Links: Tulsa World coverage
Download(PDF) complaint in the matter of Kialegee Tribal Town v. Zinke et al, 17-cv-01670 (D.C. Circuit August 17, 2017): Doc. 1 – Complaint for Declaratory and Injunctive Relief
Kialegee Tribal Town is arguing the precedence of last week’s Murphy v. Royal like Cherokee Nation is in McKesson v. Hembree.
Statement from the National Indigenous Women’s Resource Center, Link Here
The current reports of abduction and murder of American Indian women and girls are alarming and represent one of the most severe aspects of the spectrum of violence committed against Native women. The murder rate of Native women is more than ten times the national average. Often, these disappearances or murders are connected to crimes of domestic violence, sexual assault, and sex trafficking.
The NIWRC recognizes that before this crisis will be sufficiently addressed it must first be acknowledged. This past year, over 200 tribal, state and national organizations joined with NIWRC and signed on in support of a resolution to create a National Day of Awareness for Missing and Murdered Native Women and Girls. The Montana delegation Senator Steve Daines, Senator Jon Tester, and then Congressman Ryan Zinke introduced the resolution in memory of Hanna Harris, a Northern Cheyenne tribal member, who was murdered in July 2013. The resolution was introduced in April 2016 on the same day that RoyLynn Rides Horse, a Crow tribal member, passed away after having been beaten, burned, and left in a field to die. This past Wednesday, May 3, 2017, the United States took a historic step forward and passed the Senate resolution #60 by unanimous consent.
The NIWRC was honored to have worked with so many sister organizations at the tribal, state and federal levels to see the passage of this historic resolution. Today, May 5th 2017, organized community actions are taking place across tribal nations in honor of missing and murdered Native women and girls. The national office of NIWRC is honored to walk with Melinda Harris, mother of Hanna Harris, Senator Steve Daines, staff of Senator Jon Tester and so many others at a walk organized at Lame Deer, Montana. Tribal actions are being held at the Muscogee Creek Nation, the Mohawk Nation, the Oglala Sioux Indian Nation, the Northern Cheyenne Indian Nation, and many other locations.
We ask all of those concerned about safety and justice for American Indian, Alaska Native, and Native Hawaiian women to join together today to honor Native American women and girls who have disappeared and those who have been murdered. Together we can work to bring an end to this crisis endangering not only Indigenous women and girls but Indian nations.
The NIWRC is committed to organizing to increase safety and access to justice for American Indian and Alaska Native women and girls, to bringing awareness to this critical issue, and to preventing future acts of violence in our Nations.
Lucy Simpson
Executive Director, NIWRC
Cherrah Giles
Board Chair, NIWRC
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.
NORMAN, Okla. – The Muscogee (Creek) Nation (MCN) added free press protections for the tribe’s media division, Mvskoke Media, with the passage of a free press act.
The MCN National Council passed NCA 15-218 by a unanimous vote of 14-0 during the Sept. 26 meeting at the tribal headquarters in Okmulgee, Okla. MCN Principal Chief George Tiger signed the legislation into law Oct. 8.
The council cited access to information and a need for an independent media with stronger objective reporting by the tribe’s media department as findings of support for the amendment.
Reps. Thomas Yahola, Pete Beaver, Johnnie Greene, David Nichols, Dode Barnett, Joyce Deere, Frank Coachman, Mark Randolph, Lucian Tiger, David Hill, Robert Hufft, James Jennings and Adam Jones co-sponsored the legislation.
The department includes a semi-monthly newspaper, weekly radio and television broadcasts and graphic design and printing services.
Mvskoke Media was previously organized under the tribe’s executive branch.
Sterling Cosper, editor of the tribe’s official newspaper, the Muscogee Nation News, said the passage of the act is a positive first step toward an independent press.
“Officially confirming the fourth estate to the framework of our government is an imperative exercise in tribal sovereignty and self-governance,” he said. “We intend to perpetuate this exercise by immediately utilizing the protective provisions of this bill to fulfill its purpose of bringing fair and balanced accounts of MCN affairs to the citizens.”
Jason Salsman was named interim manager of the department earlier this year. He is also the multimedia producer and host of Native News Today, the only all-Native news format currently airing on network television in the state of Oklahoma.
“The citizens will get timely, pertinent news from credible journalists with excellent sources and documentation to back their work,” Salsman said. “The fact that the fourth largest tribe in America will fund a department to be the watchdog sends a clear, concise message that transparent government is a top priority. My hope is that many others will do the same.”
The amendment established an independent three-member editorial board, which oversees Mvskoke Media, without influence from the tribal government.
The executive branch, legislative branch and Mvskoke Media are each responsible for nominating one member to the newly established three-person editorial board. Each member will serve a three-year term.
Travis Snell and Rebecca Landsberry were confirmed as board members by tribal resolution Oct. 31 during the MCN National Council quarterly session.
As of press time, a third member has not yet been nominated.
Snell is a member of the Cherokee Nation and serves as the associate editor of the Cherokee Phoenix, the oldest Native American newspaper. The Phoenix is one of a handful of tribal media outlets with free press protections currently in place. He is a longtime member of the Native American Journalists Association (NAJA).
NAJA is a nonprofit organization educating and connecting its membership through programs that promote diversity and defend challenges to free press, speech and expression. NAJA currently has more than 500 members across the U.S., and Canada covering Native communities through local, tribal and mainstream media.
Landsberry is a Muscogee (Creek) citizen and former editor of the Muscogee Nation News. She is the current NAJA interim executive director and treasurer for the Native Health News Alliance.
Landsberry says freedom of the press empowers tribes.
“It is essential for these journalists covering stories in Native America to have autonomy and the means to hold those in power accountable to the citizens,” she said. “This historic act will continue to strengthen tribal sovereignty and is a tremendous accomplishment for NAJA members there in Mvskoke Media, the Muscogee (Creek) Nation and Indian Country.”
Cosper said the next step will be to add a freedom of information act (FOIA).
“We encourage citizens and officials alike to strengthen our role in the checks and balances system by supporting the passage of a FOIA, which will provide attributive documentation for the content of our coverage,” Cosper said.
Cosper said the department aims to ask for citizen input with adding free press language directly into the MCN Constitution, in addition to the new code of law.
“Through this, citizens would vote to add us as a functioning body of the foundational document for MCN government with their approval being the only means to reverse it,” Cosper said.
MCN is the fourth largest Native American tribe in the U.S., and includes more than 79,000 citizens across the globe. It is the third tribe in the state of Oklahoma to enact free press protections, following the Osage Nation’s passage of the Independent Press Act in 2008 and the Cherokee Nation’s Independent Press Amendment in 2009.
Here are the materials in Life Insurance Company of North America v. Hudson Insurance Company (E.D. Okla.):
An excerpt:
LINA argues that tribal exhaustion does not apply to an ERISA case. The exhaustion of tribal remedies requirement was modified in El Paso Natural Gas Company v. Neztsosie, 526 U.S. 473 (1999). In that case, the Supreme Court held that the tribal exhaustion requirement did not apply to a case involving the Price-Anderson Act, a statute with a broad preemptive scheme. LINA argues that the Northern District of Oklahoma has since held that like the Price-Anderson Act at issue in Neztsosie, ERISA preempts state and tribal court claims “related to benefit plans falling under its purview” and concluded that abstention would be inappropriate. Vandever v. Osage Nation Enterprise, Inc., No. 06-CV-380-GKF-TLW, 2009 WL 702776, at *5 (March 16, 2009 N.D. Okla.) (citing 29 U.S.C. § 1144). See also Coppe v. Sac & Fox Casino Healthcare Plan, No. 14-2598-RDR, 2015 WL 1137733 (March 13, 2015 D. Kansas). This court agrees.
Hudson argues, however, that Vandever is not controlling in this case because suits between insurers for reimbursement of benefits paid are not pre-empted by ERISA. Hudson is correct. Complete preemption under ERISA “is limited to claims brought under § 502(a), and that provision, in turn, is limited by its terms to claims ‘by a participant or beneficiary’ of an ERISA-regulated plan ‘to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan or to clarify his rights to future benefits under the terms of the plan.’” Hansen v. Harper Excavating, Inc., 641 F.3d 1216, 1221-22 (10th Cir. 2011) (citing 29 U.S.C. § 1132 (a)(1)(B)).
Here:
Petition for a Writ of Certiorari (as filed)
Question presented:
Does Michigan v. Bay Mills Indian Community, 134 S.Ct. 2024 (2014), require the dismissal of a State’s suit to prevent tribal officers from conducting gaming that would be unlawful under the Indian Gaming Regulatory Act and a state-tribal compact when
• the suit for declaratory and injunctive relief has been brought against tribal officials – not the tribe;• the gaming will occur in Indian country, on the land of another tribe; and
• the state-tribal compact’s arbitration provision does not require arbitration before filing suit?
Lower court materials here.
Here. Like its earlier decision, today’s amended opinion concludes that the district court erroneously granted the State’s request for a preliminary injunction and held that the State’s complaint, which alleged class III gaming activities on non-Indian lands, failed to state a claim under IGRA.
The Tenth Circuit also reiterated that arbitration provisions in the state’s gaming compact effectively barred Oklahoma from suing tribal officials in federal court for purported violations of the compact. The court remanded the matter to the Northern District of Oklahoma with instructions to vacate the preliminary injunction and to dismiss Oklahoma’s complaint with prejudice.
Also, the court denied the petition for en banc review.
Panel materials are here.
Turtle Talk 
You must be logged in to post a comment.