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.

Muscogee (Creek) Nation

Assistant Attorney General/Prosecutor in Okmulgee, OK. Will assist in the prosecution of criminal, juvenile and elder cases and matters on behalf of the Muscogee (Creek) Nation (MCN), provide legal advice and counsel to various departments and agencies of the MCN; negotiation, review & drafting of contracts; negotiation & purchase of commercial & individual property for MCN; assists with legal advice & counsel to the Tribal communities; drafting of Tribal legislation, attends tribal committee meetings & provides legal advice to Tribal committees. Perform other duties as assigned by the Attorney General.

Candidate must meet the following requirements: Graduate of an accredited law school; knowledgeable and/or have experience in Federal Indian law; must be able to communicate effectively with the public and handle workload under pressure situations; must be able to work with confidential materials; must be licensed to practice law in any state and must be in good standing with that jurisdiction; must be willing to become licensed to practice law in Oklahoma; must be a member of the Muscogee (Creek) Nation Bar Association or eligible to become a member

Visit our website for more information: www.muscogeenation-nsn.gov
Muscogee (Creek) and Indian Preference

Friends Committee on National Legislation (FCNL)

Congressional Advocate on Native American Policy Fellowship, Washington, D.C. Is the lead staff position for the Native American program and collaborates with communications and strategic advocacy (outreach and organizing) staff. Link: FAQ.

DNA People Legal Services

2017 Summer Law Clerks. DNA is one of the largest Indian legal service organizations in the country, located in northern AZ, northwest NM, and southern UT.  We serve clients who live in poverty, with their civil legal needs, such as consumer law, domestic violence, guardianships and other family law, landlord/tenant, employment and public benefits cases.  We practice in tribal, state, federal and administrative courts. We have summer law clerk positions (volunteer or Work-Study) available, the internships are 10 weeks long, generally June 1st-August 12th, but we’re flexible.

Ak-Chin Indian Community

Assistant Prosecutor, Maricopa, AZ. $67,028 – $80,433.50 per annum. Minimum Qualifications: Experience equivalent to two years of full time work providing legal counsel in a tribal, local government, or corporate setting, at least one year of trial work is preferred.  Federal Indian Law course work or clinical experience in an Indian legal clinic or law school setting will be considered toward the required experience.  Must be licensed to practice law in the State of Arizona and possess a Juris Doctorate.  Must posses a valid Arizona Driver’s License and be able to meet the Community’s insurance carrier requirements. (see list attached to application or on the website).

Closes Monday, April 17, 2017 at 5:00 p.m To be considered for this position, please submit a signed and complete Ak-Chin Indian Community application (additional resume optional), 39-month driving record from the Department of Motor Vehicles, a copy of CIB or proof of tribal enrollment if claiming Indian Preference, and a copy of DD214 if claiming Veteran’s preference to: Ak-Chin Indian Community, Attn:  Human Resources Department 16-85a, 42507 W. Peters and Nall Rd, Maricopa, AZ 85138, Fax:  520-568-1051, Email:  resumes@ak-chin.nsn.us, Website:  www.ak-chin.nsn.us

The 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, writing samples and resume to Joseph Meserve, Executive Director, P.O. Box 8180, Santa Fe, New Mexico, 87504-8180. E-mail responses may be submitted to jmeserve@rothsteinlaw.com. http://www.rothsteinlaw.com

Hoopa Valley Tribe

Associate Attorney. Seeking attorney interested in working and living in beautiful Humboldt County, CA. J.D. from an ABA-accredited law school and admission to any state bar required; CA license a plus. Three to five years’ experience in federal Indian law or a related field preferred.  Litigation experience helpful but not required. Salary DOE with excellent benefits, which may include housing. Email cover letter, resume, writing sample, and three references to hvtota.wilbur@gmail.com.

Ninth Circuit Decides Klamath-Trinity River Flow Dispute in Favor of Feds and Tribes

Here is the opinion in San Luis & Delta-Mendota Water Authority v. Haugrud.

From the court’s syllabus:

The panel affirmed in part and reversed in part the district court’s judgment, and held that the Bureau of Reclamation had the authority to implement the 2013 release of Trinity River water from the Lewiston Dam, above and beyond the amount designated in the applicable water release schedule.

Reversing the district court, the panel held that the Act of August 12, 1955, gave the Bureau the authority to implement the 2013 flow augmentation release to protect fish in the lower Klamath River. Affirming the district court, the panel also held that the 2013 flow augmentation release did not violate Central Valley Project Improvement Act (“CVPIA”) section 3406(b)(23), which called for a permanent water release that would serve only the Trinity River basin. The panel further held that the 2013 flow augmentation release did not violate California water law and, in turn, did not violate the Reclamation Act of 1902 or CVPIA section 3411(a), both of which require the Bureau to comply with state water permitting requirements.

Briefs here.

Hoopa and Yurok Tribes Prevail in ESA Litigation

Link: Federal Court Protects Klamath Salmon, Tribal and Fishing Communities (Earthjustice), previous post

Materials and briefs in the matter of Hoopa Valley Indian Tribe v. Bureau of Reclamation of the Department of the Interior of the United States of America et al, 16-cv-04294 (N.D. Cali.):

Ninth Circuit Materials in Klamath-Trinity River Flow Dispute

Hoopa - Trinity River
Trinity River in the Hoopa Valley Reservation

Here are the materials in San Luis & Delta-Mendota Water authority v. Jewell:

25 US Opening Brief

27 YT Opening Brief

28 CDFW Motion and Amicus Brief

52 2016-04-15 SLDMWA-WWD opening & resp brief

57 2016-07-01 Hoopa reply brief

59 2016-07-01 Fed Ds’ reply-response brief

62 2016-07-01 PCFFA-IFR response brief

64 2016-07-01 Yurok third brief on cross-appeal

72 2016-07-29 water contractors’ cross-appeal reply brief

73 2016-07-29 water contractors’ reply to PCFFA

SLDMWA v. Jewell, 52 FS3d 1020 (EDCA 2014) 2013 FARs XMSJ dcn

Judge Richard Blake Honored as Justice Innovator of the Year

Judge Richard Blake, Chief Judge of Hoopa Valley Tribal Court and Board of Directors President of the National American Indian Court Judges Association, was honored at the NCJFCJ Annual Conference as Justice Innovator of the Year.

The Innovator of the Year Award honors someone who has inspired, sponsored, promoted, or led an innovation or accomplishment of national significance in juvenile justice, child abuse and neglect, family law, and/or domestic violence.

Judge Blake has been a tireless advocate for tribal court judges and has been involved in amazing work in his own Tribe, leading the way in innovative practices in all areas of the law. The work he has done and the sacrifices he has made have been inspirational to many. It is great to see him being recognized on a national level for his efforts.

Congratulations Judge Blake (and his gorgeous daughter who stole the show).

H/T to Nikki Campbell for the picture.

13701142_10106498427336421_6836082684401349210_o

Ninth Circuit Briefs in San Luis & Delta Mendota Water Authority v. Jewell

Here:

Federal Opening Brief

Hoopa Opening Brief

Yurok Opening Brief

San Luis & Delta-Mendota Water Authority Opening Brief

San Luis & Delta-Mendota Water Authority Response Brief

California Amicus Brief

Federal Response Brief

Hoopa Response Brief

Fishermen’s Brief

Yurok Response Brief

San Luis & Delta-Mendota Water Authority Reply

Lower courts materials here.

Hoopa Associate Attorney Posting

Here:

ASSOCIATE ATTORNEY OTA 

As I’ve said before, one of the most beautiful places on earth:

trinityview

Federal Court Rules in Favor of Interior and Lower Klamath River Tribes in Water Dispute

Here are the materials in San Luis & Delta-Mendota Water Authority v. Jewell (E.D. Cal.):

95 First Amended Complaint

113 Water Districts Motion for Summary J

116 Pacific Coast Federation of Fisherman Opposition

118 Hoopa Opposition

119 Yurok Opposition

120-1 US Opposition

122 California Amicus Opposition

125 Water Districts Reply

132 Pacific Coast Federation of Fishermen Reply

133 Hoopa Reply

134 Yurok Reply

135 US Reply 

175 DCT Order

News coverage here: “Judge won’t stop emergency water releases helping Klamath Basin salmon.”

UPDATE 10/8/14:

181 DCT Order on Cross Motions for Summary J

Hoopa Tribal Leaders Letter re: S. 2379

The Hoopa Valley Tribe is seeking letters from Michigan tribes to Sen. Stabenow and to the Chairs of SCIA and SENR regarding a bill that would abrogate tribal water rights.

The letters should go to the Senators of the state of the tribe sending the letter. The reference to Sen. Stabenow is for Michganders.

Here are the materials:

Reply-S2379-062314

Tribal leaders letter re Klamath Legislation061714

Tribal leaders template3

VirgilMastenStatementw_Attachments_061614

Hoopa Valley Tribal Attorney Position

Posting here.