Here are the materials in Cayuga Nation v. United States (D.D.C.):
Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an open Indian law or leadership job, please send a brief description of the position and a PDF job announcement to firstname.lastname@example.org.
Interior Board of Indian Appeals
Attorney-Adviser, Arlington, VA. The Interior Board of Indian Appeals (IBIA), Office of Hearings and Appeals, U.S. Department of the Interior, is currently soliciting applications from highly qualified individuals to serve as IBIA’s staff attorney. For more information please see the attached job description or visit: https://www.usajobs.gov/GetJob/ViewDetails/517311600. Application closes December 19, 2018.
Match-e-be-nash-she-wish Band of Pottawatomi Indians
Tribal Prosecutor, Shelbyville, MI. This position will prosecute violations of Tribal law, consistent with principles of Tribal Sovereignty. The Prosecutor will represent the Tribe in all hearings related to his/her specific job duties before the Gun Lake Tribal Court, will present information in a manner consistent with ethical standards of justice and will perform his/her job duties in accordance with the laws of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians. Application closes December 13, 2018.
Alaska Legal Services Corp.
Native Law Staff Attorney, Fairbanks, Alaska. This position provides direct representation to Tanana Chiefs Conference member Tribes and tribal members. The attorney will primarily represent tribal clients in proceedings related to the Indian Child Welfare Act (“ICWA”), but will litigate other Native law and civil matters on behalf of TCC Tribes and tribal members in state court, and may provide advice to Tribal clients on issues under tribal law. Position to start in January 2019, and is open until filled. See attached job description, or visit https://www.alsc-law.org/job-opportunities/ for more information. Resume, writing sample, and references should be sent to email@example.com.
Nevada Legal Services
Indian Law Program Staff Attorney, Elko, NV. Nevada Legal Services is a statewide non-profit that provides free legal assistance to low income Nevadans. The Indian Law Program is based out of our Reno office and serves the 27 Native American tribes and colonies within the State of Nevada. The Program provides a wide range of services to both tribal members and tribal governments based upon the needs expressed by each community. In that capacity, the Program acts as public defender in a number of tribal jurisdictions and also serves as counsel to the Inter-Tribal Council of Nevada. Frequent travel throughout Nevada, including overnight stays, is required.
This is a full-time position. Benefits include paid sick and vacation time; paid medical, dental, vision and life insurance.
Requirements:Applicants should be licensed to practice in Nevada or in another state and eligible for admission pursuant to Supreme Court Rule 72.1. Experience with criminal defense highly preferred as well as knowledge of federal Indian law or tribal law.
If interested in the position, please send a resume and letter of interest to our HR administrator, Roberta O’Hara, firstname.lastname@example.org.
Michigan Indian Legal Services
Summer Legal Interns/Externs, Traverse City, MI and Southwest MI. Michigan Indian Legal Services (MILS), a statewide provider of free legal services to low income Indians and Indian tribes, seeks three summer legal interns/externs. One position will be based out of tribal offices in Southwestern Michigan and assist an attorney providing on-site services to tribal members. One intern in the Traverse City office will focus on two tribal domestic violence/human trafficking projects. One intern in the Traverse City office will provide direct assistance to clients under the supervision of two attorneys. For more information please see the position description.
Staff Attorney, Traverse City, MI. This position will focus on tribal and state law legal issues; with an emphasis on tribal court child welfare and criminal defense matters. This position will require overnight travel in the Upper Peninsula. The ideal applicants will be licensed to practice law in Michigan or eligible to be admitted by waiver and have three plus years relevant litigation experience. Please see the description for more information.
Staff Attorney, Southwest MI. The ideal applicant will be licensed to practice law in Michigan or eligible to be admitted by waiver and have three to five years relevant experience. Applicants must possess both written and oral advocacy skills as well as a demonstrated commitment to protecting the rights of American Indians. MILS will accept applications from candidates with all levels of experience. Please see the job description for more information.
Poarch Band of Creek Indians
(2) Assistant Attorney Generals, Atmore, AL. Responsible for assisting the Attorney General and Assistant Attorney Generals in providing legal services and representation to the Tribe, its Tribal Chair, its Tribal Council, Tribal Government, Tribal Authorities, all Tribal departments and entities, and all Tribal boards, commissions, and committees. For more information please see the jobs’ description. Application closes December 18, 2018 at 5pm.
Attorney Members, locations include: Alaska (5 positions in various locations throughout the state), Oklahoma (3 positions), Arizona (1 position in Phoenix) and Nebraska (1 position in Omaha). Work with local legal aid agency and partnering hospital or health clinic serving tribes to offer civil legal trainings to health providers, and provide comprehensive legal assistance for low-income patients. Areas of legal advocacy include public benefits, housing, special education, domestic violence, elder law, family law, and consumer law. For more information please see the position description.
Nottawaseppi Huron Band of the Potawatomi
Chief Legal Officer, Fulton, MI. Works under the primary supervision and direction of the Tribal Council. Provides legal services to the operational direction of the Tribal government’s Chief Executive Officer consistent with the laws, budgets and policy directives enacted by the Tribal Council. The position entails performing a broad range of legal work for all departments and divisions of the Tribal government, as well as, appearing in Courts of the Nottawaseppi Huron Band of the Potawatomi, Michigan State Courts and federal courts on behalf of the Tribe as authorized and directed. Please visit the link for more information. Application closes January 2, 2019 at 5:00pm.
Tohono O’odham Nation
Attorney General, Sells, AZ. The attorney general provides legal advice and representation to all officials, agencies, departments, divisions and branches of the Tohono O’odham Nation, a federally recognized Indian tribe with 2.8 million acres of reservation land in Southern Arizona. The attorney general represents the Nation in all legal proceedings, and in other matters that affect the legal interests of the Nation; advises senior management and tribal officials; and supervises assistant attorneys general and contract attorneys. Application closes February 1, 2019.
Federal Bureau of Investigation (FBI)
Attorney, Clarksburg, WV. The FBI’s Office of the General Counsel (OGC) is looking for experienced and highly qualified attorneys to join its exciting and challenging legal practice. OGC provides legal advice to the entire FBI, including the Director, FBI headquarters officials and agents in the 56 domestic field offices, on a wide range of substantive issues. For more information please visit the link.
Judicial Branch of the Navajo Nation
Associate Attorney, Supreme Court of the Navajo Nation, Window Rock, AZ. This position provides a variety of legal advice, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as researching and recommending policy changes and improvements for overall Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
Court Solicitor, Supreme Court of the Navajo Nation, Window Rock, AZ. This position provides a variety of legal advice, counseling, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as recommending policy changes and improvements for overall Judicial Branch; shall supervise and oversee all licensed attorneys, law clerk, hearing officers, supreme court clerk, and law clerk interns of the Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
District Court Judge, Judicial District Court, Navajo Nation Wide. The District Court Judge is responsible in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of the Judicial District. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
Associate Justice, Supreme Court of the Navajo Nation, Window Rock, AZ. This position shall perform work of unusual difficulty, hear arguments, read briefs and conduct research necessary to pass judgment and issue rulings on cases brought before the Navajo Nation Supreme Court. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
See posts from November 30, 2018.
The Federal Bureau of Investigations (FBI) is expanding background checks for firearm sales on sovereign Indian reservations as part of the Obama administration’s push to reduce gun violence around the country.Under new regulations, tribal law enforcement agencies will be allowed, though not required, to access the FBI’s criminal background check system before issuing gun licenses on reservations.“This rule does not, in any way, preempt tribal law,” the FBI wrote. “Access is wholly discretionary on the part of the tribes. This rule does not in any way mandate tribal government action.”
YAKAMA NATION STRIKES HISTORIC AGREEMENT WITH DOJ, FBI TO SETTLE LITIGATION OVER 2011 RESERVATION RAID (FBI RECITALS AGREEMENT PRESS RELEASE PDF)
FBI AGREES TO COMMUNICATE WITH YAKAMA POLICE BEFORE ENTERING YAKAMA INDIAN COUNTRY
Toppenish, WA– The Confederated Tribes and Bands of the Yakama Nation have reached an unprecedented, out-of-court settlement with the United States Department of Justice (DOJ), principally the Federal Bureau of Investigation (FBI).
The settlement fully and finally resolves Yakama’s lawsuit against the FBI and several of its sister law enforcement agencies, as well as various county and municipal police agencies from Washington State, Mississippi and Virginia. That suit arose from a federal task force raid of Yakama Reservation trust lands that commenced at dawn on February 16, 2011. Upon reported word of the settlement on August 15, 2013, U.S. District Court Judge Rosanna Peterson closed the case.
“Today is historic. The United States has agreed to honor the law enforcement protocols set forth in the Yakama Treaty of 1855. That is unprecedented.” said Yakama Nation Tribal Council Chairman and former police chief Harry Smiskin. “From today forward the FBI will communicate with Tribal Police before they enter Yakama Indian Country. I am confident that the resulting cooperation between federal and tribal cops will greatly improve public safety throughout our territories.”
Through Article II of the Yakama Treaty of 1855, the Yakama Reservation was set apart for the exclusive use and benefit of the Yakama Nation. To that end, the Yakama Treaty makes clear that no “white man” shall be permitted to reside upon Yakama Indian Country without permission from the Yakama Nation. Federal Treaty negotiators explained to the Yakama that Article II meant that no one – not even United States agents, with the lone exception of today’s Bureau of Indian Affairs agents – would be permitted to step onto Yakama Reservation lands without the Yakamas’ consent.
Also, in Article VIII of the Yakama Treaty, the United States and Yakama Nation set forth a process for delivering Yakama criminals or suspects who are in Yakama Indian Country to federal authorities. Federal Treaty negotiators also explained to the Yakama that Article VIII meant there would be a consultation process between the Head Chief or all of the Yakama Chiefs, and the United States, relative to any Yakama alleged to have committed a wrong, before they might be delivered up to federal authorities.
The settlement agreement between Yakama and DOJ is called, “Recitals of Joint Law Enforcement Goals.” It recites that:
Here is the press release:
News coverage, where county attorney says “we’re sorry.”
Text from the Yakama press release:
The Confederated Tribes and Bands of the Yakama Nation have reached out-of-court settlements with Yakima County, Benton County, and local governments from Virginia and Mississippi, to resolve the Nation’s lawsuit against those governments for a February 16, 2011, dawn raid of Yakama Reservation trust lands. Upon the first of two joint dismissal requests filed with the U.S. District Court, Judge Rosanna Peterson has already dismissed most of the claims between the parties.
“We are pleased and proud that governments from here in the Yakima Valley and Columbia River Basin, to as far away as the east coast, have all agreed to honor the Yakama Treaty of 1855,” said Yakama Nation Tribal Council Chairman Harry Smiskin. “Each of them will seek our blessing before every again returning to Yakama lands. They will also cooperate with our Tribal Police, Tribal Jail and Tribal Court to improve public safety on our reservation.”
Through Article II of the Yakama Treaty of 1855, the Yakama Reservation was set apart for the exclusive use and benefit of the Yakama Nation. To that end, the Yakama Treaty makes clear that no “white man” shall be permitted to reside upon Yakama Indian Country without permission from the Yakama Nation. The federal Treaty negotiators explained to the Yakama that Article II meant that no one would be permitted to step onto Yakama Reservation lands without the Yakamas’ consent.
In Article VIII of the Yakama Treaty, the United States and Yakama Nation set forth a process for delivering Yakama criminals or suspects who are in Yakama Indian Country to federal authorities. Federal Treaty negotiators explained to the Yakama that Article VIII meant there would be a consultation process between the Head Chief or all of the Yakama Chiefs, and the United States relative to any Yakama alleged to have committed a wrong, before they might be delivered up to federal authorities.
In March 2011, the Yakama Nation sued federal law enforcement agencies and several local governments for violating these federal Treaty provisions when raiding a Yakama member-owned business on Yakama trust lands without providing any advance notice to Yakama authorities, and in turn barring Yakama Nation cops who arrived at the scene of the raid to help keep the peace.
Since the spring of 2012, all of the parties to the litigation have engaged in a multi-track mediation process. The Yakama Nation and Department of Justice defendants remain in settlement negotiations.
Two families from the Crow Indian Reservation in Montana can proceed with a lawsuit against an F.B.I. agent that accuses him of failing to properly investigate crimes against American Indians on and around the reservation, the United States Supreme Court has ruled.
Ninth Circuit materials here.
Here is the petition in Oravec v. Cole:
The question presented:
Whether a motion to dismiss brought by a federal law enforcement officer asserting qualified immunity should be granted under Aschroft v. Iqbal, 556 U.S. 662 (2009), where the complaint alleges a Bivens claim through nothing more than a formulaic recitation of the elements of the cause of action, general and unsupported statistics and musings, and alleged policy problems having nothing to do with the particular officer.
Lower court materials here.