Native American Law Blog

Job Opening with California Indian Legal Services

Eureka Staff Attorney

Program Description:
California Indian Legal Services is a statewide, tribally controlled, non-profit corporation that provides legal services to individual Indians, Indian tribes, and Indian organizations on issues involving Federal Indian law.  CILS attorney services range from providing brief counsel and advice to low income Native Americans to more extended representation on core legal issues affecting Native Americans and Indian tribes, to significant litigation, policy analysis and advocacy, to transactional services to tribes involving economic development and tribal infrastructure.  Currently, CILS operates four offices in California.

Job 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.

Qualifications:

*          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.

Salary:

Competitive salary D.O.E.  Full family/partner medical and dental benefits, LTD, life insurance, generous leave policies and potential annual performance bonus.

To Apply:

Please submit resume, cover letter, and writing sample to Patricia De La Cruz-Lynas, Director of Administration, California Indian Legal Services, 609 S. Escondido Blvd., Escondido, CA 92025, (Fax) 760-746-1815.  E-mail hiring@calindian.org.  All applicants will be notified when a final hiring decision is made.

CALIFORNIA INDIAN LEGAL SERVICES IS AN EQUAL OPPORTUNITY EMPLOYER.  NATIVE AMERICANS, WOMEN, MINORITIES AND THE DISABLED ARE ENCOURAGED TO APPLY.

ONLINE Native American studies courses offered by MSU

According to the AP story - "BOZEMAN, Mont. (AP) – Montana State University is adding two online Native American Studies courses this spring.

One class, “Federal Indian Law and Policy,” is a graduate course that will trace the history and complexity of Indian law, covering treaties, water rights, natural resource development and tribal businesses.

William Eggers III, a Crow tribal member and adjunct instructor at Little Big Horn College, Rocky Mountain College and MSU, is instructor for the course.

MSU will also offer the online course “Native America: Dispelling the Myths.” The graduate course will explore a series of assumptions commonly held by non-Indians and sometimes Indians, as well. The instructors are Kristin Ruppel and Rebecca Wingo, both of MSU’s Department of Native American Studies."

twp

After long political turmoil, Hopi Tribe has elections...

.....and a new chairman and vice chairman in the persons of Leroy Ned Shingoitewa and Herman Honanie, respectively.

See the full story HERE in the Navajo-Hopi Observer.

twp

A "save the date" notice for a conference next year......

Save the Date
	12th National Indian Nations Conference
	Justice for Victims of Crime
	December 9-11, 2010 Agua Caliente Reservation Palm Springs, California This national conference will provide opportunities for education, skills building, and strategies on a wide variety of important issues pertaining to victimization in tribal communities. Questions: Tribal Law & Policy Institute 8235 Santa Monica Blvd., Suite 211 West Hollywood, CA 90046 conference@tlpi.org Pre-Conference Institutes will be held on December 8, 2010. Registration Packets will be available mid 2010.

US Supreme Court denies certiorari in Harjo and Elliot cases

The high Court has today denied cert. in Harjo (Washington football team Indian trademark) and Elliot (tribal jurisdiction) cases.  This is not surprising....the Supreme Court denies cert. in the overwhelming number of cases it is asked to consider.  (A lot of Indian law practitioners were hoping for a little more clarity in tribal jurisdiction cases and exhaustion doctrine from a ruling in Elliot, however.  Ah, well......)

twp

Can Indians living OFF-reservation be forced to pay income tax when those living ON-reservation cannot?

An interesting question - a California tribe has members living both on and off-reservation.  The tribe also has casino money, which it dispenses to its members.  Those members living ON the reservation don't have to pay state income tax on that money....but California wants the taxes from those who have to live OFF the reservation (since the tribe simply doesn't have housing for them on the rez).

Naturally, this is going to court.

See the full story HERE.

twp

Live-blogging from the D.C. Indian Law Conference - part 3

The first afternoon session - "Civil and Regulatory Jurisdiction Fix" - this is a fairly technical aspect of Indian Law, and also pretty complex and confusing.  What was REALLY of interest, however, was the appearance on the panel of Ms. Kimberly Teehee, current White House Domestic Policy Council member, i.e., the chief advisor to President Obama's administration on Indian matters.  Sadly, however, there were not great revelations or pronouncements emerging.  Ms. Teehee talked a lot about comprehensive solutions and combining resources and leveraging all resources and taking a multi-agency approach, but offered no solutions.  While this administration supports the Tribal Law and Order bill currently pending in Congress that would strengthen tribal court systems and improve their criminal jurisdiction to some degree, that is the only initiative that seems to be actually on the table at the moment.  At the core of her concerns seems to be the need to address domestic violence in Indian Country....a laudable goal, but  still has not produced much concrete action that would presumably lead to permanent change in Indian Country.

To be completely fair to Ms. Teehee, she also talked, and credibly so, about how difficult it is to get legislation through Congress to address such broad issues as civil and criminal jurisdiction in Indian Country, and how there is a much stronger political and PR aspect to these problems than those not directly involved in the political process often realize.

Live-blogging from the D.C. Indian Law Conference - part 2

The lunch keynote speaker really was one of note - Ms. Hilary Tompkins, the fairly-newly-appointed Solicitor for the Department of the Interior.  Her speech was pretty general, and somewhat circumscribed by the (appropriate and fair) concern about not commenting on pending cases.

However, more revealing was the Q and A period - some interesting and pertinent comments (to the best of my note-taking and recollection abilities):

What about a Carcieri Fix?  The Department is aware of currently pending legislation, and unlike in previous sessions of Congress, is not opposing it.

What's the Grand Plan for Indian affairs in your office and the Department of the Interior?  There is no grand master plan, at least as of yet.....but there is a vision of empowering tribal nations, moving beyond the need for "consultation" and towards collaboration and partnership.

What about a civil jurisdiction fix?  No real comment....depends on what happens on the Hill.

What about Obama's promise to resolve the federal trust issues problem (i.e., the current lawsuits, e.., Cobell v. Salazar)?  "Of course, this must involve DOJ, but settlement would be my preferred method.  We are currently conferring with DOJ on the letters we've received on the question of settlement, and we'll let you know when there is a decision."

Can the federal tribal recognition process be changed?  We are aware that there a lot of concerns.  This is driven by BIA.  Larry Echohawks has publically stated that he'll reform the process "starting soon."

There were other questions, but that is a quick summation of what your mild-mannered editor considers to be the most important...

twp

Live-blogging from the D.C. Indian Law Conference - part 1

First impression - what a terrific, beautiful place the National Museum of the American Indian is.

Second impression - I wish the seats in the meeting rooms weren't quite so hard.

OK, more to the legal point - the mornings presentations were on "Ethics of Inter-tribal Investment and Co-Ownership," followed by "Beyond Land-Into-Trust:  Creative Land Ownership Options for Tribes." 
The first presentation sounds like it would be a snoozer, but, in truth, it was not.  There are quite a number of very interesting ethical problems face by law firms who are in the middle of the big money deals being made by tribes, through and with tribal corporations and non-tribal corporations and mixed corporations.  It really can get quite complicated, and the attorney  have to be constantly asking themselves just exactly who they're representing, and what their duties are.

The second - on Creative Land Ownership....it's certainly in a critically important issue area, but there are a lot of proposals on how to deal with it, but no idea how/when/whether or not they'll ever be adopted.  It's certainly interesting food for thought, but hard to tell if it's going to ever be anything more than just thought.

twp

Your mild-mannered blog editor.....

......will be at the Indian Law Conference at the National Museum of the American Indian in Washington, D.C. on Friday. 

    Alas, the Federal Bar Association says that the conference is completely full up, with a waiting list.

    But if any blog-readers already on the list to attend, feel free to track me down and say "hello" while you're there.......

Reminder - Deadline coming up

The Wisconsin Journal of

Law, Gender & Society

 

Announces our 2010 Symposium:

 

Law, Gender and Citizenship:

Contemporary Issues for American Indians and American Immigrants

 

March 5, 2010

University of Wisconsin Law School

Madison, Wisconsin

 

 

We are seeking original scholarship, from both scholars and practitioners, that addresses the intersections of law and gender in the daily lives of two populations, each of which occupies a unique space in American law: American Indians and Immigrants.  Interested parties should send an abstract to WJLGS.Symposium@gmail.com by November 15, 2009.  Those selected for the Symposium will be notified in early January 2010.  The Journal’s Symposium issue will be published in Winter 2010.

 

Questions can be addressed to Symposium Editor Dan Lewerenz, danlewerenz@gmail.com, or Deputy Symposium Editor Kate Frigo, kate.frigo@gmail.com.

 

twp

Followup - Massachusetts Commission delays wind farm to consider Wampanoag's claims

From newsmax.com:

"The nation's first offshore wind farm faces more delay after a top Massachusetts historic preservation officer said that two Indian tribes' claim to Nantucket Sound needed more study.

The decision by Brona Simon, executive director of the Massachusetts Historical Society, means final approval for the Cape Wind project, proposed in 2001, will be delayed by weeks and perhaps months.

Cape Wind seemed near final approval after it passed a major environmental review in January, but that's been delayed by the Wampanoag tribes in Mashpee and Martha's Vineyard.

The tribes argue the entire sound is eligible for a listing on the National Register of Historic Places as their "traditional cultural property."

The Wampanoags say they need that protection because Cape Wind's 130 turbines will be visible several miles away on the horizon, destroying their ancient rituals, which require an unblocked view of the sunrise."

See the full story HERE.

twp

San Manuel Band opens new Tribal Court

My colleagues at the Tribal Court Clearinghouse report the following...

Another Indian Law job posting.....

Title: TRIBAL RIGHTS ATTORNEY
Location: Bethel, AK
Company: Association of Village Council Presidents
Salary: Competitive salary and excellent benefits.
Web/E-mail: www.avcp.org

TRIBAL RIGHTS ATTORNEY

The Association of Village Council Presidents, a non profit organization in Bethel, AK is currently recruiting for a Tribal Rights Attorney.  The Tribal Rights Attorney will provide direct legal representation and assistance to the tribal governments served by AVCP on tribal initiatives, in administrative proceedings, court cases, and legislative issues on matters relating to the following areas of concern: 1. tribal sovereignty, rights of self-governance, and other issues related to tribal rights; 2. natural resources law, including subsistence rights under ANILCA and other applicable laws; and the protection of the civil rights and civil liberties of the tribal community, including fair and equal treatment in the provision of state and federal government services.

QUALIFICATIONS: Juris Doctorate degree from an accredited law school. License to practice law in the State of Alaska or ability to pass the Alaska Bar Exam within six (6) months from date of hire. Prefer three (3) years of experience in Indian law but willing to consider other relevant credentials.

BENEFITS: Competitive salary and excellent benefits.

Contact AVCP’s Human Resources Department at (907) 543-7307 for an application, to submit your resume or for more information. Visit our website at www.avcp.org  Fax (907) 543-7329.

Per PL 93-638 (Indian Self determination & Education Assistance Act) qualified Alaska Native/American Indians are given preference but candidates from all backgrounds are welcome to apply.

twp

General Counsel Job Posting

Pueblo of Pojoaque

General Counsel

The Pueblo of Pojoaque is accepting applications
for General Counsel.
Applicant will assume
diverse roles while working with Pueblopeople, their government and Pueblo corporations.
A background of federal Indian law is
essential. Primary areas of practice include the
areas of domestic affairs, tribal corporations,
water law and general civil law. Criminal lawpractice is at a minimum. Litigation experience
in tribal, state and federal court is highly
prized. Salary is dependent on experience.
Position will be filled within 30 days of this
posting. Send resumes via e-mail to fdemolli@
puebloofpojoaque.org

AND

Associate Attorney Job Posting

Associate Attorney
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 as soon as possible.
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.

twp

Wampanoags seek to block offshore wind farm on religious basis

From Newsmax.com:  "From a blustery perch over a Cape Cod beach, Chuckie Green gestures toward a stretch of horizon where he says construction of the nation's first offshore wind farm would destroy his Indian tribe's religion.

The Wampanoag -- the tribe that welcomed the Pilgrims in the 17th century and known as "The People of the First Light" -- practice sacred rituals requiring an unblocked view of the sunrise. That view won't exist once 130 turbines, each over 400 feet tall, are built in Nantucket Sound, visible to Wampanoag in Mashpee and on Martha's Vineyard.

Tribal rituals, including dancing and chanting, take place at secret sacred sites around the sound at various times, such as the summer and winter solstices and when an elder passes.

The Wampanoag fight to preserve their ceremonies has become the latest obstacle -- some say delay tactic -- for a pioneering wind energy project that seemed at the cusp of final approval."

See the full story HERE.