Here is the order:
The decision acknowledges that the county’s current redistricting plan would dilute the voting power of the Native community and requires the county commissioners to create a new plan for the county elections in November. “The Lower Brule Sioux Tribe remains ready to help Lyman County make positive changes on and off-reservation: let’s get started,” said plaintiff, voter, and Lower Brule Sioux Tribe Vice Chairman Neil Russell.
South Dakota is sending us into the weekend with a positive attitude with this decision. In a shocking development [not shocking] it turns out that if an agency “ceased providing any efforts toward reunification after the December 2019 hearing. This means that from December 2019 to September 2020 no efforts were made by DSS to provide Mother remedial services or rehabilitative programs and no efforts were made to reunite C.H. with Mother” then, “[t]he circuit court’s finding of fact to the contrary—that DSS ‘has been providing active efforts to this family since October 2, 2018; including in-home services to prevent placement, and ongoing services to allow safe return of the child to no avail’—is not supported by the record. To the extent this finding suggests that DSS’s efforts were ongoing up to the point of the dispositional hearing, it is clearly erroneous.”
Unusually, I didn’t add any of the italics. That’s all the South Dakota Supreme Court.
Also, anyone else get excited when a Court starts a paragraph like this: “Because this error [termination of parental rights] requires a remand, we take this opportunity to address additional errors that occurred below to prevent their reoccurrence.”? _insert eating popcorn emoji_
So, in addition to not appointing the child an attorney despite state law requiring it, the Court also says “Second, although not raised as an issue on appeal, there are glaring defects involving ICWA mandates in the underlying proceeding that we cannot ignore.” The QEW testimony did not satisfy the evidentiary burden, and the court found that termination was not the least restrictive alternative given the child’s best interests.
Mom did a ton of work on her own in this case despite and in spite of the state’s inaction. The Court’s recognition of this is a welcome change from most child welfare decisions.
Here are the materials in Goodface v. Lower Brule Sioux Tribe 2020 Election Board (D.S.D.):
Here are new pleadings in Great American Life Insurance Company v. United States Department of the Interior (S.D. Ohio):
Prior post here.
Here are the materials in Great American Life Insurance Company v. United States Department of the Interior (S.D. Ohio):
18 Notice of Additional Authority
We previously posted on this case here.
Human Rights Watch previously published a report on the doings at Lower Brule, here.
Here. An excerpt:
The IG report concluded that the loan guarantee “departed from” department guidelines but didn’t find any criminal violations. A federal grand jury investigated the episode, according to a spokeswoman for the IG, but did not hand up any indictments.
Still, the fiasco generated criticism both inside the tribe, according to the IG’s report, and outside. Said Arvind Ganesan, the director of Human Rights Watch’s Business and Human Rights Division, who researched the deal as part of a broader report on the Lower Brule Sioux: “It’s pretty disturbing that he’s now in charge of a department that’s being sued over a deal that he arranged and that went so badly.“
Link to Human Rights Watch report on the Lower Brule Sioux issues here.
Link to OIG report here.
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.
Ho-Chunk Nation
Tribal Prosecutor (originally posted 9/8/17), Black River Falls, W.I. The position hours are Monday-Friday 8 AM-4:30 PM. Pay depends on qualifications. Interested applicants should submit an application, resume, and transcripts if they are within 2-5 years of graduating law school. Applicants may visit the Ho-Chunk nation website to apply.
DNA-People’s Legal Services
Attorney vacancies, various locations in A.Z. and N.M. (some originally posted 9/8/17)
Snoqualmie Indian Tribe
Staff Attorney. Provides legal advice, representation, and services regarding a broad range of matters arising in the operation of the Snoqualmie Tribal Government and its various departments, subject to the direction and oversight of the In-House Tribal Attorney. This is an exempt position that reports to the In-House Tribal Attorney. Closes Saturday, December 2, 2017.
Port Gamble S’Klallam Tribe
Public Defender(RFP), Kingston, W.A. Seeking proposals from qualified candidates to provide Public Defender services in criminal matters within the jurisdiction of the Port Gamble S’Klallam Tribal Community Court. The Public Defender shall assist individuals understand the criminal charges filed, possible outcomes of those charges, the procedures the court is required to follow and to represent defendants throughout the process. The Public Defender must be licensed to practice law in Washington State or eligible as a Rule 9 and under the direction of a supervising attorney. Proposals due by 4:30 PM PT on Tuesday, December 5, 2017.
Lower Brule Sioux Tribe
Prosecuting Attorney, Lower Brule, S.D. Represent the Tribe in prosecution of adults committing criminal acts within tribal jurisdiction, including fish and wildlife offenses.
Bora Laskin Faculty of Law at Lakehead University
(3) Faculty Positions, Indigenous and Aboriginal Law, Northern Land Use Law, Thunder Bay, O.N. Candidates will be appointed as Full, Associate or Assistant Professors, depending on qualifications, teaching, and research experience. These appointments will commence in the summer of 2018 and offer excellent opportunities to join Ontario’s newest law school and contribute to its unique focus on the legal issues of Northern Ontario.
Pascua Yaqui Tribe
Deputy Prosecutor, Tuscon, A.Z. Provide professional legal services of considerable difficulty in criminal and juvenile prosecution, some child-welfare (custodial) litigation and occasionally may assist the Chief Prosecutor with managing the Prosecutor Office.
Columbia Riverkeeper
Staff Attorney, Hood River, O.R. Responsible for working with Riverkeeper’s legal team and other staff to develop and execute Riverkeeper’s legal and policy work, including representing Riverkeeper in litigation and administrative processes. The Staff Attorney work plan will focus on deepening Riverkeeper’s relationship and solidarity work with Columbia River tribes and tribal organizations. Application deadline is Monday, December 4, 2017.
National Indian Gaming Commission
Summer 2018 Interns, Washington D.C. NIGC’s internships are highly competitive. Interns are selected on the basis of their overall applications. Due to the nature of NIGC’s practice, experience or demonstrated interest in Indian law or a background in Indian affairs or gaming is highly desirable. Deadline is Friday, December 1, 2017.
Other jobs posted this week:
Contractual Evaluator(RFP), Grand Traverse Bands of Ottawa and Chippewa (11/6/17)
Previous Friday Job Announcements: 11/3/17
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.
Lower Brule Sioux Tribe
Tribal Court Public Defender, Lower Brule, S.D. The chosen applicant will have a law degree from an ABA accredited law school and be a member in good standing of the bar of any state (South Dakota licensure preferred). Must never have been convicted of a felony. Provides legal counsel and representation to adults accused of criminal offenses and juveniles accused of delinquent acts. Examines evidence and prepares and presents cases for the defense in criminal actions/delinquency actions. Review police reports. Draft motions, legal memorandums, and other pleadings. Conducts client and witness interviews. File pretrial motions. Identifies appropriate sentencing alternatives for clients and assists with getting clients into treatment. Appear in court on a daily basis. Knowledge of federal Indian law, criminal law, criminal procedure, juvenile law and procedure; and drug court or alternative courts process and procedures. Ability to argue legal positions effectively and persuasively, recognize, formulate and implement viable case defense theories, investigations and litigation strategies. Ability to communicate effectively both orally and in writing, multi-task, prioritize assignments, and remain organized. Work effectively with others. Code writing (such as updating or amending tribal laws). Assist with grant writing. Be a contributing asset to the office and welcome the opportunity to promote justice on the reservation. Other duties as may be assigned by Chief Judge. Salary: Negotiable, depending on experience. Closing Date: Until filled. Applications shall be in writing, to include a professional resume, legal qualifications and any other submissions at the option of the applicant. Native American preference applies. Applications may be obtained from the LBST Personnel Office, Lower Brule, South Dakota (phone: 605-473-5561) or by contacting or Chief Judge Lorrie Miner at 605-473-5528.
Pueblo of Pojoaque
General Counsel, Santa Fe, N.M. Position open until filled. Email sofstehage@pojoaque.org
Alaska Legal Services Corporation
Tribal Court Support Attorney, Bethel, A.K. Provide legal advice and representation to YK Delta tribal governments to enhance and develop tribal justice systems handling matters related to child protection and community and family safety.
ICWA Staff Attorney, Bethel, A.K. This position primarily involves representation of tribal clients in state child welfare proceedings and enforcing the Indian Child Welfare Act, and may also involve litigating other Native law matters on behalf of AVCP Tribes and tribal members.
Grand Traverse Band of Ottawa and Chippewa Indians
SDVCJ Project Coordinator, Peshawbestown, M.I. Open until filled. GTB Application.
Confederated Tribes of the Umatilla Indian Reservation
RFP Will & Estate Planning Attorney Services, Pendleton, O.R. Submissions must be postmarked no later than March 24, 2017.
Cherokee National Historical Society
Executive Director, Park Hill, O.K. Primary responsibility for leading the organization’s strategic planning and fundraising efforts, managing the day-to-day operations and directing the work of a professional staff, and serving as the primary spokesperson for the organization
Link: Memorandum
The audit identified a total of $1,440,748 in questioned costs, as well as the need for increased oversight by USBR. OIG offers six recommendations to help USBR resolve the questioned costs and improve its operations with LBST. USBR agreed with all six recommendations and will begin negotiations with LBST to recoup the unallowable costs.
Here is the audit page, and the audit itself.
From the description:
We audited the Lower Brule Sioux Tribe’s (LBST) interim incurred costs on Cooperative Agreement No. R95AV60020 with the Bureau of Reclamation (USBR). The agreement was issued by USBR for operation, maintenance, and administrative activities associated with the Lower Brule Rural Water System, which serves tribal and nontribal customers in southwestern South Dakota.Our audit identified a total of $1,440,748 in questioned costs, as well as the need for increased oversight by USBR. We offer six recommendations to help USBR resolve the questioned costs and improve its operations with LBST. USBR agreed with all six recommendations and will begin negotiations with LBST to recoup the unallowable costs.
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