tribal court

Judicial Positions – Sac and Fox Nation of Missouri in Kansas and Nebraska

Matthew L.M. Fletcher

Job Openings Sac and Fox Nation of Missouri in Kansas and Nebraska
305 North Main Street
Reserve Kansas 66434

Tribal District Judge The Sac and Fox Nation of Missouri in Kansas and Nebraska has a vacancy in the position of Tribal District Judge. The Tribal District Judge is appointed to a six-year term by the Tribal Council and hears all cases brought in the Nation’s Tribal District Court, including but not limited to Juvenile, Criminal and Civil cases. The Tribal District Judge also provides administrative oversight to the Court and provides supervision to the Court Clerk, Administrator and Probation Officer. The Tribal District Judge conducts hearings at least one day per month, but possibly more depending on case load. Preferred Qualifications include experience as a Tribal Judge or practice of Indian law, familiarity with Federal Indian law and policy, and experience working with a tribal community. Minimum requirements for the position are that the Judge shall: (a) Be either: (1) An enrolled member of the Tribe; or (2) The parent, child or spouse of an enrolled member of the Tribe; or (3) Actually domiciled within the territorial jurisdiction of the Tribe; or (4) An attorney; or (5) A lay advocate who has regularly practiced before the Sac and Fox Tribal Court as a member of the Bar of the Court for a period of five (5) years or more; or (6) An Indian graduate of an American Bar Association approved Law School, or a Paralegal program approved by the Supreme Court. (b) Have demonstrated moral integrity and fairness in his or her business, public and private life. (c) Have never been convicted of a felony or an offense punishable by banishment, whether or not actually imprisoned or banished, and have not been convicted of any offense, except traffic offenses, for a period of two (2) years next preceding his or her appointment. (d) Have regularly abstained from the excessive use of alcohol and any use whatsoever of illegal drugs or psychotoxic chemical solvents. (e) Be not less than twenty-five (25) years of age. (f) Not be a member of the Tribal Council or the holder of any other elective Tribal Office of the Sac and Fox Nation of Missouri, provided, that a candidate who is a member of the Tribal Council, or the holder of some other elective Tribal Office, may be confirmed as a Judge subject to his or her resignation. Tribal District Judge is a Contract/Exempt position. Compensation is negotiable depending on experience and qualifications. To apply or nominate a candidate, submit a letter of interest, resume, writing sample and three (3) references to: Gary Bahr gbahr@sacandfoxcasino.com, Tribal Secretary, 305 North Main Street, Reserve, Kansas 66434.

Associate Justice of the Tribal Supreme Court (Two Openings) The Sac and Fox Nation of Missouri in Kansas and Nebraska has two vacancies for the position of Associate Justice of the Tribal Supreme Court. Associate Justices of the Supreme Court are appointed to staggered terms. Thus, one position is for an initial appointment to a term of four years and the other position is for an initial appointment to a term of six years. The Associate Justices of the Supreme Court hear appeals from the Tribal District Court, prepare appropriate orders, keep appropriate records and perform any of the duties and powers of a Tribal District Judge in appropriate cases. Hearings and arguments are held on an as-needed basis. Preferred Qualifications include experience as a Tribal Judge or practice of Indian law, familiarity with Federal Indian law and policy, and experience working with a tribal community. Minimum requirements for the position are that the an Associate Justice of the Supreme Court shall: (a) Be either: (1) An enrolled member of the Tribe; or (2) The parent, child or spouse of an enrolled member of the Tribe; or (3) Actually domiciled within the territorial jurisdiction of the Tribe; or (4) An attorney; or (5) A lay advocate who has regularly practiced before the Court as a member of the Bar of the Court for a period of seven (7) years; or (6) An Indian graduate of an American Bar Association approved law school, or a paralegal program approved by the Supreme Court; and (b) Have demonstrated moral integrity and fairness in his business, public and private life; and (c) Have never been convicted of a felony or an offense punishable by banishment or involving moral turpitude, whether or not actually imprisoned or banished, and have not been convicted of any offense, except traffic offenses, for a period of five (5) years next preceding his or her appointment.; and (d) Have regularly abstained from the excessive use of alcohol and any use whatsoever of illegal drugs or psychotoxic chemical solvents; and (e) Be not less than thirty (30) years of age; and (f) Not be a member of the Tribal Council or the holder of any other elective Tribal Office of the Sac and Fox Nation of Missouri, provided, that a candidate who is a member of the Tribal Council, or the holder of some other elective Tribal Office, may be confirmed as a Judge subject to his or her resignation.; and (g) If less than fifty (50) years of age, have completed at least sixty (60) semester credit hours at an accredited college or university, or at least four (4) years of previous experience. Associate Justice of the Tribal Supreme Court is a Contract/Exempt position. Compensation is negotiable depending on experience and qualifications. To apply or nominate a candidate, submit a letter of interest, resume, writing sample and three (3) references to: Gary Bahr gbahr@sacandfoxcasino.com, Tribal Secretary, 305 North Main Street, Reserve, Kansas 66434.

Chief Justice of the Tribal Supreme Court The Sac and Fox Nation of Missouri in Kansas and Nebraska seeks applicants for the position of Chief Justice of the Tribal Supreme Court. The position is for an initial appointment to a term of two years. The Chief Justice of the Supreme Court hears appeals from the Tribal District Court, prepares appropriate orders, keeps appropriate records, provides administrative oversight and performs any of the duties and powers of a Tribal District Judge in appropriate cases. Hearings and arguments are held on an as-needed basis. Preferred Qualifications include experience as a Tribal Judge or Justice, practice of Indian law, familiarity with Federal Indian law and policy, and experience working with a tribal community. Minimum requirements for the position are that the an Associate Justice of the Supreme Court shall: (a) Be either: (1) An enrolled member of the Tribe; or (2) The parent, child or spouse of an enrolled member of the Tribe; or (3) Actually domiciled within the territorial jurisdiction of the Tribe; or (4) An attorney; or (5) A lay advocate who has regularly practiced before the Court as a member of the Bar of the Court for a period of seven (7) years; or (6) An Indian graduate of an American Bar Association approved law school, or a paralegal program approved by the Supreme Court; and (b) Have demonstrated moral integrity and fairness in his business, public and private life; and (c) Have never been convicted of a felony or an offense punishable by banishment or involving moral turpitude, whether or not actually imprisoned or banished, and have not been convicted of any offense, except traffic offenses, for a period of five (5) years next preceding his or her appointment.; and (d) Have regularly abstained from the excessive use of alcohol and any use whatsoever of illegal drugs or psychotoxic chemical solvents; and (e) Be not less than thirty (30) years of age; and (f) Not be a member of the Tribal Council or the holder of any other elective Tribal Office of the Sac and Fox Nation of Missouri, provided, that a candidate who is a member of the Tribal Council, or the holder of some other elective Tribal Office, may be confirmed as a Judge subject to his or her resignation.; and (g) If less than fifty (50) years of age, have completed at least sixty (60) semester credit hours at an accredited college or university, or at least four (4) years of previous experience. Chief Justice of the Tribal Supreme Court is a Contract/Exempt position. Compensation is negotiable depending on experience and qualifications. To apply or nominate a candidate, submit a letter of interest, resume, writing sample and three (3) references to: Gary Bahr gbahr@sacandfoxcasino.com, Tribal Secretary, 305 North Main Street, Reserve, Kansas 66434.

The Tribal Court Positions are also held to the Tribal Code Sections, they can be downloaded for review here:
Tribal Code – District Judge
Tribal Code – Supreme Court Justice

These are full time positions with benefits, generally working a 4 day work week Monday through Thursday (unless otherwise noted). Compensation DOE. Open until filled. More information and applications can be obtained at the Sac and Fox Tribal Office, 305 N. Main, Reserve KS (Mon.-Thurs.) or call 785-742-7471, ext. 2500. Provide cover letter, resume and completed employment application addressed to Human Resources Dept. at above address or fax to 785-742-3785.

 

Grand Traverse Band Chief Judge Job Posting

Matthew L.M. Fletcher

Here is the job description.

Here are the posting dates (they most certainly will be extended).

Dollar General Corp. v. Mississippi Band of Choctaw Indians Cert Petition

Matthew L.M. Fletcher1 Comment

Here:

Dollar General Cert Petition

Questions presented:

Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct of nonmembers who enter into consensual relationships with a tribe or its members?

Lower court materials here.

The court also voted 9-5 to deny the en banc petition: CA5 Order Denying Dolgencorp En Banc Petition

En banc petition materials here.

Panel materials here.

Lower court decision and materials here.

Grand Ronde Tribal Chief Judge Posting

Matthew L.M. Fletcher

Here:

RFQ Chief Judge

Opening Eighth Circuit Brief in Smith v. Parker — Formerly a Tribal Court Jurisdiction Matter, Now a Reservation Boundaries Matter

Matthew L.M. Fletcher

Here:

Nebraska Opening Brief

Lower court materials and links to prior iterations of this case here.

Florida Appeals Court Strips Miccosukee Tribal Court of Jurisdiction in UCCJEA Matter

Matthew L.M. Fletcher

Here is the opinion in Billie v. Stier:

Fla Ct App Opinion

An excerpt:

This Petition for a Writ of Prohibition evolves out of a custody dispute between the mother, who is a member of the Miccosukee Tribe of Indians, and the father, who is not a member  of the tribe of Native American heritage. The issue is whether the Miccosukee Tribal Court or the Circuit Court of the Eleventh Judicial Circuit has the jurisdiction to decide the custody dispute. The mother petitions for a writ prohibiting the Circuit Court from exercising jurisdiction over the custody matter. Based on the facts of this case and the Uniform Child Custody, Jurisdiction, and Enforcement Act (“UCCJEA”), we conclude that the Circuit Court was correct in determining that it, and not the Tribal Court, has  jurisdiction to decide the custody issues and we therefore deny the petition.

Pascua Yaqui Tribe set to prosecute first non-Indian under VAWA

Victoria Sweet2 Comments

News coverage includes an overview of the challenges Tribes have faced when non-Indian men batter Indian women on the reservation, a little about the battle to get the VAWA provisions passed, and information about the prosecutor, judge, and public defender who will be involved with this first case. Full article here.

Press Release from Pascua Yaqui regarding the VAWA pilot program here.

From the article:

Tribal police chief Michael Valenzuela drove through darkened desert streets, turned into a Circle K convenience store and pointed to the spot beyond the reservation line where his officers used to take the non-Indian men who battered Indian women.

“We would literally drive them to the end of the reservation and tell them to beat it,” Valenzuela said. “And hope they didn’t come back that night. They almost always did.”

About three weeks ago, at 2:45 a.m., the tribal police were called to the reservation home of an Indian woman who was allegedly being assaulted in front of her two children. They said her 36-year-old non-
Indian husband, Eloy Figueroa Lopez, had pushed her down on the couch and was violently choking her with both hands.

This time, the Yaqui police were armed with a new law that allows Indian tribes, which have their own justice system, to prosecute non-Indians. Instead of driving Lopez to the Circle K and telling him to leave the reservation, they arrested him.

Inside a sand-colored tribal courthouse set here amid the saguaro-dotted land of the Pascua Yaqui people, the law backed by the Obama administration and passed by Congress last year is facing its first critical test. . . .

Some members of Congress had fought hard to derail the legislation, arguing that non-Indian men would be unfairly convicted without due process by sovereign nations whose unsophisticated tribal courts were not equal to the American criminal justice system.

“They thought that tribal courts wouldn’t give the non-Indians a fair shake,” said Pascua Yaqui Attorney General Amanda Lomayesva. “Congressmen all were asking, how are non-Indians going to be tried by a group of Indian jurors?”

Against that opposition last year, the Obama administration was able to push through only the narrowest version of a law to prosecute non-Indians. While it covers domestic and dating-violence cases involving Native Americans on the reservation, the law does not give tribes jurisdiction to prosecute child abuse or crimes, including sexual assault, that are committed by non-Indians who are “strangers” to their victims. In addition, the law does not extend to Native American women in Alaska.

“It was a compromise the tribes had to make,” Lomayesva said. “It only partially fixes the problem.”

Still, what will play out over the next months on the Pascua Yaqui reservation is being watched closely by the Justice Department and by all of Indian country. The tribe’s officials are facing intense scrutiny and thorny legal challenges as they prepare for their first prosecution of a non-Indian man.

“Everyone’s feeling pressure about these cases,” said Pascua Yaqui Chief Prosecutor Alfred Urbina. “They’re the first cases. No one wants to screw anything up.”

Update in Caddo Leadership Dispute; Federal Court Denies TRO

Matthew L.M. Fletcher1 Comment

Here are the new materials in Caddo Nation of Oklahoma v. Court of Indian Offenses for the Anadarko Agency (W.D. Okla.):

10 Plaintiff Supplemental Brief

13 Defendant Response

17 DCT Order Denying TRO

Earlier materials are here.

Caddo Nation Leadership Dispute in Federal Court

Matthew L.M. Fletcher2 Comments

Here are the materials in Caddo Nation of Oklahoma v. Court of Indian Offenses for the Anadarko Agency (W.D. Okla.):

1 Complaint

1-7 Petn for Emergency TRO

1-8 CIO Emergency TRO

2 Plaintiff Motion for TRO

8 Plaintiff Supplemental Brief

9 DCT Order

Fifth Circuit Panel Issues Amended Opinion in Dolgencorp v. Mississippi Band of Choctaw Indians

Matthew L.M. Fletcher2 Comments

Here is the amended opinion:

CA5 Amended Opinion

The main amendment appears to be that the panel will no longer rely upon the Ninth Circuit’s holding in Water Wheel — and instead finds that the tribe retains jurisdiction over the underlying tort claim under the Montana 1 consensual relations exception.

The court also voted 9-5 to deny the en banc petition: CA5 Order Denying Dolgencorp En Banc Petition

En banc petition materials here.

Panel materials here.

Lower court decision and materials here.