Maryland Federal Court Dismisses RICO Action against MHA Nation Officials

Here are the materials in Manago v. Cane Bay Partners VI LLLP (D. Md.):

90 Motion to Dismiss — Personal Jurisdiction

90-1 Memorandum

91 Motion to Dismiss — 12b6

91-1 Memorandum

99 Response to 91

100 Response to 90

103 Reply in Support of 90

104 Reply in Support of 91

106-1 LCO Complaint

111 DCT Order

Former MHA Nation chairs . . . .

Prisoner Suit against Salt River Corrections Dismissed

Here are the materials in Loring v. Daly (D. Ariz.):

1 Complaint

31 Tribe Motion to Dismiss

39 Response

40 Reply

45 DCT Order

Arizona Administrative Appeals Board Finds Tax Immunity for Indian-Owned Business at Salt River

Here is the opinion in On-Auk-More Trade Center LLC and State of Arizona E S A Tax Unit:

2020-05-20 – OAMTC Opinion3224

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.

Salt River Pima-Maricopa Indian Community

Tribal Court Solicitor. Provides legal review and advice to SRPMIC Court. Through legal expertise with Tribal laws, provides research for the Court, working to resolve legal issues as they arise. Ensures that applicable laws are followed so that tribal sovereignty is protect and enhanced. This position may be expected to work evenings and weekends as needed and is not subject to standard work schedule. The position will close on 9/16/2017.

Colorado River Indian Tribes

Deputy Attorney General (Civil) UPDATED 1/19/18. Provides legal representation to the Colorado River Indian Tribes, its Tribal Council, departments, and enterprises. The Office is a diverse and dynamic working environment.

Native American Disability Law Center

Attorney, Farmington or Gallup, N.M. Represents Native American children in state custody under the Indian Child Welfare Act. Also represents clients in administrative hearings, and tribal, state and federal court actions – with a focus on systemic change. Additionally, Attorneys work with tribal governments on legislation & policies effecting individuals with disabilities.

Pascua Yaqui Tribe

Assistant Attorney General. Tasked to provide non-partisan legal advice and act as in-house counsel for Tribal Council.  The Office of the Attorney General provides support to Tribal Council, Department Directors, Oversight Committees, and any other entities that Tribal Council shall authorize. For more information please contact Cecilia Damron or Ruben Valenzuela at (520) 883-5040.

Last Friday Job Announcement: 8/25/17

Salt River Pima Maricopa Indian Community Assistant General Counsel

Assistant General Counsel (Government)

Salary: $118,122.00 – $174,233.00 Annually

OPENING DATE: 11/09/15

CLOSING DATE: 12/08/15 11:59 PM

Application instructions: To apply or view full job description go to www.srpmic-nsn.gov/employment<http://www.srpmic-nsn.gov/employment> *Resumes alone will not be accepted. Apply before closing date 12/08/2015

DEFINITION:

This position will primarily provide legal advice to the Community’s Treasury Department and the Community’s Risk Management and Benefit Committees.  Primary consideration will be given to applicants who have experience in tribal taxation, employee benefit plans, self-funded insurance plans, and risk management. Applicants must have experience and knowledge of the IRS Code, ACA, ERISA, and other relevant federal, state, and tribal laws.

Under general supervision of the General Counsel, provides legal review and advice to the Salt River Pima-Maricopa Indian Community (SRPMIC or Community) government. Ensures that applicable laws are followed so that tribal sovereignty is protected and enhanced.  Provides assistance to avoid or prevent expensive legal disputes and litigation and protects the Community’s legal interests. This job class is treated as FLSA Exempt.

EXAMPLES OF TASKS:

Essential Functions: Essential functions, may vary among positions, but may include the following tasks, knowledge, skills, abilities, and other characteristics.This list of tasks ILLUSTRATIVE ONLY and is not intended to be a comprehensive listing of tasks performed by all positions in this classification.

Tasks:

  1. Reviews documents and provides legal advice to protect SRPMIC interests; may be assigned as counsel for civil litigation involving the Community and its departments. Advises supervisor, Community departments, divisions and enterprises and the Community Council. Reviews law, rules, regulations, contracts, intergovernmental agreements, grant documents and related legal documents.
  1. Provides legal guidance on personnel, program and other related issues to various departments of the SRPMIC. Drafts legal documents, ordinances and policies. May provide functional, project specific supervision to support staff.
  1. Works with a broad range of clients such as Council members, government employees, boards, and committees and other officials, many of whom are Community members. Interacts with Community members and the public on a day-to-day basis.
  1. Represents SRPMIC at internal, external or intergovernmental meetings related to the various interests of the Community. Attendances at after-hour meetings may be required.
  1. Conducts legal research and provides advice related to Community interests, tribal sovereignty, tribal jurisdiction, taxation, membership, health and human resources, law enforcement, human resources/personnel matters, civil litigation, commercial transactions, business law and/or other areas.
  1. Assists in the preparation of legal and technical correspondence for the President, Vice President, Community Manager, and General Counsel.
  1. Keeps informed of federal law, regulations, administrative and court decisions in Indian law and interacts with other tribal, federal, state or local agencies on behalf of the Community.
  1. May supervise non-attorneys, law clerks, interns, and/or externs.
  1. Performs other job related duties that enhance and/or facilitate department operations.

Knowledge, Skills, Abilities and Other Characteristics:

*   Knowledge of the history, culture, laws, rules, customs and traditions of the Salt River Pima-Maricopa Indian Community.

*   Knowledge of Federal Indian law.

*   Knowledge of case law appropriate to the issues and cases assigned.

*   Knowledge of legal research methods, legal research software, and use of data bases.

*   Skill in interpreting and applying statues, ordinances and other laws.

*   Skill in interpreting and applying rules, regulations, and policies.

*   Skill in establishing and maintaining effective working relationships with SRPMIC Administration,  Community Council members, Community members officials  and appropriate outside entities.

*   Skill in communicating and instructing others, using both technical and non-technical language as appropriate to provide legal counsel and explanation to those for whom the subject matter is unfamiliar and/or difficult to understand.

*   Ability to get along well and cooperate with others.

*   Ability to communicate orally and in writing with administrative staff, community member officials, outside entities and co-workers.

*   Ability to perform legal research.

*   Ability to analyze difficult and complex legal issues and apply legal principles.

*   Ability to adapt to changing work situations and assignments.

*   Ability to exercise resourcefulness in addressing new problems.

*   Ability to present statements of fact, law and argument clearly and logically, in both written and oral form.

*   Ability to produce written documents with clearly organized thoughts, using proper sentence construction, punctuation and grammar.

*   Ability to set priorities and be organized in order to meet deadlines.

*   Ability to analyze and aid in drafting and commenting on proposed legislation.

*   Ability to appear as counsel of record in litigation or other adjudicatory proceedings.

MINIMUM QUALIFICATIONS:

Qualifications:

Education and Experience: Graduation from an American Bar Associated accredited college or university with a Law Degree (Juris Doctor) and at least three (3) years of experience as a licensed attorney representing Native American tribes in legal affairs. Experience that has provided knowledge of social, political, and legal framework of tribal governments is essential.

Equivalency: Any equivalent combination of experience and education that will allow the applicant to satisfactorily perform the duties of the job may be considered when filling this position.

SPECIAL REQUIREMENTS:

Special Requirements: Must be a member in good standing with a state bar association or if currently not a member of the Arizona Bar must take and pass the Arizona Bar Exam and be admitted to the Arizona Bar within one (1) year from the date of hire. In addition, candidates must have the ability to practice in Federal District Court if required. Must attend a minimum of 15 hours annual continuing legal education as related to job and approved by supervisor.

Important Notes

Prior to hire as an employee, applicants will be subject to drug and alcohol testing. Will be required to pass a pre-employment background/fingerprint check. Employees are subject to random and alcohol testing. “SRPMIC is an Equal Opportunity/Affirmative Action Employer” Preference will be given to a qualified Community Member, then a qualified Native American and then other qualified candidate.

Application instructions: To apply or view full job description go to www.srpmic-nsn.gov/employment<http://www.srpmic-nsn.gov/employment> *Resumes alone will not be accepted. Apply before closing date 12/08/2015

Salt River Pima-Maricopa Indian Community Seeks Licensed Appellate Judge

SALARY: $103,491.00 – $150,061.00 Annually
OPENING DATE: 07/09/15
CLOSING DATE: 08/07/15 11:59 PM
DEFINITION:
Position Summary: Under the administrative direction of the Chief Judge, presides over criminal, civil and juvenile cases as assigned. Responsible for fair and impartial administration of justice pursuant to the judicial powers granted by the Salt River Pima-Maricopa Indian Community (SRPMIC) and  in ensuring SRPMIC adherence to applicable Federal, Tribal and other relevant laws and ordinances.The Licensed Associate Judge is appointed by the Council. This job class is treated as FLSA Exempt.
EXAMPLES OF TASKS:
Distinguishing Features: The Licensed Associate Judge is an integral member of the judicial system and as such serves to ensure the fair and impartial administration of justice.  The Licensed Associate Judge must thoroughly understand the legal system, administration of justice, interpersonal relationships, and dispute resolution as well as appropriate decision making techniques, public safety, and governmental methods of reporting.  Responsible for complex and sensitive legal decisions and judicial rulings on criminal and civil cases as assigned.  The Licensed Associate Judge’s work is reviewed by the Chief Judge through an annual performance review, reports, conferences and meetings.  Judicial conduct is governed by Section 4-25 of the SRPMIC Code of ordinances and the SRPMIC Court Rules of Professional Conduct, Sec 2, Judicial Rules of Professional Conduct.

Essential FunctionsEssential functions may vary among positions and may include the following tasks, knowledge, skills, abilities, and other characteristics.  This list of tasks is ILLUSTRATIVE ONLY and is not intended to be a comprehensive listing of tasks performed by all positions in this classification.

Tasks:

1.Manages and oversees criminal, civil and juvenile cases as assigned by the Chief Judge.    Facilitates and ensures all applicable rules of evidence and other judicial requirements are followed by parties that are in court.

2.If the Tribal Law and Order Act (TLOA) is adopted by the Community, the Licensed Associated Judge would adjudicate TLOA cases.

3.If the Commercial Court is implemented, the Licensed Associate Judge would adjudicate complex commercial transactions that would be pending before the Commercial Court.

4.Assists in the development of court rules of procedure, court policies,and goals and objective to improve operation efficiencies.   At the direction of the Chief Judge,may be asked to assume the duties of the Chief Judge in an “Acting” capacity during the absence of the elected Chief Judge.

5.Manages and maintains regular court case load of non-TLOA cases and fills in as necessary to help avoid court proceeding delays or backlog in court cases.

6.Determines trial procedures and conducts trials, examines evidence, determines validity of allegations, rules on admissibility of evidence, and prepares and issues rulings.

7.Researches legal issues and prepares appropriate legal memoranda, interprets applicable SRPMIC, other tribal jurisdictions, city, state and federal laws and regulations.

8.Drafts and issues court orders and opinions.

9.Directs the preparation and maintenance of records and dockets of actions and courts proceedings in accordance with accepted standards of court procedures.

10.Conducts arraignments, advisement of rights, and sets appearance dates.

11.Presides in jury trials and assists with jury management.  Gives jury instructions on application of facts to law.

12.Executes and issues court processes including, but not limited to, writs, judgments, decrees, arrest warrants, search warrants, subpoenas, summons, long form complaints and civil injunctions.

13.Drafts and issues orders compelling attendance at court proceedings.

14.Determines plea, motion and sentencing issues and authorizes collection procedures.

15.Decides restitution awards, revocation of probation status and bond forfeitures.

16.Sentences defendants in criminal cases in accordance with applicable laws.

17.Sits on appellate panels, if appropriate.

18.Assists in the development and implementation of plans, goals and objectives to ensure the effective and efficient administration of justice.

19.Coordinates with other tribes, federal, state, county and city authorities on court-related and juvenile matters.

20.Attends ongoing training as required by the SRPMIC and pursuant to Chapter 4, Art. 2, 4-22 of the SRPMIC Code of Ordinances.

21.Performs other job related duties as assigned by the Chief Judge to maintain and enhance judicial operations.

Knowledge, Skills, Abilities and Other Characteristics:

  • Knowledge of the SRPMIC ordinances, laws, rules, customs and traditions.
  • Knowledge of State, Federal, and Tribal statutes, codes, and ordinances.
  • Knowledge of general law, court procedures, and rules of evidence.
  • Knowledge of principles of civil and criminal law and appeals problems and procedures and methods of legal research.
  • Knowledge of principles and practices of judicial administration, program planning and development, employee supervision and training.
  • Knowledge of court operations, principles, and practices.
  • Knowledge of the history and culture of the SRPMIC.
  • Skill in oral and written communications to conduct court proceedings and elicit pertinent information from all parties.
  • Skill in establishing and maintaining effective working relationships with other judicial entities, regulatory agencies, staff, government officials, SRPMIC members and the general public.
  • Skill in understanding and interpreting complex statutes, ordinances, laws, acts, regulations and standards.
  • Skill in understanding and applying complex policies, procedures, rules, regulations and guidelines.
  • Skill in determining alternative approaches to problem solving.
  • Ability to hear and decide cases and perform judicial duties in a fair and impartial manner while upholding the integrity and independence of the judiciary.
  • Ability to research, interpret, analyze and apply legal principles to pending cases.
  • Ability to regulate extra-judicial activities to minimize the risk of neglecting or creating a conflict with judicial duties.
  • Ability to effectively communicate, both orally and in writing, with other members of the judiciary, other governmental entities, parties before the Court, and the general public.
MINIMUM QUALIFICATIONS:
Qualifications:

Education & Experience:  The applicant shall meet all the qualifications as set for in Chapter 4, Article 2, 4-22 (D) of the SRPMIC Code of Ordinances as amended.  Such qualifications include:

1.Being thirty (30) years of age or older;

2. Must have graduated from an accredited law school with a Juris Doctorate;

3.Must be a member for at least three (3) years and in good standing with a state bar association;

4.Of good moral character and any assessment of moral character shall be consistent with the customs and traditions of the Akimel O’odham and Xalychidom Piiipaash peoples;

5.Has never been removed for good cause as a judge in jurisdiction;

6.Has never been convicted of a felony in any jurisdiction and has not been convicted of a misdemeanor (not including violations that are generally considered civil  traffic violations) within the past 5 years; and

7.Preference will be given to enrolled members of the Community, the Gila River Indian Community, the Ak-Chin Indian Community and the Tohono O’odham Nation.

8.Serving a one (1) year probationary period;

9.Having never been removed for good cause from a judge position in any jurisdiction;

10.Being subject to SRPMIC administrative policies regarding employees except when such policies are inconsistent with the status and duties of a judge including, but not limited to, employee grievance, recruitment and selection, and underfill policies.  Notwithstanding the administrative policies, Section 4-25 of the SRPMIC Code of ordinance shall apply to all removal or suspension of judges;

11.Being subject to the SRPMIC Court Rules of Professional Conduct, Section 2 Judicial Rules of Professional conduct and as these rules may be amended.

SPECIAL REQUIREMENTS:
Prior to hire as an employee, applicants will be subject to drug and alcohol testing. Will be required to pass a pre-employment background/fingerprint check. Employees are subject to random drug and alcohol testing.

“SRPMIC is an Equal Opportunity/Affirmative Action Employer” Preference will be given to a qualified Community Member, then a qualified Native American and then other qualified candidate.

In order to obtain consideration for Community member/Native American preference, applicant must submit a copy of Tribal Enrollment card or CIB which indicates enrollment in a Federally Recognized Native American Tribe by one of the following methods:

1) attach to application

2)  fax (480) 362-5860

3) mail or hand deliver to Human Resources.

Documentation must be received by position closing date.
The IHS/BIA Form-4432 is not accepted.
Your Tribal ID/CIB must be submitted to HR-Recruitment-Two Waters.

APPLICATIONS MAY BE FILED ONLINE AT:
http://www.srpmic-nsn.gov/employment

OUR OFFICE IS LOCATED AT:
10005 E Osborn Road
Scottsdale, AZ 85256
480-362-7925
480-362-7925
hrrecruitment@srpmic-nsn.gov

Preference will be given to a qualified Community Member, then a qualified Native American and then other qualified candidate.

Job #100709-150709
LICENSED ASSOCIATE JUDGE
SP

WaPo Story on Native Youth Suicide

Here. An important read.