Update in Tribal Litigation Involving Gold Coast Shellfish Company [U.S. v. Washington subproceeding 89-3-12]

Here are the materials in United States v. Washington subproceeding 89-3-12 (W.D. Wash.):

1 Skokomish Complaint

142 DCT Order

143 DCT Order — Permanent Injunction

150 Klallam Tribes’ Petition for Review

155 Squaxin and Nisqually Response

157 Gold Coast Response

158 State Response

164 DCT Order

Muckleshoot v. Tulalip U&A Cert Petition

Here is the cert petition in Muckleshoot Indian Tribe v. Tulalip Tribes:

Cert Petition

Question presented:

Whether the Ninth Circuit, in conflict with precedent of this Court and the D.C. Circuit, impermissibly narrowed a decades-old judicial decree so as to deprive Indian tribes of their ability to exercise treaty fishing rights.

Lower court materials here.

Update:

Brief in Opposition

Indian Civil Rights Complaint Against Wash. State School District

Here is the complaint in the matter of Youckton v. Mary M. Knight School District, et al., 17-cv-05939 (W.D. Wash.):

Doc. 1 – Complaint

A Nisqually tribal member who was beaten enough to have his jaw wired shut after his basketball game at the district’s high school is suing for failure to prevent the racially motivated attack.

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.

Hopland Band of Pomo Indians

Chief Judge. Responsible for all judicial work and will preside over three (3) active Tribal Courts for the Northern California Intertribal Court System.

Falmouth Institute

Instructors, Self-Determination and Self-Governance. Are you looking to share your knowledge and expand your reputation in Indian Country? Falmouth Institute, the premier provider of culturally relevant education and information services for North American Indian tribes and organizations, is seeking adjunct faculty to teach 2-day courses on Understanding the Indian Self-Determination Act: Contracting and Compacting under P.L. 93-638 and Self-Governance: The Future of Compacting for Tribes. If you have a passion for teaching and in-depth knowledge of the practical application of the Indian Self-Determination and Education Assistance Act,  including contractibility, declination, contract support cost negotiation, appeals and reporting requirements, write to basla.andolsun@falmouthinstitute.com to apply.

Maynes, Bradford, Shippe and Sheftel, LLP

Associate Attorney, Durango, C.O. The firm seeks an attorney with 2-5 years of experience to join our Indian law practice.  We offer an interesting and diverse practice, a competitive salary, and a collegial working environment.  Candidates with a Navajo bar license strongly preferred. Please email resume and writing sample to: ssingley@mbssllp.com

Kickapoo Traditional Tribe of Texas

Staff Attorney, Eagle Pass, T.X. Work with Native American individuals, families, organizations and Tribal governments in all areas of Federal Indian Law, including but not limited to, advising on issues involving jurisdiction, estate planning, trust assets, tribal governance, employment, and the Indian Child Welfare Act. May represent clients in court or before quasi-judicial or administrative agencies of government.

Nisqually Indian Tribe

General Tribal Attorney, Olympia, W.A. Assist and advise the Nisqually Tribal Council, Legal Department Director, and tribal departments in the legal matters related to the management, affairs, and interests of the Tribe. Closes Sunday, October 15, 2017.

Department of Justice, U.S. Attorneys Office

Assistant U.S. Attorney(2), Pheonix, A.Z. AUSAs have the opportunity to represent the interests of the United States of America in the United States District Court of Arizona and the United States Court of Appeals for the Ninth Circuit, in performing this important public service, to exercise responsibility that is unparalleled in any other job that a litigator might undertake. AUSAs immediately undertake cases, many high profile, in any of several units within each division.  Responsibilities will increase and assignments will become more complex as your training and experience progress. Closes 10/06/17.

Pascua Yaqui Tribe

Appellate Judge(2), Tuscon, A.Z. Appellate Justices are contractors and not tribal employees. The work is dependent upon the number of matters appealed from the trial court, and is not equivalent to full-time (40 hours per week). The Appellate Court convenes when necessary to hear oral arguments and issue opinions.

Other jobs posted this week:

RFP For CR Trainer/Consultant, Grand Traverse Band of Ottawa and Chippewa (9/27/17).

Previous Friday Job Announcements9/22/17

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.

University of California at San Fransisco

Associate Director, Office for the Prevention of Harassment and Discrimination. Represents UCSF on behalf of the OPHD Director and serves on various UC and UCSF committees. The Associate Director ensures that UCSF faculty and staff employment policies and procedures comply with all relevant federal, state, and University equal opportunity/affirmative action requirements.

Fond du Lac Band of Lake Superior Chippewa

Staff Attorney, Cloquet, M.N. Provides general legal services to the Band. The Staff Attorney’s responsibilities include contract drafting, litigation, working with administrative agencies, preparing tribal ordinances, and other duties assigned by the Tribal Attorney.  To apply, please submit an application(PDF), resume, and any other supporting documentation to: Fond du Lac Human Resources, 1720 Big Lake Road, Cloquet, MN 55720.

Nisqually Indian Tribe

General Tribal Attorney, Olympia, W.A. Assists and advises the Nisqually Tribal Council, Legal Department Director, and tribal departments in the legal matters related to the management, affairs, and interests of the Tribe. Closes Saturday, October 15, 2017.

Flandreau Santee Sioux Tribe

Human Resources Director, Flandreau S.D. responsible for strategically managing and leading the Human Resources and employees benefit functions of the Tribe, the Tribe’s Health Clinic, and all Tribal Businesses except the Royal River Casino and Hotel. The Director plans and implements Human Resource and employee benefit policies, and updates them periodically. Director ensures that all organizational personnel actions are carried out properly, strictly adhering to tribal and federal laws, and ethical standards. The position also ensures that employee benefits are actively managed and compliant. Applications due Friday, October 6, 2017.

Powers Pyles Sutter & Verville PC

Government Relations Manager, Native American/Tribal Government Practice Group, Washington D.C. Supports Native American advocacy and policy efforts by helping clients design and implement strategies to achieve their social, business and economic goals within a complex legal regulatory framework. A key component of the role is direct lobbying and advocacy. The Manager will advocate on behalf of client interests, monitor and research legislative and regulatory policy developments, draft analyses, prepare correspondences and other documents, as well as facilitate logistics for briefings, agency, and Capitol Hill visits. Qualified candidates will have 3-5 years of relevant regulatory and legislative experience to include at least 2 years of direct lobbying experience. The manager must possess strong analytical, research, and writing skills. A bachelor’s degree is preferred. For consideration, submit a cover letter, resume and writing sample (3-8 pages in length) to Recruiting@PowersLaw.com. In the subject of your correspondence, note “Tribal Relations Manager.” EOE. No search firm submissions, please.

Powers Pyles Sutter & Verville is a law and government relations firm located in Washington, DC, with a national practice focused in four main areas: health law, education law, tribal law, and the law of tax-exempt organizations. Our professionals have served in senior positions in Congress, the White House, the Department of Health and Human Services, presidential commissions and advisory boards, corporate positions, and the private practice of law. The firm remains philosophically committed to the initial vision of remaining mid-sized and independent.

Procopio, Cory, Hargreaves & Savitch, LLP

Summer 2018 Native American Law Internship(2), San Diego, C.A. gain hands-on experience dealing with everyday legal issues facing Native American communities. Interns are involved in matters that deal with specific Indian law-related legal practice matters and other legal problems facing tribal governments and Native entities. Procopio Interns reach out to local Native American youth to provide guidance and inspiration regarding educational direction and opportunities. Applications are due Tuesday, October 31st by 5 p.m. PST.

United States Attorneys Office, District of New Mexico

AUSA (Indian Crimes), Albuquerque, N.M. The attorney selected will be working in the Indian Crimes Section in Albuquerque, New Mexico and will handle prosecutions of a wide variety of federal offenses. Applicants must demonstrate a quick analytical ability and the facility to accurately and precisely articulate the critical issues in a case. Applicants must demonstrate superior oral and writing skills as well as strong research and interpersonal skills, and good judgment. Applicants must possess excellent communication and courtroom skills and exhibit the ability to work in a supportive and professional manner with other attorneys, support staff and client agencies. Applicants must have a demonstrated capacity to function, with minimal guidance, in a highly demanding environment. Applicants will be expected to do their own legal research and writing and will be substantially self-sufficient in preparing day-to-day correspondence and pleadings. Applicants must also demonstrate excellent computer literacy skills to include experience with automated research on the Internet, electronic court filing, and electronic e-mail and word processing systems. Responsibilities will increase and assignments will become more complex as your training and experience progress. Application Deadline: October 4, 2017.

AUSA (Criminal), Las Cruces, N.M. The attorney selected will be working in the Las Cruces Branch office and will handle prosecutions of a wide variety of federal offenses. Application Deadline: October 4, 2017.

AUSA (Organized Crime/Drug Enforcement), Albuquerque, N.M. The attorney selected will be working in the Organized Crime Drug Enforcement Task Force Section. The attorney selected will handle prosecutions of a wide variety of federal offenses, with an emphasis on the prosecution of narcotics crimes. Prosecutions of narcotics offenses include enforcement of Title 21 and cases involving organizations responsible for the trafficking of heroin, marijuana, cocaine, methamphetamine and other controlled substances. Application Deadline: October 4, 2017.

United States Attorneys Office, District of Colorado

AUSA (Appellate), Denver, C.O. Represent the United States in criminal and civil cases before the United States Court of Appeals for the Tenth Circuit. He or she also will handle district court actions filed by federal prisoners under 28 U.S.C. § 2255. Additionally, the AUSA will be required to provide support to lawyers in the Criminal and Civil Divisions. Responsibilities will increase and assignments will become more complex as your training and experience progress. Closes October 3, 2017.

United States Attorneys Office, District of Arizona

AUSA(3), Tuscon, A.Z. Represent the interests of the United States of America in the United States District Court of Arizona and the United States Court of Appeals for the Ninth Circuit, in performing this important public service, to exercise responsibility that is unparalleled in ay other job that a litigator might undertake. AUSAs immediately undertake cases, many high profile, in any of several units within each division. Closes October 4, 2017.

Other jobs posted this week:

RFP for Guardian ad Litems, Grand Traverse Band of Ottawa and Chippewa (9/20/17).

Previous Friday Job Announcements: 9/15/17

W.D. Washington Grants Summary Judgment to Squaxin Island

Download orders and documents in the matter of USA, et al v. State of Washington, et al:

Doc. 21234 – Squaxin Island Tribe’s Motion for Summary Judgment

Doc. 21235 – Nisqually Indian Tribe’s Cross-Motion for Summary Judgment

Doc. 21324 – Order Denying Nisqually’s Motion For Summary Judgment And Granting Squaxin’s Motion For Summary Judgment

 

Nisqually Tribe Addresses Climate Change Impacts on Nisqually River

From the NYTimes (link to article here).

Here’s an excerpt:

For 10,000 years the Nisqually Indians have relied on chinook salmon for their very existence, but soon those roles are expected to reverse.

Based on current warming trends, climate scientists anticipate that in the next 100 years the Nisqually River will become shallower and much warmer. Annual snowpack will decline on average by half. The glacier that feeds the river, already shrunken considerably, will continue to recede.

Play the scene forward and picture a natural system run amok as retreating ice loosens rock that will clog the river, worsening flooding in winter, and a decline in snow and ice drastically diminishes the summer runoff that helps keep the river under a salmon-friendly 60 degrees.

To prepare for these and other potentially devastating changes, an unusual coalition of tribal government leaders, private partners and federal and local agencies is working to help the watershed and its inhabitants adapt. The coalition is reserving land farther in from wetlands so that when the sea rises, the marsh will have room to move as well; it is promoting hundreds of rain gardens to absorb artificially warmed runoff from paved spaces and keep it away from the river; and it is installing logjams intended to cause the river to hollow out its own bottom and create cooler pools for fish.

Suquamish Tribe Files Cert Petition in U.S. v. Washington Dispute

Here is the petition in Suquamish Tribe v. Upper Skagit Tribe: Suquamish Cert Petition.

Here is the question presented:

Whether a court implementing an unambiguous court order is bound to apply that order according to its plain terms, or whether the court should instead determine whether the judge who initially issued the order “intended something other than its apparent meaning,” as the Ninth Circuit held in this case.

Lower court materials here.

Washington Court Reverses Conviction of Non-Indian Who Fished Under Tribal Law

Interesting case. Here is the opinion in State of Washington v. Guidry, a split court (2-1). Here are links to the briefs:

An excerpt:

Larry Guidry appeals his convictions for first degree fish dealing without a license, first degree fish trafficking without a license, four counts of participation of a non-Indian in an Indian fishery for commercial purposes, and four counts of first degree commercial fishing without a license. He argues that the trial court should have dismissed the charges against him because he lawfully fished under the Nisqually Tribal Code. He also argues that insufficient evidence supports his convictions for fish dealing and fish trafficking and that the trial court erred in imposing restitution. We reverse his convictions, vacate the restitution order, and remand.

Frank’s Landing Tobacco Sales Lawsuit Materials

Indianz coverage is here. Here are the materials. Once again, let it be known that Rule 19 is my favorite(!):

nisqually-v-gregoire-complaint

nisqually-motion-for-preliminary-injunction

gregoire-motion-to-dismiss

squaxin-island-motion-to-dismiss

franks-landing-motion-to-dismiss

nisqually-opposition-to-motion-to-dismiss

nisqually-v-gregoire-dct-order