Briefing here:
21 Motion for PI
22 Response
23 Reply
26 DCT Briefing Order
30 Motion to Dismiss
31 Response
32 Reply
tribal court
Friday Job Announcements
Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an Indian law or leadership job, please send a brief description of the job and a PDF job announcement to indigenous@law.msu.edu.
HOBBS, STRAUS, DEAN & WALKER, LLP
2019 Summer Law Clerk Program, Washington D.C. Hobbs Straus specializes in Federal Indian Law and has worked for over 35 years to realize positive change in Indian Country. Our attorneys are dedicated to promoting and defending tribal rights, expanding opportunities for tribes, and improving the lives of American Indians and Alaska Natives. Please see the job description for more information.
The Pascua Yaqui Tribe
Deputy Public Defender, Tuscon, AZ. The Deputy Public Defender delivers professional and competent legal service in the Pascua Yaqui Tribal Public Defender’s Office. The incumbent provides representation to adults and juveniles, charged with criminal offenses, in the Pascua Yaqui Tribal Court. This representation includes court appearances, investigation, preparing and arguing motions, conducting bench, jury trials, and appeals. Please see the job description for more information.
Navajo Nation
Attorney, Department of Justice in Natural Resource Unit, Window Rock, AZ. This position serves at the pleasure of the Attorney General of the Navajo Nation. New law school applicants as well as experienced attorneys are encouraged to apply. Please see the job announcement and the Navajo Nation Department of Personnel Management website http://www.dpm.navajo-nsn.gov/jobs.html for more information. Please contact Ms. Cherie Espinosa, Acting Deputy Attorney General for further information at cespinosa@nndoj.org. This position is open until filled.
Tax Attorney, Office of the Tax Commission, Window Rock, AZ. New law school applicants as well as experienced attorneys are encouraged to apply. Please see the job announcement and the Navajo Nation Department of Personnel Management website http://www.dpm.navajo-nsn.gov/jobs.html for more information. Please contact Ms. Cherie Espinosa, Acting Deputy Attorney General for further information at cespinosa@nndoj.org. This position is open until filled.
Morongo Band of Mission Indians
Summer 2019 Law Clerk, Banning CA. It is the goal of the Morongo Legal Department to provide a tailored Clerk program that responds to the interests and goals
of the Law Clerk. The Law Clerk program includes the opportunity to get to know the Morongo Tribal Community, lands, and Enterprises. By clerking with the Morongo Legal Department, we are confident you will improve your lawyering skills, learn first-hand the demands of in-house legal counsel, and gain meaningful exposure to substantive Indian law projects. The position is paid and only 20 miles west of Palm Springs. Applications will be reviewed on a rolling basis. Please see the description for more information.
The Yankton Sioux Tribe
(3) Supreme Court Judges, Wagner, SD. Seeking applicants for three (3) law trained Supreme Court Judges positions for the Yankton Sioux Tribal Supreme Court as established in Title I, Chapter II of the YST Law and Order Code to hear cases as needed taken on appeal from the Yankton Sioux Tribal Court under Rule 37 of the YST Rules of Civil Procedure and Chapter V of the YST Rules of Criminal Procedures. Resumes shall be submitted to and reviewed by the YST Business and Claims Committee at P.O. 1153, Wagner SD, 57380, (605)384-3641, who will make appointments, determine further qualifications, terms of office and compensation as set forth in Title I, Chapter II, Sec. 1-2-2(2) of the YST Law and Order Code. The positions shall be considered open until filled.
Muscogee (Creek) Nation
Executive Director, Okmulgee, OK. The Executive Director assists the Gaming Commission charged with investigating regulated activities to assure compliance with federal/tribal laws. Assist with preparation of quarterly report and budget. Assist Commission and supervises staff. Please see the job description for more information.
Berkey Williams LLP
Indian Law Fellowship Program, Berkeley, CA. Our Indian Law Fellowship Program encourages recent law graduates to work in the field of Indian law and provides the Fellow with an opportunity to pursue a wide variety of projects in Indian country. The Fellowship intends to contribute to the development of the Indian law leaders of the future, whatever their career paths in the field might be. The deadline to apply is October 12, 2018. Please see the description for more information.
Last week’s job posting: September 7, 2018.
Minnesota Supreme Court Rule Recognizing Tribal Court Orders
Over 15 years ago, the Minnesota Tribal Court/State Court Forum petitioned the Minnesota Supreme Court to adopt a robust rule for recognition of tribal court orders. Due in large part to public concern about the efficacy of tribal courts, the supreme court adopted a more cautious rule, one that provided limited guidance and delegated excessive discretion to district courts. The consequences were delays and inconsistencies in the recognition process.
In 2016, the Forum petitioned the supreme court to amend the rule, arguing that any concerns about today’s tribal courts are unfounded. It asked the Minnesota Supreme Court to enhance the rule and extend due deference and respect to tribal courts. The petition received overwhelming support from state court judges, local attorney associations, and the national Indian law community. In a 4-2 decision on July 2, 2018, the Minnesota Supreme Court granted the Forum’s petition with minor amendments.
Thank you to all of the state and tribal court judges of the Forum for their leadership and thanks also to Peter Rademacher (Hogen Adams PLLC) for his tireless work as scrivener of the Forum.
Northern Michigan Healing to Wellness Court Training
On Monday, July 9, 2018, the Tribal Law and Policy Institute, the Michigan Association of Treatment Court Professionals, and the Little Traverse Bay Bands of Odawa Indians Tribal Court are holding a free one-day Wellness Court and Treatment Court training. The training will be held at the Odawa Hotel in Petoskey, Michigan.
Please visit this website and/or the attached agenda for more information.
GTB Tribal Court RFP
Prairie Island Indian Community Job Opportunities
Pawnee Nation sues several oil and gas companies in Tribal Court for quake damage
We noted last November that the Pawnee Nation sued the Dept. of Interior in federal district court to challenge the approval of federal oil and gas leases on tribal lands here.
Today, several news agencies here, here, and here report that the Pawnee Nation has sued 27 oil and gas companies in the Pawnee Nation Tribal Court for damage caused by earthquakes. Earthquakes have been associated with wastewater injection practices used in conjunction with hydraulic fracking. Last September, the Pawnee Nation suffered damage to historic buildings due to a 5.6 magnitude earthquake.
We’ll post a copy of the complaint as soon as it becomes available.
Casino Patron Brings Federal Suit over Interpretation of Tribal Tort Claims Act
Here is the complaint in Wilson v. Umpqua Indian Development Corporation (D. Or.):
Update:
Nottawaseppi Huron Potawatomi Supreme Court Posting
TRIBAL COUNCIL SEEKS LETTERS OF INTEREST FROM PERSONS TO SERVE AS CHIEF JUSTICE ON THE NHBP TRIBAL SUPREME COURT. The Tribal Council is soliciting letters of interest from qualified individuals interested in being appointed to serve on the NHBP Supreme Court. The individual appointed to this position would be appointed to a six (6) year term of office expiring on December 31, 2022. Letters of interest must be submitted no later than November 25, 2016 to be considered. Interested applicants should send a letter of interest and statement of qualifications (or resume) to: Jamie P. Stuck, Tribal Council Chairperson, 1485 Mno-Bmadzewen Way, Fulton, Michigan 49052.
NHBP Judicial Branch: The NHBP Judiciary is a Constitutional Branch of Government established under Article XI of the Band’s Constitution. The NHBP Court is a court of general jurisdiction and the Supreme Court hears appeals from the Judiciary’s Trial Court. In addition to hearing appeals, members of the Supreme Court also work with the trial court’s Chief Judge and other court staff in the development of Court Rules and Administrative Orders.
Qualifications for Appointment: In accordance with the NHBP Constitution, persons interested in being appointed to the Tribal Judiciary must agree to undergo an extensive background investigation and may be asked to appear before the Tribal Council to answer questions about his/her qualifications for the position. The qualifications of prospective appointees are determined by the Tribal Council in accordance with the qualifications for office contained in Article XI of the NHBP Constitution which include the following:
- Has attained the age of thirty (30) years;
- Is a licensed attorney in good standing;
- Not be an employee of NHBP or presently serving, or a candidate for, a seat on the elected Tribal Council and
- Has never been convicted of a violent crime, felony or a crime of fraud.
Members of the bench are compensated for services at a competitive hourly rate. In accordance with the NHBP Constitution, “the amount of [compensation] shall not be reduced during such person’s term of office”. Justices are also reimbursed for reasonable expenses including travel to and from Michigan.
VAWA Trial Advocacy Training at Eastern Band, Aug. 24-26
Agenda and registration here.
Turtle Talk 
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