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

City Of Pocatello Prohibits Business with Shoshone-Bannock Tribes

As tweeted by Native News Online with link to article:

Excerpt:

The City’s contract provisions expressly state the company renting land from the City at the airport shall “not enter into any written agreement with the Tribes” without the City’s approval.  Further, the agreement provides if the City’s tenant receives communications from the Tribes, the tenant must “immediately provide” the City “with a copy of any written correspondence or material” received from the Tribes.

ICWA Case out of Idaho Supreme Court

Here.

In this case, the trial court ordered the Shoshone-Bannock Tribes to pay half of the cost of the child’s attorneys fees, sanctioned the Tribes for not turning over membership information in response to the adoptive couple’s motion to compel, barred the Tribes from presenting information on the child’s status as an Indian child, barred the Tribes from enrolling the child, and granted attorney’s fees request from the adoptive couple.

In 2015.

On August 12, 2015, the trial court granted the Does $863 in costs and $35,000 in attorney fees against the Tribes, and further granted Child’s counsel $6,056.25 in fees against the Tribes. The Tribes initially challenged the lower court’s discovery and sanction rulings, as well as its ultimate grant of petition for adoption and attorney fees. The Does cross-appealed, challenging the Tribes’ intervention in the matter. The Tribes have since dropped their challenge to the adoption and the Does correspondingly dropped their challenge to the Tribes’ intervention. What remains now is the Tribes’ assertion that the lower court’s discovery rulings, injunction, sanctions, grant of fees, and failure to find Child an Indian child were in error. The Does request attorney fees on appeal pursuant to Idaho Appellate Rule 11.2(a) and Idaho Code section 12–121.

All of these were ultimately overturned by the Idaho Supreme Court in the decision.

Ninth Circuit Briefs in State of Idaho v. Coeur d’Alene Tribe

Here:

Coeur d’Alene Tribe Opening Brief

Shoshone-Bannock Tribes Amicus Brief

State Brief

Tribe Reply

Oral argument audio, video.

Lower court materials here, here, here, and here.

Stay Pending Appeal Denied in Coeur d’Alene Gaming Dispute

Here are the new materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

42-1 Motion to Stay Pending Appeal

48 Response

50 Reply

57 DCT Order

Prior posts here, here, and here.

Federal Court Enjoins Texas Hold ‘Em Poker at Coeur d’Alene Tribe

Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

33 Tribe Reply

35 DCT Order Staying Proceedings

40 DCT Order

An excerpt:

The Court has before it Defendant Coeur d’Alene Tribe’s Motion to Dismiss (Dkt. 15) and Plaintiff the State of Idaho’s Motion for a Temporary Restraining Order and for a Preliminary Injunction (Dkts. 3, 4). The Court previously stayed this lawsuit based on the Tribe’s argument that the parties had agreed to arbitrate this dispute. See June 23, 2014 Order, Dkt. 35. Afterward, the Tribe changed its mind and decided it would prefer to litigate. The Court will therefore address the pending motions. For the reasons expressed below, the Court will deny the Tribe’s motion to dismiss and grant the State’s motion for injunctive relief.

Prior materials here. H/t Pechanga.

Federal Court Sends Coeur d’Alene Tribe Poker Dispute to Arbitration

Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

33 Coeur d’Alene Tribe Reply

35 DCT Order

Prior briefs here.

Materials (So Far) in Idaho v. Coeur d’Alene Texas Hold ‘Em Poker Dispute

Here are the materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

3-1 Idaho Motion for TRO

15-1 Coeur d’Alene Tribe Motion to Dismiss

16 Coeur d’Alene Opposition to Motion for TRO

20 Shoshone-Bannock Motion to File Amicus Brief

25 Idaho Reply

28 DCT Order Granting Motion to File Amicus Brief

 

Ninth Circuit Holds Shoshone-Bannock Land Use Office/Court Has No Jurisdiction over Nonmember on Nonmember Lands

Here is the opinion in Evans v. Shoshone-Bannock Land Use Policy Commission. The court’s syllabus:

Reversing in the district court’s denial of a motion for preliminary injunction and dismissal of an action seeking to enjoin tribal court proceedings, the panel held that the Shoshone-Bannock Tribes lacked the power to regulate the land use of the plaintiff, a nonmember who owned land in fee simple within the Fort Hall Reservation.

The panel held that the plaintiff was not required to exhaust tribal remedies before bringing suit in federal court because the tribal court plainly lacked jurisdiction. The panel held that because the plaintiff was an owner of non-Indian fee land, the Tribes’ efforts to regulate him were presumptively invalid under Montana v. United States, 450 U.S. 544 (1981), and an exception for the regulation of nonmember activity that directly affects a tribe’s political integrity, economic security, health, or welfare did not apply. The panel  reversed the judgment of the district court and remanded the case for further proceedings.

Briefs and lower court materials are here.