Job Posting: Criminal Division AUSA Position in Marquette, MI Office

CRIMINAL DIVISION ASSISTANT UNITED STATES ATTORNEY
UNITED STATES ATTORNEY’S OFFICE
Western District of Michigan
Responsibilities and Opportunity Offered: The district is soliciting applications for a Criminal Division Assistant U.S. Attorney (AUSA) position in the Marquette, Michigan office, to join two other Criminal AUSAs already stationed there. Criminal Division assignments in this office cover the full range of federal offenses, including the prosecution of economic and violent crime in Indian Country. Although this position will handle a variety of matters arising from a variety of contexts, the AUSA can expect to have substantial responsibility in the handling of crimes occurring on property owned by, or held in trust for, Native American Tribes. Criminal Division AUSAs are also responsible for substantial legal research and writing, both at the trial and appellate levels. This particular position may require occasional civil litigation work.
Qualifications: Required Qualifications: Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), and have at least one full year of post-J.D. experience. Preferred Qualifications: Applicants should have a history of outstanding academic and professional achievement for their years of experience and possess superior oral and written communication skills, as well as strong interpersonal skills and good judgment.
About the Office: The Western District of Michigan includes the western half of the Lower Peninsula of Michigan and all of the Upper Peninsula, a total of more than 35,000 square miles with a population in excess of three million. The district has 37 AUSAs, most of whom are located in the Grand Rapids office. With the filling of this posted position, there will be three attorneys in the Marquette branch office and two support personnel. In addition to the branch office in Marquette, the district also maintains a staffed branch office in Lansing, the State Capital. The district includes 11 federally-recognized Indian Tribes, which is the largest Native American population in a district east of the Mississippi River. Five of those Tribes are in the Upper Peninsula.
Travel: Substantial travel within the Upper Peninsula of Michigan will be required. Limited travel outside the district is likely.
Salary Information: AUSA pay is administratively determined based, in part, on the number of years of professional attorney experience. The current range of pay is $50,894 to $134,702, including locality pay.
Location: Marquette, Michigan. There will be an initial six to nine months of training and mentoring in the Grand Rapids office prior to assignment in Marquette.
Relocation Expenses: Relocation expenses will not be authorized.
Application Process: Send a cover letter, resume, completed questionnaire (see attachment) and writing sample (such as an appellate brief, substantive district court brief or memorandum of points and authorities). The writing sample should reflect your own work and not exceed a total of 25 pages.

The application package should be mailed to:

Ellie Drumm, Human Resources Officer
United States Attorney’s Office
P.O. Box 208
Grand Rapids, Michigan 49501-0208

An application package may be submitted by email to USAMIW.personnel@usdoj.gov. Please scan all materials into one .pdf file.

State of Michigan Sues Sault Tribe over Lansing Casino Proposal

Here are the materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):

Complaint

State Motion PI

State Brief PI

State Brief PI Ex A Compact

State Brief PI Ex B Resolution

State Brief PI Ex C CDA

State Brief PI Ex D Letter

State Brief PI Ex E Web page

State Brief PI Ex F Gaming Ordinance

Federal Misdemeanor DV Conviction in Western District of Michigan

Here is the order in United States v. Booth (W.D. Mich.):

US v Booth

Federal Court Suit Filed to Stop Mining Activities in Northern Michigan/Upper Peninsula Mine

Here are the materials in Huron Mountain Club v. United States Army Corps of Engineers (W.D. Mich.):

Huron Mountain Club Complaint

Huron Mountain Club Brief in Support of PI Motion

Here is the Interlochen Public Radio coverage of the suit. An excerpt:

A private club in the Upper Peninsula has filed a federal lawsuit suit to stop the construction of a new mine in Marquette County. The nickel and copper mine, owned by Kennecott Eagle Minerals, has received permits from the state. But the Huron Mountain Club says the U.S. Army Corps needs to review the project to make sure it doesn’t violate the Clean Water Act.

The club owns nearly 20,000 acres of forest downstream from the mine on the Salmon Trout River. The lawsuit says sulfuric acid produced by sulfide mining could pollute the river. And the club is “horror-struck” by the prospect of the watershed collapsing because part of the mine will be dug directly underneath it. The lawsuit also says the federal government needs to consider the potential for damage to Eagle Rock, a site near the entrance to the mine that is sacred to American Indians.

Kennecott says the mine has been extensively reviewed and survived multiple legal challenges going back to 2006. Eagle Mine has been under construction since 2010 and the company says it is 75 percent built.

Bay Mills Indian Community, Council Members, and Gaming Commission Motions to Dismiss Amended State/LTBB Complaints

Here are those materials:

BMIC Motion to Dismiss

BMIC Council Motion to Dismiss

BMIC Gaming Commission Motion to Dismiss

BMIC Motion to Dismiss LTBB Amended Complaint

Here is the State’s amended complaint.

Meanwhile, a Sixth Circuit panel is currently considering BMIC’s motion to strike its opponents briefs:

Referral of Motion to Strike

Western District of Michigan U.S. Attorney’s Office to Hire Indian Country Violent Crimes Attorney

Interested persons can contact AUSA Jeff Davis. Contact me if you want his email address for more details.

State of Michigan Amends Complaint against Bay Mills to Add Tribal Elected Officials and Gaming Commissioners

Here are the materials:

2011-07-15 Amended Complaint

2011-07-15 Brief in Support ofMnt to Amend Complaint, Join Parties

response of bmic on motion to amend complaint

Update in People of Mich. v. Jensen — 2007 Consent Decree Motions re Exclusive Tribal Court Jurisdiction

Here is the State’s response to the Sault Tribe’s motion to enjoin the state prosecution of its members for treaty fishing violations:

State’s Response 4-25-2011

And an amicus brief supporting the state prosecution:

Bay de Noc Sports Fishermen Amicus Brief

Federal Court Filings to Stop State Prosecution of Sault Tribe Members for Treaty Fishing Violations

As usual, Friday is the most exciting time of the week for Indian law events.

Here are the materials in the most recent proceedings in United States v. Michigan, an effort to enjoin State v. Jensen in Delta County court (John Petoskey doing the heavy lifting in state court for Jensen and Bruce Greene in federal court for the Sault Tribe):

Doc. No. 1819 (Motion for Relief)

Doc. No. 1820 Memo in Support of Motion for Relief

Doc. No. 1820-1 (Exh A-E)

Doc. No. 1820-2 (Exh F-H)

Doc. No. 1820-3 (Certif of Compliance with 2000 Consent Decree

Doc. No. 1821 (Motion to Expedite)

Federal Court Denies Bay Mills’ Motion to Stay Shutdown Order of Vanderbilt Casino Pending Appeal

Here is that order:

Order denying motion for stay

The motion is here.

The briefs in opposition are here:

LTTB Response to Motion for Stay

Michigan Response to BMIC Motion for Stay