Here.
Idaho State Bar Journal Article on Nez Perce Tribe’s Special Tribal Criminal Jurisdiction
Here.
Nez Perce Tribe
Ninth Circuit Briefs in Constitutional Challenge to MCA as Unjustified Racial Classification
Here are the briefs in United States v. Gordon:
Ok, so there’s only that brief so far. Also, since the defendant stipulated to tribal membership with Nez Perce, I doubt this has legs, but it’s the kind of full-throated attack on the Indian status cases arising under the Indian country criminal jurisdiction statutes that we should expect more regularly — i.e., the kind that relies a LOT on single-authored concurrences and dissents from a certain SCT Justice that tends to rely on discredited historical research.
Here’s the lower court judgment (nothing terribly helpful here since the defendant stipulated to tribal membership):
Oregon COA Reverses State Criminal Conviction of Nez Percé Treaty Fishers
Here are the materials in State v. McCormack (Or. Ct. App.):
Idaho Federal Court Dismisses Suit against Tribally-Owned Business for Lack of Diversity Jurisdiction
Here are the materials in Whittle v. Zims Hot Springs (D. Idaho):
Tribes and States Sue to Block Sale and Removal of National Archives in Seattle
Here is the complaint in State of Washington v. Vought (W.D. Wash.):
15 Motion for Preliminary Injunction
37 Proposed Findings of Fact and Conclusions of Law and Proposed Form of Injunctive Relief
News coverage:
Washington AG press release: https://www.atg.wa.gov/news/news-releases/ag-ferguson-announces-coalition-lawsuit-save-national-archives
Indian Country Today: https://indiancountrytoday.com/news/tribes-sue-to-stop-relocation-of-rare-documents-3wsWTPg0fka-vOAV1Uoj2g
Seattle Times: https://www.seattletimes.com/seattle-news/ag-ferguson-with-tribes-and-historic-groups-sues-feds-over-seattle-national-archives-closure/
Spokesman Review: https://www.spokesman.com/stories/2021/jan/04/ag-bob-ferguson-sues-to-stop-sale-of-seattle-natio/
Yakama Nation press release:
Press Release_YN_OMB_Seattle Archives Lawsuit (1.4.21) (002)
Seattle Times: “Salmon People: A tribe’s decades-long fight to take down the Lower Snake River dams and restore a way of life”
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 job posted on Turtle Talk, please email indigenous@law.msu.edu.
Fond Du Lac Band of Lake Superior Chippewa
Tribal Court Strategic Planning RFP. The consultant will engage with justice system partners in a data-informed planning process and will develop a written tribal court strategic plan that will guide the development of the Fond du Lac Tribal Court. To submit a proposal, send a proposal by e-mail to MiyahDanielson@fdlrez.com or by mail to Miyah Danielson, Executive Director for Tribal Programs, 1720 Big Lake Road, Cloquet, MN 55720. Proposals must be received by 4:30 p.m. central time on Friday, September 1, 2017.
Tribal Court Personal Representative Legal Services RFP. Provide legal representation to personal representatives in tribal court probate proceedings
Oglala Sioux Tribe
Notice is hereby given that the OGLALA SIOUX TRIBE is accepting applications for the positions of:
Administrative Law Judge
Attorney General
Prosecutor (3 positions)
Chief Judge
Ethics Committee (4 positions) & Alternate (2 position)
General Manager – Casino
All positions open until filled. Please call Oglala Sioux Tribe Secretary, Donna Solomon at (605) 867-8468 for further information.
Native American Disability Law Center
Attorney, Farmington or Gallup, N.M. The Law Center provides legal services to Native Americans with disabilities living on or near the Navajo & Hopi reservations.
National Council of Urban Indian Health
Director of Governmental Affairs, Washington D.C. The person in this role should have experience with Capitol Hill, public health, government affairs, grants, and the legislative process as well as a work history with Native American issues and a strong work ethic. This opportunity would be best for someone who has congressional experience and a passion for the betterment of American Indian/Alaska Native healthcare.
Policy Associate, Washington D.C. The person in this role should have experience with Capitol Hill, public health, government affairs, and the federal legislative process as well as a work history with Native American issues and a strong work ethic.
Shoshone-Bannock Tribes
Assistant Prosecutor. This position is for attorneys or advocates with entry to mid-level experience. This position will mainly handle criminal cases, but will involve some juvenile, child support, and child protection matters. Pay is dependent upon experience. Indian and Veteran preference applies. Call or email with any questions. You must turn in an application and all supporting documents by 5:00 p.m. on 25 August 2017 to be eligible for this position. Incomplete applications may be screened out. Telephone calls are not accepted in place of an employment application.
Confederated Tribes of the Colville Reservation
Senior Staff Attorney, Office of the Reservation Attorney. Must have at least five (5) years but preferably ten (10) years of successful experience as a licensed attorney and provide evidence of expertise in issues related to Tribal Government and Policy, Water and/or Natural Resources Law, and/or Tribal Economic Development, and/or Employment Law. Open Until Filled with First Review August 18, 2017.
University of South Dakota School of Law
Tenure-Track Position in Trial Advocacy. Will teach two three-credit sections of the Trial Techniques class most semesters, and in addition, will be responsible for coaching the trial team program. The trial team has a high rate of student participation.
Kalispel Tribe of Indians
Paralegal, Airway Heights, W.A. Assists the assigned attorney with legal issues and concerns involving Tribal Legal Office activities.
Other positions posted recently:
Nez Perce Tribe – Public Defender, Chief Judge
Last Friday Jobs Announcement: 8/4/17
Nez Perce Tribe Seeks Public Defender
The Nez Perce Tribe Department of Law & Justice is recruiting for: PUBLIC DEFENDER HR-17-180 Applicant must provide evidence of a Juris Doctorate degree from an accredited college of law, and of active membership in good standing in a State Bar Association and be licensed to practice in Tribal Court. Applicant must have three (3) years documented successful litigation experience as a practicing criminal defense attorney or prosecutor, preferably in a tribal court. Requires verification of successful litigation experience by a letter of recommendation from the immediate supervisor, or by providing contact information from the immediate supervisor for a follow-up reference check. Applicant must demonstrate an understanding of Tribal, federal, and state law and multijurisdictional issues which often arise in litigation in Tribal Court. Excellent legal research and writing skills preferred. Please provide a legal writing sample with application, and resume. This is an exempt position with includes generous health insurance and other benefits. Salary based on record of successful litigation experience and demonstrated legal expertise. “Class description available at the NPT Human Resources Department.” The Nez Perce Tribe is a drug free work environment, pre-employment drug testing required. Requires a valid driver’s license with the ability to be insured under the Tribe’s policy. Must provide a current motor vehicle report (MVR) where you have been licensed to drive within the last three (3) years. Open until filled. (Grade 24)
Human Resources contact person is Robert Kipp at 208.843.7332, email address is robertk@nezperce.org.
Nez Perce Tribe Seeks Chief Judge
The Nez Perce Tribe Department of Law & Justice is recruiting for: CHIEF JUDGE HR-17-179 full-time regular. This position requires a wide range of legal, administrative, management and budgetary skills. The Chief Judge presides over the Tribal Court, and hears, or assigns to other Tribal Court Associate and Pro-Tem judges, all cases heard in the Tribal Court. The Chief Judge handles all phases of civil and criminal litigation, drafts orders, opinions, memoranda and other legal documents, and fulfills all other duties required of the Chief Judge to assure an effective and fair Tribal Court. In addition, the Chief Judge supervises Associate Judges, Court Administrator and Healing to Wellness Court Coordinator. Requires three (3) years’ experience as a judge, tribal court judicial experience preferred. More than five (5) years of tribal court Chief Judge experience and evidence of success in court administration, court staff supervision and court budget development is preferred. Applicants must demonstrate that they have a thorough knowledge of Indian law, the Nez Perce Tribal Code, and applicable federal law, including but not limited to the Tribal Law and Order Act and Violence Against Women Act. Must have a Juris Doctorate from an accredited law school and must be a member in good standing of a state bar. This is a four (4) year contract position with generous salary and benefits. “Class description available at the NPT Human Resources Department.” The Nez Perce Tribe is a drug free work environment, pre-employment drug testing required. Requires a valid driver’s license with the ability to be insured under the Tribe’s policy. Must provide a current motor vehicle report (MVR) where you have been licensed to drive within the last three (3) years. Open until filled. (Grade 28)
Human Resources contact person is Robert Kipp at 208. 843.7332, email address is robertk@nezperce.org.
Yawwinma Nez Perce Rapid River Traditional Cultural Property
From Dan Rey-Bear:
This historic and ongoing tribal fishing ground near Riggins, Idaho was just listed on the National Register of Historic Places, https://www.gpo.gov/fdsys/pkg/FR-2017-06-07/pdf/2017-11737.pdf. For background, see the draft nomination form.
From page 42 of the draft nomination:
“For some Nez Perce, Rapid River is the only place they get to fish.” Of course, tribal members continue to fish the Clearwater, the Columbia, the Lochsa, the Selway, the Imnaha, the Grand Ronde, the Snake, and their tributaries, but the proximity of Yáwwinma, the relatively small size of the river, and the comparatively large number of returning of hatchery fish each year make Rapid River arguably the most important salmon stream for noncommercial Nez Perce fishermen and their families who depend on it as a ceremonial and subsistence fishery. The river and the grounds of Rapid River House [one of the two lots included in the listing] now literally belong to the Nez Perce Tribe, but traditional Nez Perce people would say just the opposite: we belong to Yáwwinma.
Also, the other listed lot owned by the Tribe is called “Barter Town”. Per pages 43-44, “According to Nez Perce fishermen, this contemporary place name also makes a direct allusion to the place of the same name in the 1985 postapocalyptic film Mad Max Beyond the Thunder Dome starring Mel Gibson and Tina Turner. In addition to being a descriptive name, Barter Town is also a prime example of Nez Perce humor and the dynamic vitality of the Nez Perce oral tradition.”
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