Cool Pro Hac Update from Ho-Chunk Nation

HCN has updated their own tribal rules of civil procedure to allow for a pro hac waiver in tribal court for child welfare cases:

(C) Counsel not admitted to practice before the Ho-Chunk Nation Courts, but seeking to appear on behalf of a federally recognized Indian tribe in a proceeding regarding a petition for guardianship or for child protection over a child who is a member of that tribe, or eligible for membership in that tribe, shall be permitted to appear without paying any fee. Counsel representing an Indian tribe in such a matter shall also be permitted to make their appearance without filing a motion for special appearance, provided that, at that appearance, said counsel states on the record that they are admitted to practice in another state, federal, or tribal jurisdiction; that they have been in actual practice for two or more years, and takes the oath or affirmation for practice. This rule shall not apply to attorneys who appear on behalf of the Ho-Chunk Nation.

HCN Civ. Pro. R. 16(c)

We’ve updated the pro hac page accordingly.  Obviously these are not ICWA pro hac waivers, but are related and can be used to show comity in this area.

Seventh Circuit Briefs in Stockbridge-Munsee Community v. State of Wisconsin & Ho-Chunk Nation


SMC Opening Brief

Wisconsin Answer Brief

Ho-Chunk Nation Answer Brief

Reply Brief

Lower court materials here. Other materials here.

Wisconsin SCT Briefs in Wingra Redi-Mix, Inc. v. State Historical Society of Wisconsin


wingra opening brief

ho-chunk nation response brief

state historical society brief


News coverage of oral argument here.

Lower court materials here.

Friday Job Announcements

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law or leadership job posted on Turtle Talk, please email

Southern Ute Indian Tribe

Legal Department Director, Ignacio, C.O. Will lead a well-established staff of three Tribal Attorneys, a Deputy Director, and a Legal Assistant. Position closes at 5:00 pm Mountain Standard Time on 12/18/2017.

Native American Program of Legal Aid Services of Oregon (NAPOLS)

Tribal Domestic Violence/Sexual Assault Program Specialist, limited-duration, Portland, O.R. Will work with the Burns Paiute Tribe to strengthen the Tribe’s response to DV, SA, dating violence, and stalking.

Havasupai Tribe

Chief Judge, Supai, A.Z. Presides over a broad range of civil and criminal cases for the Havasupai Tribal Court.

Sac & Fox Tribe of the Mississippi in Iowa

Associate Judge, Tama, I.A. Responsible for fairly and impartially hearing and deciding judicial cases and matters at the Trial Court level within the jurisdiction of the Sac and Fox Tribal Court pursuant to the Sac and Fox Tribe of the Mississippi in Iowa tribal laws, codes, rules and regulations.

Morongo Band of Mission Indians

Tribal Attorney, Banning, C.A. Represents the interests of the Morongo Tribe, Morongo Tribal Government, Morongo Tribal Administration, and Morongo Tribal programs, including but not limited to direct representation in tribal and state court of Morongo Tribal government / programmatic interests as directed by the In House General Counsel.

Sitka Tribe of Alaska

Family Law Attorney, Sitka, A.K. Provides holistic legal representation to Native American victims of domestic violence and sexual assault – Salary DOE –  Full-time benefitted. Grant-funded position that will begin in January 2018 and continue for approximately three years. Applicants should submit a cover letter, resume, and writing sample to or by mail to Sitka Tribe of Alaska, 456 Katlian St., Sitka, AK 99835. Electronic applications preferred. First review November 27th, 2017.

Ho-Chunk Nation

Tribal Attorney, Black River Falls, W.I. Performs a wide variety of legal work representing the Nation as a government, its departments, boards, and commissions. The Tribal Attorney will prepare pleadings for hearings and other legal proceedings, perform legal research, provide court representation; and other duties as assigned. Applicants may visit the Ho-Chunk nation website to apply.

Kilpatrick Townsend & Stockton LLP

Associate, Native American Affairs Group, Washington, D.C. Seeking to hire an associate with 1-3 years of experience and a background or interest in Indian law and litigation.

Department of the Interior

Supervisory-Attorney Adviser, Federal and Indian Royalties Section, Office of the Solicitor, Lakewood, C.O. Oversees the provision of legal services to the offices and programs of the ONRR with particular emphasis on legal issues related to the appropriate interpretation and implementation of the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), codified as amended at 30 U.S.C. §§ 1701 et seq., and what is commonly known as the Mineral Leasing Act of 1920, codified as amended at 30 U.S.C. §§ 181 et seq.

Other jobs posted this week:

Alaska Fellow, Native American Rights Fund (11/29/2017)

Previous Friday Job Announcements: 11/17/2017

Stockbridge-Munsee/Ho-Chunk Nation/Wisconsin Gaming Compact Dispute Dismissed as Moot

Here are the materials in Stockbridge-Munsee Community v. State of Wisconsin (W.D. Wis.):

8 motion for pi

27 state response

37 ho-chunk response

39 reply

57 ho-chunk motion for judgment on pleadings

58 stockbridge opposition

62 reply

67 dct order

Wisconsin Appellate Court Rules in Favor of Protecting Ward Mound Burial Effigy Group

Here are the materials in Wingra Redi-Mix Inc. d/b/a Wingra Stone Company v. Burial Sites Preservation Board:

Wingra Brief

Ho Chunk Nation Brief

Burial Sites Preservation Board Brief

Wingra Reply

Wisc COA Opinion

And here are the materials in the companion case Wingra Redi-Mix Inc. d/b/a Wingra Stone Company v. State Historical Society of Wisconsin:

Historical Society Brief

Ho Chunk Nation Brief

Wingra Brief

Historical Society Reply

Ho Chunk Nation Reply

Wingra Reply

Wisc COA Opinion

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

Friends Committee on National Legislation

Congressional Advocate on Native American Policy, Washington, D.C. This is a 27-month professional fellowship that begins in October 2017. Application deadline is June 1, 2017.

Open Society Foundations

Leadership in Government Fellowship. Founded to support former senior-level government staff in the United States and its territories who have recently left public service and have played a significant role in advancing social change from within government in the United States and its territories at the local, state, or federal levels.

Little Traverse Bay Band of Odawa Indians

Summer Law Clerks, Harbor Springs, MI. LTBB Tribal Court is seeking two unpaid summer law clerks funded through your school or other external sources. Harbor Springs is a resort community on the beautiful waters of Lake Michigan. The Tribal Court is a court of general jurisdiction hearing cases including, but not limited to: criminal, civil, drug court, domestic violence, eviction and children’s cases. The Tribal Court is looking for applications from students interested in working on a huge variety of legal issues. No prior Indian law classes are required, but a genuine interest in Indian law and strong legal research and writing skills are necessary. The following are examples of projects and work to be done by LTBB’s summer clerks:

-Participating on the Drug Court Team,
-Researching Domestic Violence programs that can be integrated into the Tribal Court;
-Research and writing for the Tribal Court;
-Research and writing for the Appellate Court;
-Reviewing novel procedural and constitutional issues;
-Assessing, reviewing, and writing Court Rules and Procedures;
-Working with other units of Tribal Government;
-Working with the Court on establishing special protocol for juvenile cases;
-Working on Indian Child Welfare matters and cases.

Due to the significant cultural events and activities occurring on the reservation the Tribal Court allows time for and encourages our summer clerks to be involved in Tribal functions, events, and activities, as well as activities in the outlying community. Our clerks attend sacred fires and feasts, learn how to cut sweet grass and birch bark and participate in a variety of traditional activities. We assist students in locating appropriate and affordable summer housing. We are a family-friendly employer. Please email cover letters and resumes to Yvonne Brown at and state your GPA in your cover letter.  We will request transcripts and writing samples for people we are interested in interviewing.

Rothstein Law Firm

Indian Law Associate, Tempe, AZ. Rothstein Donatelli is accepting applications for an Indian law associate position in its Tempe, Arizona office. The position is for an attorney with a minimum of 2 years of Indian law or general legal experience. Candidates should possess excellent oral and written communication skills. Rothstein Donatelli, with offices in Santa Fe and Albuquerque, NM and Tempe, AZ, focuses its practice on federal Indian law, civil rights, white collar criminal defense, and personal injury. Rothstein Donatelli is committed to advancing the sovereign rights of Native American tribes. Please send a cover letter, resume, writing samples and three professional references to Joseph Meserve, Executive Director, P.O. Box 8180, Santa Fe, New Mexico, 87504-8180. E-mail responses may be submitted to

Ho-Chunk Nation

Legislative Attorney, Black River Falls, WI. Works directly with the Nation’s Legislature to assist in drafting tribal laws and resolutions, while also generally providing guidance and advice to the Legislature on issues of Ho-Chunk, Federal, and State law.  This could cover a broad range of issues, including tax, finance, business, gaming, criminal law, jurisdiction, constitutional interpretation, litigation, family law, housing, real estate, employment, environmental, and leasing.  Attorneys for the Nation may also be called upon to advocate for the Nation in judicial, administrative, or political settings.  This position may require some travel as well. The tribe is organized under a Constitution that includes four Branches of government, including the General Council, Legislature, President and Judiciary.  The Legislature’s legal needs are served by the Legislative Counsel and three Legislative Attorneys (who are supervised by the Legislative Counsel).

The Legislature seeks a candidate with a law degree from an accredited law school, with zero to five years of experience, who is (or will become) a member of the State Bar of Wisconsin.  The Ho-Chunk Nation provides a competitive salary with benefits.  See attached job description. Interested persons can send a cover letter and resume to the following: Michael Murphy, Legislative Counsel, Ho-Chunk Nation, P.O. Box 667, Black River Falls, WI 54615.

National American Indian Housing Council

Deputy Director, Washington, D.C. This high-level position serves as a senior leader on organizational operations and reports directly to the Executive Director. The position directs all aspects of the organization’s administrative services and operations in support of NAIHC. This position supervises administrative personnel and coordinates departmental administrative personnel for general clerical, financial and administrative support activities; assures that good customer service is provided from support staff through proper training and mentoring; works closely with the Executive Director for planning, budgeting, member services, management and grant management. The Deputy Director is responsible for procurement and contracting services and for the development, implementation and monitoring of written policies governing NAIHC. The Deputy Director works closely with the Executive Director to ensure that the program, events and financial objectives of NAIHC’s strategic plan are met. This position provides support in the areas of grant writing, program compliance, statistical analysis, project/program development, technical assistance, and facilitates collection and analysis of membership data including periodic membership needs assessment.

Minimum candidate qualifications include: Bachelor’s degree in accounting, business or related field; Minimum of 7-10 years of progressively responsible experience in non-profits, including experience in non-profit finance, internal controls, policy, human resource management, program development, and event planning. Must possess excellent supervisory and planning skills; strong written and oral communication skills. Candidates should send their resume and cover letter to Please place “Deputy Director” in the subject line. For more information on NAIHC visit Position will be open until filled.

Stockbridge-Munsee Sues Wisconsin and Ho-Chunk Over Gaming

Here are the materials so far in Stockbridge-Munsee Community v. State of Wisconsin (W.D. Wisc.):




FINAL Motion for PI