tribal judge

Puyallup Judicial and Prosecutor Job Postings

Matthew L.M. Fletcher

Here’s the Associate Judge posting:

The Puyallup Tribe of Indians is soliciting applications for employment of an Associate Judge for the Puyallup Tribal Court. This is a full-time, Tribal Council appointed, position for an initial term of three years.

As an Associate Judge at the Puyallup Tribal Court, the judge will provide a full range of judicial services by hearing cases in the trial court regarding, but not limited to such issues as, criminal, civil, fishing, hunting, youth dependency, traffic, housing, gaming, and employment.

The statutory prerequisites for employment are: 1) must be a member of a federally recognized Indian tribe; 2) must be over the age of 28 years old; 3) must hold a Juris Doctorate degree and membership to a state bar; and 4) never have been convicted of an offense involving dishonesty or moral turpitude.

Salary for the Associate Judge position is based upon years of service as a judge with the Puyallup Tribe.  Current starting annual salary is $138,673.  In addition to salary, the Puyallup Tribe provides a very generous employee benefits package that includes medical/vision, dental, life insurance and retirement/ 401(k) plan.

Applications and a detailed job description are available at www.puyallup-tribe.com.   Applications and inquiries regarding the Associate Judge position may be submitted or directed to Mr. Tim Reynon, HR Executive Director, Puyallup Tribe of Indians, Human Resources Department, 3009 E. Portland Ave., Tacoma, WA 98404; telephone: 253-573-7866; or by email to tim.reynon@puyalluptribe.com.

The Puyallup Tribe is an urban, Pacific Northwest tribe located on southern end of the Puget Sound near the city of Tacoma, Washington.

And the assistant prosecutor/Indian child welfare presenting officer posting:

The Puyallup Tribe of Indians is soliciting applications for employment of an Assistant Prosecutor/ICW Presenting Officer for the Prosecutor’s Office. This is a full-time, position for an initial term of one year.

The Assistant Prosecutor/ICW Presenting Officer represents the Puyallup Tribe in the enforcement of the Criminal, Juvenile Justice and/or Children’s Codes in Tribal Court proceedings. This position performs the duties of the Assistant Prosecutor/Juvenile/ICW Presenting Officer as assigned by the Senior Prosecutor.

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Split Arizona Supreme Court Holds that Tribal Judges May Serve on State Redistricting Panel

Matthew L.M. Fletcher

Here is the opinion in  Adams v. Comm’n on Appellate Court Appointments.

An excerpt describing the tribal judge in question, Paul Bender:

Bender, an independent, stated on his application that he serves as “Chief Judge of two Arizona tribal courts.” Bender, a law professor at Arizona State University, serves as the Chief Justice of the Supreme Court of the Fort McDowell Yavapai Nation and the Chief Judge of the Court of Appeals of the San Carlos Apache Tribe.

And from the analysis:

Consistent with the tribes’ distinctive status, Arizona’s constitution and laws generally do not include tribes within the meaning of the word “public.” Cf. Ariz. Const. art. 20, § 4 (referring separately to “public lands” and “lands . . . owned or held by . . . Indian tribes”). As noted above, see supra ¶¶ 23-29, Arizona’s constitution and statutes refer in many places to public office or public officers (for example, in provisions governing recall or financial disclosure), but none of those provisions has been construed to embrace tribal offices. Indeed, at oral argument, counsel could not identify any instance in Arizona law in which the word “public” has been interpreted to refer to Indian tribes.

From the dissent:

Giving the term “public office” the broad construction that § 1(3) suggests, I would conclude that Bender, as chief justice of two tribal courts, holds public office. At oral argument, amicus Valley Citizens’ League’s counsel (advocating for Professor Bender’s eligibility) expressly stated that Bender is a public officer of the respective tribes he serves. The constitutions and bylaws of both the San Carlos Apache and Fort McDowell Yavapai tribes support this acknowledgement, expressly delegating the judicial authority of their respective nations to their judiciaries. And it is indisputable that the judicial powers of a tribal nation are governmental powers of a sovereign. See 25 U.S.C. § 3631 (2006) (recognizing inherent sovereign authority of each tribal government’s judiciary); Penn v. United States, 335 F.3d 786, 789 (8th Cir 2003) (“[A] tribal court judge is entitled to the same absolute judicial immunity that shields state and federal court judges.”). As a judge, therefore, Bender exercises a portion of the governing power of these two sovereigns, making him a public official of these tribes.

Tribal Judge David Harding Walks On

Matthew L.M. Fletcher

From ICT:

PLUMMER, Idaho – David Lee Harding was widely known throughout Indian country, having served for 29 years in tribal courts in Idaho, Washington, Oregon, California and Alaska. He passed away Dec. 8, 2009 while playing in a father/son basketball game with his sons and numerous friends. He was 57 years old.

David was a member of the Turtle Mountain Band of Chippewa in North Dakota but grew up in the Willamette Valley of Oregon with two brothers and a sister. He was a fan of Paul Revere and the Raiders and started his own rock band in his early years. This led to working as a radio announcer and in later years to announcing at boxing matches at the Coeur d’Alene Casino as well as basketball games in Plummer and Spokane and he was a backup announcer for the Spokane Indians professional baseball team.

Former Coeur d’Alene Tribal Attorney Ray Givens tells of a night at the boxing matches when David was announcing. “One night I took my son, who was about 8 at the time, to a boxing match at the Coeur d’Alene Tribe’s Casino. We bought some 50/50 tickets as we went in, and I gave the stubs to Joe. Dave Harding was the ring announcer that night, and when the ring girl drew the ticket, we won. The scantily clad lady came down to where we were sitting and escorted Joe up to the ring. He was terrified. Dave smiled, looked down at me, and said over the mike, ‘Ray, under the tribe’s law, which you probably wrote, a minor can’t gamble here and 50/50 is gambling.’ Everyone, including me, had a good laugh at my expense. I went up to the ring, rescued my son and collected the prize from a still laughing Dave. His grace and humor was much appreciated.”

David graduated from the University of Oregon in 1975 where he was president of the Native American Student Union. He attended the University of Oregon School of Law, and later a summer session at the University of New Mexico School of Law and later yet attended the University of Idaho School of Law. Continue reading →

Emory Sekaquaptewa Obit in the LA Times

Matthew L.M. Fletcher

Here.

Emory Sekaquaptewa

Created dictionary of Hopi language

Emory Sekaquaptewa, 78, an anthropologist, judge and artist who was called the “Noah Webster of the Hopi Nation,” died Dec. 14, the University of Arizona announced.

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