Native American Law Blog

Followup - Navajo Times reports "substantial" evidence against Navajo Nation President Shirley

From the Navajo Times:

There is "substantial" evidence against President Joe Shirley Jr. and Chief of Staff Patrick Sandoval for alleged violations of the Navajo Nation's ethics law, according to the executive summary of a report that was part of the basis for placing Shirley on leave with pay.  Titled "Legal Violations of Navajo Nation Officials and Employees Arising from the Nation's Contractual History with OnSat," the report is the result of an investigation commissioned by the Navajo Nation Council in January.

The council requested the investigation following a tribal audit of OnSat. Sacks Tierney, a law firm based in Scottsdale, Ariz., was hired to investigate whether any of the actions of tribal officials might violate the tribe's laws.

The executive summary, a copy of which was obtained by the Navajo Times, states that "the evidence is substantial that President Shirley and Sandoval appeared to give preferential treatment to OnSat and appeared to compromise their independence and impartiality which gives rise to liability under (ethics law) section 3745(B)."

That section of the Navajo Nation Code prohibits "engaging in conduct that appears to give preferential treatment to special interests or to compromise impartiality."

Shirley, in a telephone interview Wednesday, said there was no preferential treatment for OnSat."

See the full story HERE.

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Major changes to SBA rules for tribal corporations proposed

Business corporations formed under the provisions of the Small Business Administration laws and rules known as 8(a) corporations are facing a proposal for a major change.  As reported in the Anchorage Daily News, "A federal agency is proposing big changes to the controversial contracting program for minorities that spurred massive growth among Alaska Native corporations over the past decade.  The agency, the federal Small Business Administration, on Wednesday published a 31-page proposed rule comprising many changes to its contracting program for minority-owned, disadvantaged businesses, including Alaska Native firms."

See the full story HERE.

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Big legal/political stirrings on the Navajo Nation

The short version - the Navajo Nation Council, exercising a rarely-used provision in Dine law in a special session, has placed the Navajo Nation President, Joe Shirley, on administrative leave pending an investigation.  The matter is now in the hands of the Navajo Nation's Attorney General, who will either conduct the investigation or hire a special prosecutor to do so.  Formal charges have NOT yet been brought, and according to the story in the Navajo Times, President Shirley has not yet been informed of the allegations that brought about the forced leave from office.

You can read the Navajo Times story HERE.  The story in the Arizona Daily Sun is HERE.

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Does tribal sovereign immunity shield tribes and leaders from testifying about "internal tribal matters?"

That's what the Narragansett Tribe claims, as it seeks to block a state subpoena that would require a Tribal Councilman to take the stand in a child custody case involving ICWA claims.  The state court seeks information about the tribe's enrollment procedures.  The tribe says that goes to internal tribal government matters that are protected from state action.

See the full story HERE in the Providence Journal-News.

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Staff Attorney Position - NM Legal Aid - Zuni Pueblo

Staff Attorney - Gallup Office

New Mexico Legal Aid (NMLA) has an opening for a Staff Attorney in its Gallup Office. One (1) or more years of legal experience required. NMLA represents low-income individuals and families in a wide variety of poverty law areas including family law, housing, public benefits, consumer and Native American issues. Expectation is that attorney will be active in local bar and community activities. The position offers opportunity to work with Zuni people and practice law in theZuni Trbal Court. The candidate will handle general pverty law cases, utilizing a computerized case management system, participate in community education and outreach to those in need of housing and other benefits, and participate in recruitment of pro bono attorneys. The position also includes work with Zuni people on cases and matters involving Federal Indian and Tribal law issues, including representation of low income individuals in the Zuni Tribal Court. A percentage of the attorney's time will be devoted to NMLA's Native American Program issues. Requirements: Candidates must possess excellent writing and oral communication skills, ability to manage multiple tasks, skills sufficient to implement an array of advocacy strategies, ability to manage a caseload, and the ability to build collaborative relationships within the community. Proficiency in Spanish is a plus. Reliable transportation is mandatory. New Mexico bar license is preferred. Candidate will be required to become a member of the Zuni bar upon hire. NMLA offers an excellent benefits package, including generous leave, health insurance and opportunities for training. Competitive salary based on experience, DOE. NMLA is an EEO Employer. Send Resume, two references and a writing sample to: Gloria A. Molinar, NMLA, PO Box 25486, Albuquerque, NM 87125-5486 and or email to: gloriam@nmlegalaid.org; Deadline:10/30/09

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Followup - a different path towards a resolution of the conflict over snowmaking on the San Francisco Peaks?

We've followed this story for some time - the Arizona Snowbowl is a ski area located in the San Francisco Peaks, near Flagstaff, Arizona.  The area plans to make snow using "reclaimed sewage" from the Flagstaff system, which is strongly opposed by Indian tribes of the area, which regard the peaks as sacred.

It's been all the way up to the US Supreme Court on the religious aspect, as previously reported here on the blog and elsewhere, and the results weren't good for the tribes.  More recently, a new challenge to the snowmaking has been filed in federal district court on the basis of environmental law theories.

But here's an interesting twist that MIGHT make for a different kind of resolution to the problem - the Navajo Nation is in the process of legislation that would have the Tribe actually BUY the ski area.....meaning they could then choose to not make snow for the area with "reclaimed sewage" water.

This is, as of this writing still in the very preliminary stages......you can read the full story HERE in the Arizona Daily Sun.

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Hopis re-constitute appellate court

The Navajo-Hopi Observer reports that the Hopi Tribal Government, which has been in significant disarray for some considerable time, has, as one means of addressing that disarray, re-established the Hopi Tribal Appellate Court, now consisting of Anna M. Atencio, Paul S. Berman and Robert Clinton, each with a six month term. 

See the full story HERE.

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JOBS:Chief Prosecutor, Hopi Tribe

Date: 10/22/2009 3:00 AM

Contact: Nancy F. Piqösa, Employment Coordinator
Employer: The Hopi Tribe
Address:P.O. Box 123
CityStateZip: Kykotsmovi, AZ 86039
Email: NPiqosa@hopi.nsn.us
Phone: 928-734-3219
Fax: 928-734-6611


JobTitle: Chief Prosecutor
Salary: D.O.E

Qualifications:
Required Education and experience: Juris Doctorate; and four (4) years para-legal or administrative work experience with increasing management responsibilities in a federal, state or tribal judicial or law enforcement field.

Description: Please contact tribe for more information

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JOB: California Indian Legal Services

Date: 10/16/2009 9:54:21 AM

Contact: Patricia De La Cruz-Lynas
Employer: California Indian Legal Services
Address1: 609 S. Escondido Blvd
CityStateZip: Escondido, CA 92025
Email: hiring@calindian.org
Website: www.calindian.org
Phone: 760-746-8941
Fax: 760-746-1815
AcceptingCalls: Yes

JobTitle: Staff Attorney - Eureka Office

Salary: Competitive salary D.O.E full family/partner medical and dental benefits, LTD, life insurance, generous leave policy and potential for annual performance bonus.

Hours: Full Time

Description: Staff attorney will work with Indian individuals, families, organizations and tribal governments in all areas of Federal Indian law, including but not limited to, advising on issues involving jurisdiction, tax, estate planning, trust assets, environmental law, cultural resource protection, Indian education, natural resource development, tribal governance, tribal justice systems, employment, and the Indian Child Welfare Act. Responsibilities may range from the provision of brief counsel and services to low income Indian individuals to representing individuals and tribes in state and federal court, negotiating contracts, advising tribal clients and developing and implementing constitutions, codes, and policies for tribal clients.

Experience: Graduate,Current Bar Members

Submit: Resume,Cover Letter,Writing Sample

SubmitOther: * J.D. degree with exceptional academic achievement.
* Licensed to practice in California.
* Demonstrated knowledge of Federal Indian law with a minimum of three years experience practicing law.
* Excellent oral and written communication skills.
* A willingness to assume a varied caseload.
* Strong work ethic and able to work nights and weekends when many tribal councils meet.
* Ability to travel overnight, valid driver?s license.
* A demonstrated commitment to providing high quality legal services for Indian people.
The following qualifications are desirable but not absolutely required:
* Experience working with Indian individuals or tribes.

* Prior legal services experience.

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Followup - Florida-Seminole gaming agreement seems still distant

From the Naples (Florida) News:

"So much for the rush to ink a Seminole compact.

Two months after negotiators raced to meet a deadline for the $3 billion gambling deal between the state and tribe, progress has slowed to a crawl.

Legislators must approve any deal before it is forwarded to the federal government. Yet, lawmakers rejected an October special session on the issue, and a November session appears unlikely. Some have said the complexity of the agreement and its potential impact for the state are reasons more time is needed."

See the full story HERE.

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Traditional Seminole Nation leader claims laws don't apply - won't pay child support

Does being the "spiritual leader of an independent Native American community" make one exempt from the laws of the US and of the state?  Bobby Billie claims that it does...and that he can't be required to support his children with an Anglo mother as a result.

Please note, this is NOT a case involving the Seminole Tribe of Florida, a federally recognized tribe.  The "Independent Traditional Seminole Nation of Florida" is not federally recognized.

You can read the full story HERE in the Orlando Sentinel online.

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JOB: LaPena Law Corp

Job Title Attorney
Job Location Sacramento, CA

Job Description
The LaPena Law Corporation represents tribal clients on tribal, cultural, governmental, and economic development matters. We represent Indian tribes in tribal governmental operations; fee-to-trust and related real estate issues on and off reservation lands; selection and establishment of tribal entities; cultural resource protection; financing of tribal operations and development projects; gaming development and gaming regulation; establishing and counseling tribal gaming commissions; preparation of tribal codes and constitutions; housing development and finance; grant writing; Indian law litigation including environmental issues, contract disputes, Indian child welfare, and gaming; and other Indian law matters.

We seek an associate attorney to join our growing Sacramento office. Qualified candidates must possess a Juris Doctorate degree from an ABA accredited law school, California State Bar license. An academic or practical background in Federal Indian law is preferred.
Candidates must also possess excellent analytical, research and communication skills, and the ability to work well independently and as a team in a fast paced environment.
We offer excellent salary and bonus compensation, and a benefit package.

Please email your cover letter, resume, a writing sample, and law school transcripts if graduated within the past five years to AmyAnn Taylor at ataylor@lapenalaw.com.

Organization Name LaPena Law Corporation
Contact Name AmyAnn Taylor
Business Address 2331 Capitol Avenue
City Sacramento State CA Zip 95816

Business Phone
Business FAX 916-442-9907
Business Email ataylor@lapenalaw.com
Web Address www.lapenalaw.com#http://www.lapenalaw.com#

Will they accept applicant inquiries? no

Salary Range
Application Deadline 11/15/2009

Eligible Applicants
1L no
2L no
3L no
Alumni yes

Applicant Information Requested

Resume
yes
Writing Sample
yes
Law School Transcript
no
Reference Letters
no
Other

yes

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JOB: Nordaus Law Firm

Job Title Associate Attorney - Santa Fe
Job Location Santa Fe, NM

Job Description
The Nordhaus Law Firm, LLP is seeking a full time associate attorney with one to three years of relevant experience to work primarily on Indian water rights litigation in our Santa Fe, New Mexico office starting on or about October 15, 2009. Demonstrated interest in Indian law is required.

Experience in water law and/or Indian law is strongly preferred. The Firm is dedicated to the representation of Indian Tribes and Tribal entities on environmental issues, natural resource protection and development, jurisdictional issues, Tribal governance issues, economic development projects, and in administrative and regulatory processes as well as in trial and appellate litigation. Native Americans are encouraged to apply. Please apply immediately by
submitting: (1) a cover letter describing your interest in and qualifications for the position, (2) a resume, (3) a legal writing sample, (4) a list of references, and (5) an official law school transcript to Hiring Partner Santa Fe Position, Nordhaus Law Firm, LLP, 1239 Paseo de Peralta, Santa Fe, NM 87501. You may submit your application by email to hiringpartner@nordhauslaw.com.

Organization Name Nordhaus Law Firm LLP
Contact Name Hiring Partner
Business Address 1239 Paseo de Peralta
City Santa Fe State NM Zip 87504

Business Phone (505) 982-3622
Business FAX (505) 982-1827
Business Email hiringpartner@nordhauslaw.com
Web Address #http://www.nordhauslaw.com/#

Will they accept applicant inquiries? no

Salary Range
Application Deadline 10/31/2009

Eligible Applicants
1L no
2L no
3L no
Alumni yes

Applicant Information Requested

Resume
yes
Writing Sample
yes
Law School Transcript
yes
Reference Letters
yes
Other
no


Please apply immediately by submitting: (1) a cover letter describing your interest in and qualifications for the position, (2) a resume, (3) a legal writing sample, (4) a list of references, and (5) an official law school transcript.

Experience Required

1 - 3 Years

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IMPORTANT deadline coming up for Native American sex abuse victims

As reported by the Great Falls Tribune, "Native Americans sexually abused by Jesuit priests have less than two months to seek damages from the bankrupt church.

The Society of Jesus, Oregon Province filed for bankruptcy protection in February in the wake of more than 200 lawsuits alleging that priests sexually abused children in northwestern states.

One condition was that victims have until Nov. 30 to file an abuse lawsuit against the Jesuits. After that, no claims can be brought against them. The Jesuits have since 2001 paid out more than $25 million to sex abuse victims."

See the full story HERE.

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Native American religion - inside a county jail. One man's efforts....

In Montezuma County,  Colorado, 41 percent of the roughly 120 county detention center inmates were Native Americans.  But a jail isn't exactly set up to provide for the religious needs of Indians.  HERE is a story on how one man, Art Neskahi, has been trying to help with the problem.  

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JOB: Ho-Chunk Nation Court System Staff Attorney

Date: 10/9/2009 12:30:07 PM

Contact: Hon. Todd R. Matha
Employer: Ho-Chunk Nation Trial Court
Address1: PO Box 70
CityStateZip: Black River Falls, WI 54615
Email: todd.matha@ho-chunk.com
Website: http://www.ho-chunknation.com/?PageId=107
AcceptingCalls: No

JobTitle: Staff Attorney/Law Clerk
Salary: $50,000/yr.
Hours: 40
Description: Staff Attorney/Law Clerk
The Ho-Chunk Nation Judiciary instituted the law clerk program shortly after its establishment in 1995. The Judiciary employs two law clerks for staggered terms of two years beginning on or around July 1. Several recent law school graduates have participated in the program since its inception, and many of those individuals currently practice and/or teach in the area of Indian law. The intention of the program is to provide a starting attorney with the necessary foundation to ably continue in this regard.

An interested applicant must submit the following documents to receive consideration for the law clerk position: 1) cover letter, 2) recent r?sum?, 3) transcript from an accredited law school, 4) writing sample, and 5) contact information for three professional/academic references. The Judiciary must receive the above application materials by mail on or before December 31, 2009. Applicants should direct materials to the following address:
Ho-Chunk Nation Trial Court
Attn.: Hon. Todd R. Matha
P.O. Box 70
Black River Falls, WI 54615-0070
The Judiciary will inform applicants of the need to attend an on-site interview, and consequently applicants must be willing to travel to Wa Ehi Hoci for such purpose. The Judiciary will reimburse travel expenses to the extent possible. This reimbursement may include overnight accommodation.

Job Description

POSITION: STAFF ATTORNEY / LAW CLERK
DEPARTMENT: JUDICIARY/HO-CHUNK NATION COURT SYSTEM
SALARY: $50,000 / yr. or $24.03/ hr.
SUPERVISOR: CHIEF JUDGE OF THE TRIAL COURTS
DUTIES & RESPONSIBILITIES:
1. Legal research and drafting of memoranda for Trial Court Judges and Supreme Court Justices on questions of law.
2. Research legal issues identified by the Chief Judge, Associate Judges and Supreme Court Justice and prepare written memoranda, draft opinions and bench memos as directed.
3. Compile case law and make it available to users of the HCN Court System.
4. Field questions from court users and design court forms as needed.
5. Responsible for editing monthly Court bulletins, maintains opinion summaries and law library.
6. Maintain and advise on updates to the law library.
7. Coordinate HCN Law Day and maintain records necessary for CLE accreditation with State Bar of Wisconsin.
8. Coordinate HCN Bar Admission for the HCN Supreme Court and occasionally assist in drafting and issuing various Court Rules.
9. Must assist with Lay Advocate Training.
10. Responsible to work with minimal supervision and exercise their independent legal evaluation throughout the workday.
11. Other duties as assigned by supervisor.
QUALIFICATIONS:
1. Graduation from an accredited law school.
2. Membership in good standing with ANY state bar within 1 year of employment.
3. Strong research and writing skills.
4. Strong word processing and computer research skills including familiarity with INTERNET access.
5. Demonstrated interest in and familiarity with Tribal and Federal Indian Law.
6. Fluency in Ho-Chunk Language desired but not required.
7. Preference to members of the Ho-Chunk Nation, other Native Americans.
8. Valid driver?s license, dependable transportation and proper insurance, is required.

Experience: 3L,Graduate,Taking Next Bar,Bar Passage

Submit: Resume,Cover Letter,Transcript,Writing Sample

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One tribe suing another...not what you see everyday....

According to theday.com, "An Arizona Indian tribe is suing the Mashantucket Pequot Tribal Nation in tribal court, alleging the Mashantuckets' Pequot Plus Health Benefit Services mishandled the White Mountain Apache Tribe's medical claims in 2007 and 2008."

See the full story HERE.

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Nationa American Indian Court Judge's Association Annual Meeting upcoming

From their press release and website:

The National American Indian Court Judge's Association will hold its 40th Annual Meeting and Tribal Judicial Conference. The conference will be held the Isleta Hotel and Casino in Albuquerque, New Mexico. Our conference is the only conference of its kind dedicated to enhancing tribal courts and judges.

This year's NAICJA conference will be special as we will be celebrating our 40th anniversary and returning to our beginning roots in Albuquerque. This year the conference theme is "40 years of enhancing tribal justice".

In conjunction with the Annual Conference, NAICJA will host training sessions for tribal court clerks (click here to view the agenda). Tribal court clerks are a vital part of the tribal justice system. It is important that court clerks be informed and keep up-todate with developments in judicial decisions, ethics, and maintain a high quality of professionalism. NAICJA welcomes the tribal court clerks to our Annual Conference for the fourth year in a row. All tribal judges are encouraged to bring their court clerks.

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Followup - Winslow Friday eagle feather case to be tried in tribal court

It's gone all the way up the Supreme Court (cert. denied) and back over the issue of religious freedom, but it's finally down to this - Winslow Friday, a Northern Arapaho man who shot an eagle for use in the Sun Dance in violation of federal law will be tried in the tribal court.  See the full story HERE from the AP and published in the Cherokee Phoenix online.

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Article in "Arizona Attorney" on domestic violence cases in tribal court

Our colleague Sylvia J. Strauss has a recently published article in DV cases in tribal court in the October edition of the "Arizona Attorney," the publication of the Arizona Bar.  You can find it HERE.

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