Yurok tribe

Hoopa and Yurok Tribes Prevail in ESA Litigation

Sarah M Donnelly1 Comment

Link: Federal Court Protects Klamath Salmon, Tribal and Fishing Communities (Earthjustice), previous post

Materials and briefs in the matter of Hoopa Valley Indian Tribe v. Bureau of Reclamation of the Department of the Interior of the United States of America et al, 16-cv-04294 (N.D. Cali.):

Friday Job Announcements

Sarah M Donnelly

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

Morongo Band of Mission Indians

Tribal Attorney, Full Time, Salary D.O.E.

BASIC DUTIES: Under the direction of the In House General Counsel, the Tribal Attorney shall represent the interests of the Morongo Tribal Government, Morongo Tribal Administration, various Morongo Tribal programs, including but not limited to direct representation in tribal and state court of the Morongo Child and Family Services Department and other Morongo Tribal government / programmatic interests as directed by the In House General Counsel.

EXPERIENCE & EDUCATION: Admitted to practice law and in good standing with the California Bar Association. One (1) year of legal experience working for an Indian Tribe, or a firm representing Tribal interests, or three (3) years of legal experience involving trial work in family law, elder law, child welfare or the Indian Child Welfare Act at the state, tribal or federal level, or other legal experience involving Indian law or related areas. Must have proven excellent past work record evidenced by favorable references from past employers. If no past employer, then letter of reference from either one California State Court Judge or two attorneys admitted to practice in the state in which they practice.  A Juris Doctor Degree from a recognized law school and membership in the California Bar Association. Must have a good academic law school recorded evidenced by law school transcripts.

APPLY: Submit your resume and letter of interest by email:  resumes@morongo-nsn.gov or fax 951-922-0321. Visit our website at www.morongo-nsn.gov for employment application.  Interviews are by appointment only. Call 951-755-5180 for more information.

Pokagon Band of Potawatomi Indians

Tribal Court Clerk, Dowagiac, MI

Responsibilities: Ensure clerical duties and responsibilities of the Tribal Court are met.  Assist Court Administrator in the development of judicial and Tribal Court infrastructure.  Fulfill a full range of clerical responsibilities including but limited to accept and file pleadings, prepare case files, data entry, developing procedures and processes.

Qualifications: Bachelor’s Degree in related field required. Relevant experience in lieu of degree may be considered. Completion of a Paralegal Certificate Program Degree preferred. Three years of prior clerical work experience required. Two years of prior clerking experience in a court strongly preferred.

Salary/Benefits: Salary is based on experience and education. Full benefits including medical, dental, optical and retirement plan.

Closing Date: November 11, 2016

Applications:  applications and resumes accepted through our online career center at http://www.pokagonband-nsn.gov/

Yurok Tribe

Deputy General Counsel, Full Time Regular $72,999/$86,806, FF Date for these positions are 11/18/16. For more info visit www.yuroktribe.org or call (707) 482-1350 ext 1376.

National Indian Gaming Commission

Assistant Director of Compliance, Washington D.C. Closes 11/16/16.

Save the Date: Implementing VAWA in California

Sarah M Donnelly

Download(PDF): VAWA conference flyer YT 10 16

Implementing VAWA in California: Navigating Jurisdictional Waters
Yurok Tribal Office, Klamath, CA
November 17-18, 2016

This FREE regional training event will address topics including:

  • Violence Against Women Act (VAWA)
  • Recognition and Enforcement of Tribal Protection Orders
  • Public Law 280 in California
  • BIPs – Best Practices for Offender Accountability
  • Engaging Men and Boys to Stop the Cycle of Violence
  • Coordinated Community Responses in Tribal Communities

Included with your registration is admission to a special live presentation of the acclaimed play, Mary Kathryn Nagle’s Sliver of a Full Moon, depicting the historic passage of VAWA.

Register online for FREE at: http://NCTCC.eventbee.com/event?eid=145643524

For more information:
Contact Vicki Bates: vbates@yuroktribe.nsn.us or (708) 482-1350 extension #1344
Visit the Facebook Event Page: http://www.facebook.com/events/1739122973028450/

Hosted by the Yurok Tribe
through a grant from the United States Department of Justice
Office on Violence Against Women.

Friday Job Announcements

Sarah M Donnelly

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

Alaska Legal Services Corporation

Shelter-Based Staff Attorney, Juneau, AK

Alaska Legal Services Corporation is hiring a full-time attorney in Juneau, funded by a three-year grant from the U.S. Department of Justice. The grant’s purpose is to enhance options available to victims of domestic violence to resolve family disputes quickly and peacefully, and to provide representation in a variety of civil matters.  The project will prioritize services to two traditionally underserved and vulnerable groups of domestic violence victims: Alaska Native/American Indian victims and victims experiencing disabilities.

The attorney will appear in state and tribal court civil proceedings involving family law, housing, consumer protection, public benefits, and health care.  The attorney will also partner with AWARE (Aiding Women in Abuse & Rape Emergencies) on a project to develop and provide safe, out-of-court alternative dispute resolution services for domestic violence victims in family law cases, when appropriate. The attorney will be based at AWARE, and will work closely with ALSC’s supervising attorney and staff attorney, an AWARE legal advocate, and a part-time family counselor.

Ability to work with individuals from different cultural backgrounds is essential, as is working with individuals experiencing trauma, and physical and mental disabilities. Candidates should possess knowledge, appreciation, experience, and commitment to working with and for Alaska Native peoples and statewide Native organizations.  ALSC is proud to be an equal opportunity employer. We are committed to building a culturally diverse workplace and strongly encourage women, persons of color, LGBTQ individuals, veterans, persons with disabilities, and persons from other underrepresented groups to apply.

Computer proficiency required. Bilingual applicants encouraged. Admission to Alaska Bar or Alaska Bar Rule 43 waiver required.  Information on Bar Rule 43 can be found at http://www.alaskabar.org/ (Alaska Bar Association website).

Salary: $44,856 to $63,456 per year DOE.  Generous personal leave and benefits package provided, including partial reimbursement of relocation expenses.

Position will be open until filled.  To apply, submit cover letter, resume, brief writing sample, and list of three professional references to:

Holly Handler, Juneau Supervising Attorney
hhandler@alsc-law.org

Native American Program, Legal Aid of Nebraska

AmeriCorps Member: Medical-Legal Partnership Attorney, Omaha, NE

The AmeriCorps Member will provide direct legal assistance to low-income patients at the Fred LeRoy Health and Wellness Center in Omaha, NE, the Nebraska Urban Indian Health Coalition in Omaha and Lincoln, Nebraska, the Ponca Hills Health and Wellness Center in Norfolk, NE, and other locations in and near Northeast and Eastern Nebraska. Areas of legal advocacy include public benefits, housing, special education, domestic violence, elder law, family law, and consumer law. The AmeriCorps Member will be an attorney authorized to practice in state and/or tribal court, and before administrative agencies. The AmeriCorps Member will be responsible for providing periodic trainings and presentations to providers at medical facilities, as well as for regularly consulting with medical providers.

Native American Program, Legal Aid Services of Oregon

Staff Attorney, Portland, OR

Legal Aid Services of Oregon (LASO) seeks a Staff Attorney for its Native American Program (NAPOLS), which is located in Portland.

Background: LASO is a non-profit organization that represents low-income clients in civil cases. LASO’s eight regional offices serve the general low-income population throughout the state and two specialized statewide programs provide services to farmworkers and representation on Native American issues. LASO is an effective, high-quality legal services program committed to advocacy strategies that will have a demonstrable effect on community problems.

NAPOLS assists income-eligible Indian tribes, Native organizations, and individual tribal members, including with cases related to tribal sovereignty and self-governance, estate planning and trust resources, access to benefits, expungement of criminal records, and tribal court cases. NAPOLS also offers community education on a wide range of legal issues.

Responsibilities: The staff attorney will be responsible for maintaining a varied caseload providing legal services to Indian tribes, Native organizations, and individual tribal members.

Qualifications: Position requires current Oregon State Bar membership, proven interest in and commitment to working in Indian Country, and knowledge of federal, tribal, and state laws impacting tribes and tribal members. Regular travel throughout Oregon, including some overnight travel, is required.

Salary/Benefits: Salary is based on experience, within a statewide salary scale. Full Benefits including health and dental insurance and retirement plan.

Closing Date: October 28, 2016

Applications: Send resume, letter of interest, brief writing sample (5 pages or less), and list of 3 professional references to:

Jennifer Amiott, Director
Native American Program, Legal Aid Services of Oregon
4531 SE Belmont St., Suite 201, Portland, OR 97215
Email: napolsjobs@lasoregon.org / Fax: (503) 206-7073
Please, no phone calls.

Legal Aid Service of Oregon is an Equal Opportunity Employer. Tribal members and minority applicants encouraged to apply.

The Yurok Tribe

Associate General Counsel

Full Time, Regular $60,904-$94,898. Closes 10/26/16. Apply here.

Paralegal

Full Time, Regular $24.12/$26.56/$29.19. Closes 10/26/16. Apply here.

Department of the Interior

Administrative Judge, Interior Board of Indian Appeals, Arlington, VA. Closes 11/14/2016.

Friday Job Announcements

Sarah M Donnelly

Job vacancies are posted on Friday.  Some announcements might still appear throughout the week.  If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

ASSOCIATION OF VILLAGE COUNCIL PRESIDENTS, BETHEL, ALASKA

ICWA Director

Responsible for the overall operations of the ICWA department and personnel. Supervision of the ICWA Program involving case management oversight entered into on behalf of the compacted villages in the AVCP region.

Required – Bachelor’s degree from an accredited university in a Human Services field of study or in a related field with a Master’s degree preferred. Work experience and training which provided the required knowledge, skills and abilities for the position can be substituted on a year-for-year basis. Three (3) years of successful experience as a Program Manager, including staff supervision, management networking, communications and staff development, grant writing and reporting and fiscal management.

Tribal Court Development Coordinator

Provides direct services to the villages in enhancing or creation of tribal courts under the directive of the center Director, including tribal court program planning, program reporting, assistance with training and technical assistance, tribal court reporting software troubleshooting and training of the software to tribal court staff. This position will research and draft policy and legal documents for the tribal court use, will assist member tribes and work directly with the Assigned Court Assessment Team under the guidance of the federal partners. Other duties include providing clerical and office support for the Tribal Justice Center (TJC). The Tribal Court Development Coordinator will work with the Director to seek funding sources for the tribal courts in conjunction with the tribes.

High school diploma or GED is required. A Bachelor’s or an Associate’s degree from an accredited university is preferred. A minimum of two to three (2-3) years of progressive experience in working with tribes is required.

To apply: www.avcp.org

SWINOMISH INDIAN TRIBAL COMMUNITY

Tribal Prosecutor

Nature of Practice: The Tribal Prosecutor represents the Swinomish Indian Tribal Community in Tribal Court in criminal prosecutions, Wellness Court hearings, exclusion proceedings and civil code violations. The Prosecutor reports to and is supervised by the Director of the Office of Tribal Attorney. The Prosecutor also drafts ordinances and may provide advice and recommendations to the Police Department and other departments of the Tribe, as well as the Swinomish Indian Senate and its Committees, on legal policy issues. The work involves a creative, holistic, and interdisciplinary approach developed in conjunction with other Tribal departments to achieve restorative justice. The Prosecutor is supported by a legal assistant in the Office of Tribal Attorney. The Office of Prosecuting Attorney is paperless– all files are maintained electronically.

Minimum Qualifications: Candidate must have graduated from an accredited law school; be licensed to practice in Washington State or have the ability to become licensed through reciprocity, or be eligible for and register for the next scheduled Washington Bar Exam; have excellent written, oral, research and analytical skills; have sufficient experience to independently run a prosecutor’s office; have strong interpersonal communication skills; have negotiation and litigation experience; have an ability and desire to thrive in a dynamic, interdisciplinary and cross-cultural work environment; have experience engaging in creative problem-solving and a dedication to problem-solving approaches; have a commitment to restorative justice; be willing to work in a team setting, including with defense counsel; and view the prosecutorial role as a minister of justice rather than simply an advocate. Experience in a therapeutic court and/or tribal court preferred. Strong preference for an attorney with experience in criminal and Indian law, a demonstrated commitment to working with Native or other minority communities, and/or experience as a supervisor. Willingness and ability to independently work in a paperless office strongly preferred. Native American hiring preference will be in effect during the selection of candidates.

Location: Tribal offices are located in the Swinomish Village on the beautiful Swinomish Indian Reservation at the southeastern end of Fidalgo Island in rural Skagit County, Washington, across the Swinomish Channel from La Conner, W A. The Tribal offices are located 90 minutes north of Seattle, and 90 minutes south of Vancouver, Canada.

Salary: Negotiable depending upon experience. The position is full-time. Compensation includes medical, dental & vision, 401 (k) retirement plan, and other fringe benefits.

Application: The Tribe would like to hire an attorney for this position as soon as possible, with initial review of applications on September 13, 2016. Please submit the following: Swinomish employment application (available at http://www.swinomish-nsn.gov or via email), cover letter expressing the reasons for interest in the position and salary requirements; current resume, writing sample and the names of at least three professional references to:

Elizabeth Miller, Paralegal
Swinomish Indian Tribal Community
11404 Moorage Way
La Conner, Washington 98257
Tel: (360) 466-7369
Fax: (360) 466-5309
E-mail: emiller@swinomish.nsn.us

YUROK TRIBE

2017 Summer Law Clerk

Download(PDF): Application Packet

FEDERAL RESERVE BANK OF MINNESOTA, CENTER FOR INDIAN COUNTRY DEVELOPMENT (CICD)

Project Manager/Senior Project Manager

Download(PDF): Job Posting

Ninth Circuit Materials in Klamath-Trinity River Flow Dispute

Matthew L.M. Fletcher1 Comment
Hoopa - Trinity River
Trinity River in the Hoopa Valley Reservation

Here are the materials in San Luis & Delta-Mendota Water authority v. Jewell:

25 US Opening Brief

27 YT Opening Brief

28 CDFW Motion and Amicus Brief

52 2016-04-15 SLDMWA-WWD opening & resp brief

57 2016-07-01 Hoopa reply brief

59 2016-07-01 Fed Ds’ reply-response brief

62 2016-07-01 PCFFA-IFR response brief

64 2016-07-01 Yurok third brief on cross-appeal

72 2016-07-29 water contractors’ cross-appeal reply brief

73 2016-07-29 water contractors’ reply to PCFFA

SLDMWA v. Jewell, 52 FS3d 1020 (EDCA 2014) 2013 FARs XMSJ dcn

Yurok Office of the Tribal Attorney Job Postings

Sarah M Donnelly

The Yurok Tribe, located in Klamath, California, seeks applicants for the General Counsel and Deputy General Counsel positions. Descriptions are attached.

Yurok Human Resources can be reached at 707-482-1350 or hr@yuroktribe.nsn.us.

0766 General Counsel Regular Full Time Klamath $81,823 to negotiable Open Until Filled. Review 4/15/16
0767 Deputy General Counsel Regular Full Time Klamath $70,873-$109,560 Open Until Filled. Review 4/15/16

http://www.yuroktribe.org/departments/personnel/announcements.htm

Ninth Circuit Briefs in San Luis & Delta Mendota Water Authority v. Jewell

Matthew L.M. Fletcher

Here:

Federal Opening Brief

Hoopa Opening Brief

Yurok Opening Brief

San Luis & Delta-Mendota Water Authority Opening Brief

San Luis & Delta-Mendota Water Authority Response Brief

California Amicus Brief

Federal Response Brief

Hoopa Response Brief

Fishermen’s Brief

Yurok Response Brief

San Luis & Delta-Mendota Water Authority Reply

Lower courts materials here.

Yurok Tribe Accepting Applications for Executive Director

Sarah M Donnelly

Link to job posting here.

The Yurok Tribal Council will conduct its first review of applicants January 14, 2016.

Yurok Tribe Mourns the Loss of Visionary Leader

Sarah M Donnelly

It is with deep despair and a heavy heart that we announce the untimely passing of Tribal luminary, Troy Fletcher.

“This is a tragic loss for the Yurok people, so tragic that words cannot express how we feel,” said Thomas P. O’Rourke Sr., Chairman of the Yurok Tribe. “Troy accomplished things that many people thought were impossible. We will forever be grateful for Troy’s tremendous contribution to the Tribe. Our thoughts and prayers are with his family.”

“We are all devastated by the passing of our friend, brother and colleague,” added Susan Masten, the Yurok Tribe’s Vice Chair. “Troy dedicated his life and put his heart and soul into his effort to protect and restore the Klamath River. He will be greatly missed by all.”

Fletcher, a longtime Executive Director for the Yurok Tribe, passed away on Friday evening, after suffering from a heart attack. He started his career with the Yurok Tribe as the first Tribal fisheries manager in 1994.

The Yurok Tribal member and visionary leader ran the day-to-day operations of the Tribal government. He played a prominent part in nearly every important Tribal policy decision, land acquisition, litigation and legislative effort in the last 20 years.

Fletcher, a tenacious Tribal advocate, accumulated a long list of history-making accomplishments, such as sowing the seeds that started the Tribe’s natural resource protection programs, during his time working for the Tribe. While the truly humble human being would never take the credit, Fletcher was responsible for ending a generations-long conflict between many competing Klamath River-based interests, including: farmers, commercial fishers, a power company, environmental groups and other Tribes. Turning this group of fierce, former adversaries into a cooperative coalition, focused on removing four Klamath dams and creating a plan for equitable water use was just one the many achievements in his storied career.

“Troy’s integrity and innate leadership skills made him a magnet to all,” said Dave Hillemeier, the Yurok Fisheries Program Manager. “We have lost a beloved friend, father, son, husband, mentor, leader, boss and a person respected by those from all walks of life.”

The benevolent boss instilled many positive principles into his employees and empowered them to achieve greatness. He valued initiative and preparedness. Fletcher treated all of the staff fairly and with respect. He emphasized the importance of developing meaningful relationships with representatives of outside agencies. In Fletcher’s opinion, the Tribe had a right and an obligation to manage all of the lands within Yurok ancestral territory and places that affect the Tribe, such as upriver from its borders. He saw those who opposed him as an opportunity to build a bridge. Before making any decisions involving natural resources, he first asked, “Does this work for fish?”

The leading figure in the campaign to solve the Klamath water crisis also filled an irreplaceable role in the Tribe’s effort to reacquire substantial swaths of land within Yurok territory. His behind-the-scenes work paved the way for the Tribe to procure more than 35,000 acres in the Pecwan and Blue Creek watersheds. Both of these drainages, located in the Tribe’s traditional territory, are culturally invaluable and incredibly important for fish and wildlife populations.

In 1999 Fletcher transitioned to the Executive Director position.  As the Fisheries Manager and then as Executive Director, he established the Tribe’s, award-winning Watershed Restoration and Environmental Programs and expanded the Fisheries Program. Today, these programs have more 70 staff that are committed to improving environmental conditions in Yurok ancestral territory.

The universally respected administrator managed more than a dozen departments and 300-plus personnel. Most recently, Fletcher was shepherding a strategy to spur the United States Congress into creating legislation that would broaden the Reservation’s boundaries to include the recent land purchases and increase the Tribe’s role in managing the lands within Yurok ancestral territory. He was also working with representatives of the federal government to release the remaining elements of the Hoopa/Yurok Settlement Act.

The distinguished director worked his way from a fisheries technician to overseeing the fast-growing Tribal government. On behalf of the Yurok people, Fletcher testified before Congress, presented to numerous state and federal regulatory committees and travelled to Washington DC many times to advocate for Tribal rights and to improve conditions on the Klamath River.

Fletcher was raised in Pecwan, which is where he spawned a life-long connection to the Klamath River. He committed his entire adult life to restoring the river, preserving Tribal culture and returning the Tribe to its rightful role in Yurok Country. He leaves behind his parents, Jacqueline and Don Winter, his sons Troy Fletcher Jr., Cody and Zachary, grandchildren Cody Jr. and Raa-yoy, as well as his wife Kari. Services will be held on Saturday, Nov., 28 at 10 a.m. at the Yurok Tribal office in Klamath. The family asks that in lieu of flowers donations be made to the Aawok Troy Fletcher Memorial Fund, through the Humboldt Area Foundation. HAF’s address is 373 Indianola Rd., Bayside Ca 95524. There will be an opportunity to make a donation at the Saturday service.

 

With Respect,
Javier I. Kinney
Director, Office of Self Governance
Yurok Tribe