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.):

1 Complaint

15 Motion for Preliminary Injunction

30 Amended Complaint

32 Opposition

37 Proposed Findings of Fact and Conclusions of Law and Proposed Form of Injunctive Relief

40 Reply

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)

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:

University of Montana Alexander Blewett III School of Law – Natural Resources/Environmental law professor (8/16/17)

Prairie Island Indian Community – RFPs for Appellate Judge, Election Legal Services, and Associate Judge (8/14/17)

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.”

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.

Nez Perce Tribe

Public Defender, must be admitted to at least one state bar, be able to handle his or her own caseload, and be able to supervise a small staff, salary is $60,000/year with generous benefits and a low cost of living. Resumes and writing samples may be sent to Danielp@nezperce.org.

Deputy Public Defender, must be admitted to at least one state bar and be able to handle his or her own caseload, salary is $55,000/year with generous benefits and a low cost of living. Resumes and writing samples may be sent to Danielp@nezperce.org.

Yakama Nation

Assistant Tribal Prosecutor: Yakama Nation Human Resources will be accepting applications for the position through December 6, 2016.

Port Gamble S’Klallam Tribe

Contract Attorney, Child Support Program, Tribal Court. The time commitment will be 15-20 hours per month.

Navajo Nation Washington Office

Government and Legislative Affairs Associate, closes 11/21/2016.

Navajo Nation Office of the Prosecutor

Attorney, Full time, Pay rate $65,249.60, Open until filled – Kayenta AZ
Attorney, Full time, Pay rate $65,249.60, Open until filled – Window Rock, AZ
Prosecutor, Full time, Pay rate $44,054.40, Open Until filled – Dilkon, AZ
Prosecutor, Full time, Pay rate $44,054.40, Open Until filled – Chinle, AZ
Prosecutor, Full time, Pay rate $44,054.40, Open Until filled – Shiprock, NM
Juvenile Presenting Officer, Pay rate $40,414.40, Open until filled – Kayenta, AZ
Juvenile Presenting Officer, Pay rate $40,414.40, Open until filled – Shiprock, NM

Links: Job vacancy announcements,  Navajo Nation employee application

Email applications to: apply@dpm.navajo-nsn.gov or fax to (928) 871-6976. Please CC gertrudelee@navajo-nsn.gov and jaimehigh@navajo-nsn.gov.  Call 928-871-6622 for more information.

AmeriCorps VISTA

Volunteer, NativeLove and National Indigenous Women’s Resource Center are hiring for a paid AmeriCorps VISTA Volunteer for next year located at main office in Lame Deer, Montana!  Great for recent college graduate. The VISTA member role is to build capacity of NIWRC by aiding in the development of educational resources for engaging local Native youth and youth organizations to create healthy dating and family strategies. Deadline is November 28th.

Staff Attorney Position with Nez Perce Tribe

STAFF ATTORNEY with relevant experience with land, water rights, and personnel matters, preferably on behalf of Indian tribes or other governments.  The Office of Legal Counsel provides the full range of legal services to the Nez Perce Tribe (Tribe), in Lapwai, ID, and consists of 5 attorneys.  The ideal candidate will be comfortable handling litigation, transactional negotiations, project management, and strategic planning; be a team player, have sound judgement, accompanied by excellent research, writing and communications skills;  have the ability to analyze complex factual, legal, and policy issues; delve deeply into any area of law; and to respond to the wide array of legal issues that require prompt and accurate analysis on a day-to-day basis.  The Tribe offers an attractive compensation package, including medical and life insurance, 401(k) contribution, and a generous leave policy.

REQUIRED: JD degree, state bar member, 1 year legal practice, Idaho State Bar admission within 1 year of hire, valid driver’s license, insurable under the Tribe’s policy, provide 3 year motor vehicle report, pre-employment drug test.

A complete application includes: NPT application/resume: STAFF ATTORNEY HR-16-173, P.O. Box 365, Lapwai, ID 83540, by 4:30 pm., 8/19/16  (208) 843-7332  Tribal, Indian, Veteran preference applies. INCOMPLETE APPLICATION PACKETS WILL NOT BE CONSIDERED.  http://www.nezperce.org

Oregon CoA Affirms Illegal Hunting Conviction for Nez Perce Member

Download decision here.

By using State v. Buchanon, 978 P.2d 1070 (Wash. 1999), the Oregon courts held that treaty hunting can only happen on traditional hunting grounds.  The bighorn sheep were taken on land south of the Powder River, which state witnesses testified was the Nez Perce Tribe’s southern border due to historical conflicts with the Northern Paiutes.

Defendant was charged in November 2008 after bringing the sheep to the Oregon Department of Fish and Wildlife for tagging so they could be stuffed.

The case is State v. James Bronson, Jr., 586 P.3d 154 (Ore. Ct. of App. 2016).

 

Nez Perce Tribe Seeks Chief Judge

Nez Perce Tribe seeks applicants for CHIEF JUDGE HR-15-122.  This 4-yr. contract position requires a wide range of legal and administrative skills, handling all phases of civil and criminal litigation, drafting orders, opinions, etc., and assuring effective operation of the Tribal Court.  Requires 3 yrs. experience as a judge, tribal court judicial experience preferred.  Requires thorough knowledge of Indian law, a Juris Doctorate from an accredited law school and membership in good standing in any state bar.  A complete application includes a NPT application including current resume and contact information for 4 work-related references including 2 judges.  Application form and information and full position announcement is at www.nezpercetribe.org. or contact Robert Kipp at 208-843-7332. Tribal preference applies.  Open until filled.