Stockbridge-Munsee Successfully Amends WI Reciprocity Rules for Tribal Attorneys

Links: Supreme Court of Wisconsin Order(PDF), Wisconsin State Bar News


Last week, the Wisconsin Supreme Court ordered an amendment to Supreme Court Rule (SCR) 40.05, allowing legal services (or service as a judge) for federally recognized Indian tribes to count for purposes of admission by proof of practice.

Previously, the rule said lawyers could obtain reciprocity admission to practice law in Wisconsin if they substantially engaged in the practice of law “in a state or territory, the federal government, or the District of Columbia” for at least three of the five years prior to admission, provided the lawyer met other requirements.

The rule did not include work for a “federally recognized Indian tribe.” Thus, the Board of Bar Examiners (BBE) could and did deny reciprocity credit for lawyers who worked at least three years for a federally recognized Indian tribe, in Wisconsin or elsewhere.

Federal Court Dismisses Pro Se Action against Interior and Stockbridge-Munsee

Here are the materials in Bruette v. Secretary of the Interior (E.D. Wis.):

10 Motion to Dismiss

13 Amended Motion to Dismiss

15 Opposition

16 Reply

17 DCT Order

Tribe Notifies State of Wisconsin of Intent to Withhold Revenue Sharing Payment

Download(PDF): Letter of Notification

From the Tribe:

The Stockbridge-Munsee Tribe announced today that it has notified the State of Wisconsin of its intent to withhold its revenue sharing payment of $923,000 due to the State’s violation of its gaming compact with the tribe.

The State is in violation of two sections of its compact with the Stockbridge-Munsee by:

  • Allowing the Ho-Chunk Nation to unlawfully operate its Wittenberg Casino on lands not eligible for Indian gaming under IGRA since 2008.
  • Allowing the Ho-Chunk Nation to operate the Wittenberg Casino beyond the scope permitted in Ho-Chunk Nation’s gaming compact with the State since 2008.

More information and supporting documents can be found on the tribal website.

General Counsel Opening With Stockbridge-Munsee Band


POSITION: General Counsel                                                                 
LOCATION: S/M Community                                                                
SALARY: Negotiable/Exempt                                                        
Reports to:  Tribal Council

GENERAL RESPONSIBILITIES:  The General Counsel is responsible to provide advice, interpretations, and opinions on all legal matters of the Stockbridge-Munsee Community including Tribal government, Tribal gaming, and Tribal enterprises.  The General Counsel is also responsible to manage the Tribal Legal Office including supervising other attorneys and staff.


  1. The General Counsel is responsible to advise and represent tribal government, tribal gaming, and tribal enterprises in dealings with federal, state, local governments.
  2. The General Counsel is responsible to represent the tribe in tribal, federal, and state court litigation matters.
  3. The General Counsel is responsible to oversee contract and grant review.
  4. The General Counsel is responsible to oversee preparation of resolutions, policies, procedures, agreements, contracts, and other legal memoranda.
  5. The General Counsel is responsible to manage outside legal counsel.
  6. The General Counsel is responsible for giving advice on legal decisions, agency regulations, statutes and treaties that affect tribal activities.
  7. Must maintain an acceptable attendance record.
  8. May be required to satisfactorily complete an exam or other testing requirement(s) to determine skill proficiency.
  9. The above duties and responsibilities are not an all inclusive list but rather a general representation of the duties and responsibilities associated with this position. The duties and responsibilities will be subject to change based on organizational needs and/or deemed necessary by the Tribal Council.


  1. Must be a graduate of an A.B.A approved Law School.
  2. Must be licensed to practice law in Wisconsin or be able to obtain the Wisconsin Bar license within a twelve-month period after hire.
  3. Must possess knowledge of tribal, state, and federal law and regulations including administrative procedures.
  4. Must possess general knowledge of law.
  5. Must have at least seven years of federal Indian law practice,
  6. Must pass pre-employment drug and health screening.  Must adhere to the Tribe’s Drug and Alcohol Free Workplace Policy during the course of employment.
  7. Must be eligible for coverage under the employer’s liability insurance.
  8. Must have demonstrated ability to maintain satisfactory working record in any prior or current employment.
  9. Must be able to meet physical requirements of position.
  10. Must have a valid driver’s license. Must obtain a Wisconsin driver’s license within 30 days of employment if applicant has an out-of-state driver’s license.  Must meet and maintain the eligibility to operate a personal or tribal vehicle under the driver acceptability guidelines as established by Mohican Nation Insurance.
  11. Must abide by departmental and organizational safety, guidelines.

Human Resource Department
P.O Box 70
N8705 Moh He Con Nuck Rd
Bowler, WI 54416


The Stockbridge-Munsee Community operates as an equal opportunity employer except Indian Preference is given in accordance with the Tribal Employment.

Although an interview may be granted, this does not determine that the candidate fully meets the qualifications until it is determined by the interview team.

Apply online at:

ICWA Notice Case out of Alabama


Moreover, the record indicates that the tribe [Stockbridge-Munsee] received the inquiry form from DHR on November 7, 2014, less than a week before the juvenile court conducted the November 13, 2014, termination hearing. Section 1912(a) dictates that no termination of parental rights proceeding pertaining to an Indian child may be conducted until at least 10 days after an Indian tribe has received the noticed required in that section.
Therefore, we reverse the juvenile court’s judgment insofar as it terminated the mother’s parental rights to the child, and we remand the cause for the juvenile court to comply with the provisions of the ICWA . . .

Order Approving Oneida/NYS Settlement Agreement and Dismissing Interventions — UPDATED

Here is the order approving the settlement agreement between the Oneida Indian Nation and the State of New York, and dismissing both the Cayuga Nation and Stockbridge-Munsee Community’s motions for intervention.

UPDATE — briefs are here:

280-2 Cayuga Motion to Intervene

288 Oneida Response to CN Motion

289 Interior Response to CN Motion

290 NY Response to CN Motion

293 Cayuga Reply

300 MJ R&R Recommending Grant of CN Motion

303-1 Stockbridge-Munsee Motion to Intervene

312 NY Plaintiffs Objection to R&R

313 Oneida Objection to R&R

319 Settlement and Stipulation

326 NY Plaintiffs Response to SMC Motion

327 Oneida Response to SMC Motion

329 Interior Response to SMC Motion

332 Stockbridge Munsee Reply

344 Interior ROD Amendment