Here are the briefs:
Gila River Indian Community Opening Brief
Tohono O’odham Nation Amicus Brief
Lower court order:
Gila River Indian Community
Friday Job Announcements
Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.
National Indian Gaming Commission
Financial Analyst, Washington D.C. Closes 10/13/2016.
Lower Brule Sioux Tribe
Public Defender, Tribal Court. Open until filled.
Gila River Indian Community
Supervising Protective Services Attorney, Office of General Counsel (originally posted 9/16/2016). New closing date 10/18/2016.
Protective Services Attorney, Office of General Counsel (originally posted 9/16/2016). Now two positions available with new closing date of 10/18/2016.
Hualapai Tribe
Judge, Wellness Court. Open until filled.
Clerk Coordinator, Wellness Court. Open until filled.
Probation Officer, Wellness Court. Open until filled.
Judge Grants Tribal Motions to Intervene in Goldwater (ICWA) Litigation
Friday Job Announcements
Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.
Department of the Interior
Attorney-Advisor, Office of the Solicitor, Division of General Law, Employment and Labor Law Unit, Washington D.C. (Closes 9/26/16)
Department of Justice
Law Student Volunteers, The U.S. Attorney’s Office, Eastern District of Michigan is currently recruiting 4 Student Volunteers for Winter/Spring 2017. This is a volunteer (unpaid) position and is intended to last for one semester in Detroit. Closes Monday, October 3, 2016.
Gila River Indian Community
Protective Services Attorney, Office of General Counsel. Closes 9/30/16
Supervising Protective Services Attorney, Office of General Counsel. Closes 9/30/16
California Indian Legal Services
Senior Staff Attorney, Eureka office.
Deputy Prosecutor Opportunity with Gila River Indian Comm.
Gila River Indian Community
Job Description
PROSECUTOR I – DEPUTY COMMUNITY PROSECUTOR
DISTINGUISHING FEATURES OF THE CLASS:
The Prosecutor I position involves representing the Community in the litigation of criminal complaints, civil petitions and juvenile offender matters in the Community courts as plaintiff or petitioner; legal research and writing; intimately familiar with professional responsibilities as an Attorney.
ESSENTIAL FUNCTIONS:
- Conduct legal research, analysis and document production related to the litigation of criminal and civil cases in the Community courts.
- Represents the Community in Court at arraignments/initial hearings, pretrial/status conferences, review and evidentiary hearings and trials/adjudications in which the Community is the plaintiff or petitioner, as assigned.
- Draft legal pleadings for the Community courts.
- Gather and analyze evidence in criminal and civil cases.
- Maintain case files, calendars and database for criminal and civil cases.
- Assist in the development, revision and codification of the Community’s laws, resolution and ordinances.
- Assist in representing the Community at meetings, court proceedings and other functions.
- Perform other related duties as assigned.
REQUIRED KNOWLEDGE, SKILL AND ABILITY:
- Background and knowledge of criminal law, procedure and appellate process with some practical experience in criminal case preparation and litigation preferred.
- Knowledge of and experience in application of the principles of jurisprudence and legal analysis, including a background in and knowledge of Federal Indian Law.
- Ability to work independently and in intensive concert with others.
- Ability to clearly and succinctly articulate ideas and logical analysis orally and in writing.
- Ability to maintain effective working relationships with other employees, Community Officials and the general public.
- Ability to perform all physical requirements of the position; agree to maintain a Drug-free workplace.
REQUIRED EXPERIENCE AND TRAINING:
Juris Doctorate degree from an ABA accredited school of law with current membership in good standing with the Arizona State Bar.
ADDITIONAL REQUIREMENTS:
- Submission of an acceptable legal writing sample (5-10 pages).
- Preference for attorney with specialized experience in Federal Indian Law.
- Required to qualify for a Tribal driving permit.
- Must be able to pass a background check and DPS fingerprint clearance.
Classification Code: PR022 Approved: 04/24/2015
Grade:48 Base Pay: $66,058
Non-Supervisory, Salaried Position Reports to Chief Prosecutor or designee
Gila River Indian Community Letter to NACDL re: Bryant Amicus Brief
Here:
An excerpt:
I am writing to you to express the Gila River Indian Community’s concerns regarding the Brief Amici Curiae of the National Association of Criminal Defense Lawyers and Experienced Tribal Court Litigators in Support of Respondent (“Brief’) recently filed with the Supreme Court of the United States in United States v. Bryant (No. 15-420). The Brief makes numerous attacks on the Community’s criminal justice system, hasty generalizations regarding tribal justice systems, and omits relevant facts and conclusions regarding the Community.
The stated purpose of the Brief is “to draw upon amici’s knowledge and experience with tribal-court criminal litigation to give this Court an informed perspective from which to assess these claims.” Brief at 4 (emphasis added). Unfortunately, the Brief does not do so. Instead, it reads as a narrative and anecdotal attack on tribal justice systems, prominently including the Community. These attacks on the Community’s criminal justice system have often come in a third-party form, such as letters from the National Association of Criminal Defense Lawyers and National Association of Federal Defenders to members of Congress regarding proposed legislation. Despite prominent mention of the Community, these letters- and the Brief-were not provided to the Community when sent or filed. We suspect it may have to do with the favorable outcomes to the Community in the cases discussed in the Brief.
Briefs and other materials in this case are here.
Burden of Proof ICWA Case Out of Arizona Court of Appeals
Here.
Based on these authorities, we are persuaded that the
heightened standard of “clear and convincing” evidence should apply when Arizona courts decide whether good cause exists to deviate from ICWA foster or adoptive placement preferences. Because it is unclear what standard of proof the juvenile court applied here, we remand the good cause determination for reconsideration. Although we need not reach some of the parties’ remaining arguments, we address certain issues likely to recur on remand.
The authorities cited are 2015 Guidelines and case law from across the states.
Guardian Series on America’s Poorest Towns Includes Gila River
Link to article here.
Briefing Completed in Gila River Indian Community Motion to Intervene in ICWA Goldwater Litigation
47 – Gila River Motion to Intervene
72 – OppositiontoGilaIntervention
76 – Gila River Reply in Support of Motion to Intervene
Plaintiffs in the case also filed their response to DOJ’s motion to dismiss. A hearing on the matter is scheduled for December 18.
Collected filings here.
Turtle Talk 
You must be logged in to post a comment.