New Fletcher Paper: “The Rise and Fall of the Ogemakaan”

Please check out my new paper, “The Rise and Fall of the Ogemakaan,” now available on SSRN. Here is the abstract:

Anishinaabe (Odawa, Bodewadmi, and Ojibwe) legal and political philosophy is buried under the infrastructure of modern self-determination law and policy. Modern Anishinaabe tribes are rough copies of American governments. The Anishinaabeg (people) usually choose their ogemaag (leaders) through an at-large election process that infects tribal politics with individualized self-interest. Those elected leaders, what I call ogemaakaan (artificial leaders) preside over modern governments that encourage hierarchy, political opportunism, and tyranny of the majority. While modern tribal governments are extraordinary successes compared to the era of total federal control, a significant number of tribes face intractable political disputes that can traced to the philosophical disconnect from culture and tradition.

Anishinaabe philosophy prioritizes ogemaag who are deferential and serve as leaders only for limited purposes and times. Ogemaag are true representatives who act only when and how instructed to do so by their constituents. Their decisions are rooted in cultural and traditional philosophies, including for example Mino-Bimaadiziwin (the act of living a good life), Inawendewin (relational accountability), Niizhwaaswii Mishomis/Nokomis Kinoomaagewinawaan (the Seven Gifts the Grandfathers or Grandmothers), and the Dodemaag (clans). I offer suggestions on how modern tribal government structures can be lightly modified to restore much of this philosophy.

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 open Indian law or leadership job, please send the following to indigenous@law.msu.edu:

  1. A typed brief description of the position which includes position title, location, main duties, and closing date;
  2. An attached PDF job announcement.

 

Havasupai Tribe

General Counsel, Supai, AZ and Flagstaff, AZ. The GC is responsible for all legal matters for the Tribal Government and the supervision of outside special counsels.  The Havasupai Reservation is one of the most remote in the US and one of the most beautiful.  The ability to travel to Supai is required.  This posting will remain open until May 15, 2019. For more information please see the job description.

The California Department of Social Services (CDSS) Legal Division

Attorney III, Sacramento County, CA. Responsible for overseeing or administering various social services programs such as foster care, adoptions, and child welfare services. The Attorney III will also provide litigation support to the CFSD and the Office of the Attorney General in the area of Children’s programs. Application closes April 24, 2019. For more information, please visit the link.

Walker River Paiute Tribe

RFP, Schurz, NV. Soliciting proposals from qualified firms/individuals for the drafting of amendments to the Walk River Paiute Tribe Law and Order Code, Rules of Court, create court forms, and create a court clerk manual and judge’s bench book, to strengthen and enhance the Walker River Paiute Tribe’s Judicial System. Proposals may be mauled or hand delivered. For more information please see the RFP. 

University of Arkansas School of Law Indigenous Food & Agriculture Initiative

Graduate Fellowship, Fayetteville, AR. Assist tribes with the development of food codes and provide nationwide trainings on issues of importance to the agricultural sector in Indian Country. This position provides a full tuition waiver plus a small stipend, set up through the University of Arkansas Graduate School Assistantship Program. This position is available to students who study in Fayetteville. Email Susan A. Schneider, Director, LL.M. Program in Agricultural & Food Law, with questions at sas.susan@gmail.com.

Navajo Nation

Deputy Chief Prosecutor, Department of Justice, Office of the Prosecutor, Window Rock, AZ.  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 Mrs. Jennifer Henry, Acting Deputy Chief Prosecutor for further information at jahenry@navajo-nsn.gov.  This position has a closing date of 4/30/2019.

Attorney, Department of Justice, Office of the Prosecutor, Kayenta, 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 Mrs. Jennifer Henry, Acting Deputy Chief Prosecutor for further information at jahenry@navajo-nsn.gov.  This position has a closing date of 5/30/2019.

Sonosky, Chambers, Sachse, Endreson, & Perry LLP 

Associate Attorney(s), Diego, CA and Anchorage, AK. Represent Native American interests in a wide range of endeavors – including trial and appellate litigation, federal Indian law, tribal law, Indian self-determination and self-governance matters, transportation and infrastructure, natural resources, and economic development, among others. Visit our website at http://www.sonosky.com/careers-attys.html to apply. More detail about the firm is available at www.sonosky.com or see the job posting for more information. 

Coyote Valley Band of Pomo Indians 

In-House Counsel, Redwood Valley, CA. This position is responsible for overseeing or advising the following departments for the Tribe and its businesses: police department, gaming commission, security, surveillance and to provide legal guidance to Tribal Government and Administration as needed. This position is open until filled. For more information please see the job description. 

Earthjustice 

Associate Attorney, Bozeman, MT. Associate attorneys at Earthjustice perform a range of litigation‐related tasks that can include: conducting legal research and preparing memoranda on issues relating to ongoing or potential litigation projects; Drafting motions, briefs and other pleadings; and more. For more information please see the job description. 

Godfrey & Kahn, S.C. 

Associate. Candidates must possess strong academic credentials, an interest in environmental and energy solutions, including sustainability matters, excellent judgment and project management commensurate with years of experience. For more information see the job description and please click here to apply.

 

See posts from April 5, 2019. 

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 open Indian law or leadership job, please send a brief description of the position (which includes position title and location) as well as a PDF job announcement to indigenous@law.msu.edu.

DNA-People’s Legal Services

Multiple positions. DNA-People’s Legal Services (DNA) is a fast-paced non-profit law office committed to providing high quality general civil legal services to persons living in poverty in the Navajo and Hopi Reservations. Staff is passionate about what they do and the clients we serve. And as an organization, they care deeply about our employees and their well-being. They are also committed to providing significant professional development opportunities for staff. Please see the attachment for a list of open positions as well as respective locations.

Lakehead University

Dean of the Bora Laskin Faculty of Law, Thunder Bay, Ontario. This is a unique law school with a focus on Northern Ontario that graduated its first class in 2016. Three mandates are embraced within the Faculty’s curriculum: Aboriginal and Indigenous Law, Natural Resources and Environmental Law, and Sole/Small Town Practice with the Integrated Practice Curriculum. For more information please see the position description.

National Indian Child Welfare Association

Community Development Specialist, Portland, Oregon.  is responsible for mobilizing and assisting tribal communities and programs to respond to the needs of tribal children. The position builds and maintains partnerships and networks resulting in resources to support children’s mental health, child welfare, and the Indian Child Welfare Act (ICWA). The community development specialist has the overall responsibility of ensuring the coordination and management of the following specific responsibilities. Please see the position description for more information.

Havasupai Tribe

Chief Judge, Havasupai Tribal Court.  Supai, AZ.  Chief Judge is a part-time, contracted position and will be responsible for presiding over court hearing in person in Supai every other weekend, and conduct arraignments telephonically, as needed.  Chief Judge will also serve as court administrator and supervise court clerks and manage grants. Position open until filled. See attached announcement for details.

General Counsel, Havasupai Tribe. Flagstaff, AZ.  General Counsel is the principal legal counsel of the Havasupai Tribe and provides professional, in-house legal counsel to the Tribal government and departments, and manages all outside legal counsel.  Position closes on January 11, 2018.  See attached announcement for details.

The Nisqually Indian Tribe

In-house Prosecutor, Olympia, WA. The Prosecutor will represent the Tribe in all criminal matters in Nisqually Tribal Court, will advise the Tribe on a wide range of criminal and civil matters, and may also be asked to represent the Tribe in civil or child dependency matters in Tribal, State or Federal Court. While the primary role of this position is Prosecutor, the attorney will also be asked to perform general tribal attorney duties as assigned. Closing date is January 3, 2019. Send a resume, cover letter, and writing sample to Office of the Tribal Attorney, Nisqually Indian Tribe, 4820 She Nah Num Dr. SE, Olympia, WA 98513. Contact the Nisqually Legal Department at 360-456-5221 with any questions. See job description for more information.

Rosette Law, LLP

Litigation Attorney, Folsum, CA. Seeking a litigation attorney with 2-3 years civil motion practice and trial experience in tribal, state and/or federal courts. The firm specializes in representing federally recognized Indian tribes and their businesses. Please see the job description for more information.

Transactional Attorney, Folsum, CA. Seeking a transactional attorney with 0-2 years experience for contract review and drafting, secured financing transactions, and in-house counsel work advising clients on material contracts. Please see the second section in the job description for more information.

Osage Nation

Staff Attorney, Pawhuska, OK. Research laws, investigate facts, and prepare letters and documents necessary to assist the Office of the Attorney General in day-to-day activities and litigation. Please see the job description for more information. Here is the direct link to the job details and online application: https://www.paycomonline.net/v4/ats/web.php/jobs/ViewJobDetails?job=8078&clientkey=C7F1082DFD630A67D2F9CB5635D8679F

The Legislative Commission on Indian Services (LCIS)

Executive Officer, Salem, Oregon. The LCIS was created in 1975 for the purpose of improving services with American Indians in the State of Oregon and promoting communication and relations between the State of Oregon and the federally recognized Indian Tribes in Oregon. For more information please see the job description. Application closed February 4, 2019.

New Mexico Sixth Judicial District Attorney’s Office

State Prosecutor, Silver City, NM. This district is largely rural communities (but only 2 hours to Tucson, AZ and El Paso TX). An opportunity for both new and experienced attorneys. Contact Sara L. Schlack at SSchlack@da.state.nm.us for more information.

Owens Valley Indian Water Commission

Communications Specialist, Bishop, CA. Shall be responsible for building and maintaining a positive public image for the Commission and its member Tribes.  Will utilize a variety of platforms to develop strategies that influence public opinion and promote the goals of the Commission with respect to Tribal water rights, land acquisition, land stewardship, and sustainable natural resource management; develop partnerships, promote environmental justice, and assist with coordinating activities related to water and land goals of the Commission and its member Tribes. Please see the job description for more information. Position is open until filled.

Lower Brule Sioux Tribe (LBTC)

RFP for Code Revision. LBCT completed a court assessment recommending comprehensive review and update of the Tribes’ Codes (criminal, civil, juvenile). The LBCT seeks to contract with a firm or attorney to assist in reviewing, editing, amending, and organizing existing codes. Please see the description for more information. Proposals will be accepted until January 31, 2019 and should be submitted via email to Chief Judge Morrie Miner at morrieminer@lowerbrule.net.

National Indian Gaming Commission

Legal Staff Assistant, Washington, DC. Major Duties include, but are not limited to: Assists the attorneys, prepares administrative and appeal records and indexes, case files and other records or documents in support of enforcement actions, appellate review and other similar actions. Maintains and organizes files, databases, and office reports; prepares travel vouchers; maintains office calendar and time sheets. For more information please see the job description or visit this link. Application closes December 31, 2018.

The Hoopa Valley Tribal Court

Request for Qualifications. Request for Qualifications.  Soliciting statements of intent from Indian owned economic enterprises/contractor(s) to respond to bid advertisement or request for proposals, limited to Indian owned firms to develop, compose and facilitate a community needs assessment and strategic plan. These two deliverables are sequential and interlinked. Proposals may be sent to Falene Blake Lewis, Court Administrator, FaleneLewis@gmail.com. Please see the description for more information.

 

See posts from December 7, 2018.

 

Federal Court Dismisses Chukchansi Suit over Missing Bags of Money

Here are the materials in Picayune Rancheria of Chukchansi Indians v. Tan (E.D. Cal.):

13-1 Ayala Faction Motion to Dismiss

14 Lewis Faction Response to Order to Show Cause

28 DCT Order

Prior posts on this suit are here and here.

Federal Court Denies TRO to Lewis Faction in Chukchansi Dispute

Here is the order:

11 DCT Order Denying TRO

Complaint and motion are here.

Chukchansi Leadership Dispute Now a “Civil War”

Here.

The February 11 from the BIA is here.

Pleadings in Picayune Rancheria of Chukchansi Indians v. Tan (E.D. Cal.):

2014 02 19 Aff of R. Lewis – ENDORSED

2014 02 19 Aff of R. Rosette – ENDORSED

2014 02 19 Complaint – ENDORSED

2014 02 19 Ex Parte App – ENDORSED

2014 02 19 Ex Parte Notice & Motion -ENDORSED

2014 02 19 MPA ISO TRO- ENDORSED

Update on Timbisha Leadership Dispute

Previous materials in this case (Timbisha v. Kennedy, E.D. Cal.) are here.

It looks like the plaintiffs, having had their motion to dismiss denied in February, and are now asking the court to remand the case back to California state court.

More recent materials:

DCT Order on Timbisha Motion to Dismiss

Timbisha Motion to Remand

Timbisha Shoshone Leadership Dispute

Two rival factions of the Timbisha Shoshone Tribe have been duking it out in federal court. One band sought a TRO preventing the enforcement of a BIA decision to recognize the other, but the Eastern District of California denied the motion on Dec. 23, on the grounds that adequate remedies at law remain, including administrative remedies. Here are the materials:

timbisha-v-kempthorne-complaint [includes BIA materials]

motion for TRO [includes Timbisha tribal constitution]

movant’s brief

dct-order-denying-timbisha-motion-for-tro