STAFF ATTORNEY: Crow Tribe Legislative Branch. Full-time in-house
attorney, Crow Agency, MT. 3+ years experience preferred. Minimum
qualifications include: license to practice law in State of Montana,
strong research and writing skills, respect for and familiarity with
Native American and Crow tribal law and history. General and flexible
practice areas include analysis and drafting of proposed legislation
and ordinances, land and environmental issues, employment law, contract
review, and litigation. Salary DOE. Position open until filled. Crow
Tribal and Native American preference may apply. Please submit cover
letter, resume or curriculum vitae, writing sample, and a list of three
references to: ATTN: Manuel Cover Up, Sr., Speaker of the House, P.O.
Box 309, Crow Agency, Montana 59022.
Team nickname fight continues.....in this round, a lawsuit to PREVENT the nickname from being retired is dismissed
A district court judge has dismissed a lawsuit filed against the North Dakota State Board of Higher Education that sought to prevent the body from retiring the University of North Dakota’s controversial nickname.
Judge Michael G. Sturdevant said in his decision that he would’ve preferred otherwise, but he can see no legal reason that the state board could not change the nickname. Nevertheless he rapped the board for its failure to fight hard to keep the Fighting Sioux nickname.
The higher education board had earlier set an Oct. 31 deadline for both Sioux tribes in the state to approve the nickname and, at its last meeting in November, did not extend the deadline. Because of the litigation, though, the board never formally instructed UND to retire the nickname.
Nickname supporters in the Spirit Lake Dakotah Nation, which approved the nickname by a 67 percent vote, sued shortly before the November meeting seeking to buy time for members of the Standing Rock Sioux Tribe to rally for a similar vote.
Want a REAL tough job in Indian Law? Here's your opportunity....
Department: Department Of The Interior
Agency: Office of the Solicitor
Job Announcement Number: 10-SOL-ES01
Overview
Director, Indian Trust Litigation Office
Salary Range: 117787 to 177000 USD Per Year
Pay based on 2009 salary table
Open Period: 12/4/2009 to 1/4/2010
Series & Grade: ES-0905-00/00
Position Information: Full-Time Permanent
Duty Location: 1 vacancy - Washington DC Metro Area, DC
Who May Be Considered:
Applications will be accepted from all groups of qualified individuals.
Job Summary:
The Solicitor's Office performs the legal work for the United States Department of the Interior. Our primary client is the Secretary of the Interior. We provide advice, counsel and legal representation to the Immediate Office of the Secretary, the Assistant Secretaries, and all other bureaus and offices overseen by the Secretary. The Solicitors Office is organized into the Immediate Office of the Solicitor, the Ethics Office, five legal divisions, an administrative division, and eighteen regional and field offices located throughout the United States. The Director of the Indian Trust Litigation Office serves as a counselor to the Solicitor, with special responsibility for matters relating to American Indian trust responsibilities, litigation, and reform.
Duties
Major Duties:
Serves as the Director of the Indian Trust Litigation Office, managing litigation relating to the Department’s Indian Trust Responsibilities, including all litigation related to Individual Indian Money accounts and Tribal Trust. The Director will perform senior level legal assignments for issues and cases involving programs and projects of special interest to the Solicitor or the Secretary, or matters that cut across areas of responsibility within the Office of the Solicitor. The Director plays a major role in coordinating interests of the various bureaus and offices of the Department. He/she is responsible for programs and activities concerned with individual and tribal Indian trust matters, and the provision of legal services with respect to litigation initiated by or against the Federal Government or officials of the Department involving the Indian trust responsibilities of the United States. Coordinates and directs attorney and support staff participating in litigation on Indian trust matters before trial courts, appellate courts, and other tribunals. Prepares and/or provides guidance and direction in the preparation of appellate briefs and other pleadings. Reviews proposed opinions, rules, regulations, and decisions considered controversial or precedent setting; evaluates proposed or recommended legal strategies and principles; identifies significant underlying legal issues; analyzes the adequacy of the legal position; determines possible consequences of the action on current Secretarial and Administration policy; and, recommends approval or alternatives and when appropriate, exercises final authority for acceptance or non acceptance. Represents the Solicitor or Secretary on task forces, interdisciplinary groups, meetings, conferences, and various departmental committees.
Qualifications and Evaluation
Qualifications:
Applicants must have 1 year of specialized experience at the executive level that is directly related to the duties described and that equipped the candidate with the scope and level of knowledge, skills, and abilities identified below to successfully perform the work. Applicants must have knowledge of the laws, regulations, principles, policies, and procedures related to Indian trust matters to effectively manage and guide Indian trust litigation and reform. You must be a graduate from a law school accredited by the American Bar Association and be a member in good standing of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico bar. You must clearly show that you possess the experience, knowledge, skills and ability to perform the duties of an executive. To be considered for this position, all applicants must address each of the technical qualifications listed below. In addition, unless you are currently serving under a career Senior Executive Service appointment, are eligible for reinstatement into the Senior Executive Service, or have successfully completed a Senior Executive Service Candidate Development Program approved by OPM and been certified by OPM, you must submit a narrative statement covering each of the Executive Core Qualifications (ECQ) listed below. It is highly recommended that you review the information on the Executive Core Qualifications available at http://www.opm.gov/ses/pdf/SESGUIDE2.pdf (Adobe Acrobat required). Your examples should be clear and concise, and emphasize your level of responsibilities, scope and complexity of programs managed, program accomplishments with results of your actions, policy initiatives and level of contacts. EACH TECHNICAL QUALIFICATION AND EACH ECQ MUST BE ADDRESSED SEPARATELY. Narrative statements addressing ECQ’s must follow the format provided at http://www.opm.gov/ses/pdf/SESGUIDE2.pdf (Adobe Acrobat required) and may not exceed 2 pages for each individual technical and each individual ECQ. You will not be considered for this position if you fail to submit a narrative statement addressing the mandatory ECQ’s and the mandatory technical qualifications requirements. You must be a U.S. citizen to qualify for this position. Be specific in describing results achieved for each of the factors below. Executive Core Qualifications (Mandatory): Unless you are currently serving under a career Senior Executive Service appointment, are eligible for reinstatement into the Senior Executive Service, or have successfully completed a Senior Executive Service Candidate Development Program approved by OPM, you must submit an individual narrative statement which addresses EACH of the five ECQs listed below. The following Fundamental Competencies are cross-cutting and should be addressed over the course of your ECQ narratives. The following competencies are the foundation for success in each of the ECQs below: Interpersonal Skills; Oral Communication; Integrity/Honesty; Written Communication; Continual Learning; and Public Service Motivation. For more information, including definition of competencies for each ECQ, refer to the OPM Guide to Senior Executive Service (SES) Executive Core qualifications at www.opm.gov/ses/ecq.asp. Please provide a written narrative describing your experience that has equipped you with the following qualifications. Your examples should be clear and concise, and emphasize your level of responsibilities, scope and complexity of programs managed, program accomplishments with results of your actions, policy initiatives, and level of contacts. Follow the Challenge-Context-Action-Result Model when writing your ECQ responses. Be specific in describing results achieved for each of the factors. For assistance in preparing your write-ups, click on www.opm.gov/ses/writingstate.asp to view the Guide for writing executive core qualifications statements. ECQ 1 - LEADING CHANGE: Ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment. Competencies: Creativity and Innovation, External Awareness, Flexibility, Resilience, Strategic Thinking, and Vision. ECQ 2 - LEADING PEOPLE: Ability to lead people toward meeting the organization's vision, mission, and goals. Inherent to the ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts. Competencies: Conflict Management, Leveraging Diversity, Developing Others, and Team Building. ECQ 3 - RESULTS DRIVEN: Ability to meet organizational goals and customer expectations. Inherent to this ECQ is the ability to make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks. Competencies: Accountability, Customer Service, Decisiveness, Entrepreneurship, Problem Solving, and Technical Credibility. ECQ 4 - BUSINESS ACUMEN: Ability to manage human, financial, and information resources strategically. Competencies: Financial Management, Human Capital Management, and Technology Management. ECQ 5 - BUILDING COALITIONS: Ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals. Competencies: Partnering, Political Savvy, and Influencing/Negotiating. Technical Qualifications (Mandatory): 1. Knowledge of laws, regulations, and legal opinions concerning American Indian trust matters and management of Indian trust resources. 2. Experience conducting litigation in federal courts, including discovery requirement of the Court of Federal Claims. Applicants who use 'see resume' as a response will not receive consideration for this position.
You must be a graduate from a law school accredited by the American Bar Association and be a member in good standing of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico bar.
How Will You Be Evaluated:
Applicants who meet all the mandatory executive and technical qualifications will be evaluated by a panel of SES members to determine the degree to which they possess each of the listed qualifications. This evaluation will determine which applicants are best qualified. Total background, including experience, education, awards, self-development, and training will be reviewed. This information will be obtained from the application package, including the required narrative statements for the technical and Executive Core Qualifications described above.
Benefits and Other Information
Benefits:
Pay is only part of the compensation you will earn working for the Federal Government. We offer a broad array of benefits programs and family friendly flexibilities to meet the needs of you and your family. Here are some highlights. Look for additional information along with links to pages that spell out the details below at http://www.usajobs.opm.gov/ei61.asp. Our health insurance program is a nationally recognized model that offers you choice and flexibility along with a substantial employer contribution to premiums. And you can pay your share of premiums as well as your out-of-pocket costs with pre-tax dollars. Our leave policy provides ample time off to take care of your personal, your recreational and your health care needs. In addition to 10 paid holidays every year, you will accumulate 13 days of sick leave each year along with 26 vacation days. In addition to these programs that we know will be of interest to you right now, the Federal Government recognizes the need for income replacement and income support benefits down the road.
Other Information:
Persons selected for initial appointment to the career Senior Executive Service must have their Executive Core Qualifications certified by an Office of Personnel Management Qualifications Review Board prior to appointment and will be required to serve a one-year probationary period.
The applicant selected for this position will be required to file a Financial Disclosure Report, SF-278, and the supplemental form, Confidential Statement of Employment and Financial Interest, DI-278. All forms must be filed within 30 days after the selection for this position.
The sensitivity level of the position requires completion of a successful background investigation of the selectee. Prior to appointment, all applicants tentatively selected for this position may be required to submit to urinalysis to screen for illegal drug use.
Veterans Preference does not apply to the Senior Executive Service (SES).
Occasional travel will be required.
Relocation expenses will not be paid.
How to Apply
How to Apply:
Applications must be received by 5pm EST on the closing date of this announcement. Applications (resume and application questions, including the narrative response to the mandatory Executive Core and Technical qualifications requirements) for this announcement may be submitted by mail, fax, or email. If submitting by mail, the address is: Department of the Interior U.S. Geological Survey Office of Human Resources 12201 Sunrise Valley Drive MS 601 Reston, VA 20192-0002 If submitting by fax, the number is: 703-648-7451 If submitting by email, the address is: sbenitez@usgs.gov If you fail to submit a complete application package, you will not be considered for this position. Requests for extensions will not be granted. All applicants must submit the following in order to receive consideration for this position: 1. A resume OR Optional Application for Federal Employment, OF-612. You should include the following information: - Vacancy announcement number - Full name, mailing address, and day and evening telephone numbers - Social Security Number - Educational information, including the name, city and state of colleges or universities you attended, as well as the type and year of any degrees received - Information about your paid and nonpaid work experience related to this position including: - Job title (include series and grade if Federal job) - Duties and accomplishments - Employer's name and address - Supervisor's name and phone number - Starting and ending dates of employment (month and year) - Salary - Indicate if we may contact your current supervisor - Information about honors, awards, and special accomplishments 2. A narrative statement addressing each of the Executive and Technical Qualifications – experience (paid and unpaid), education, training, awards, and/or self-development activities as related to each. Each technical qualification and each ECQ must be addressed separately. The narrative addressing ECQ’s must follow the format provided at www.opm.gov/SES/writingstate.html. Narrative statements may not exceed 2 pages for each individual technical and each individual ECQ. 3. Graduates of approved SES career developments must include a copy of the OPM certification of eligibility and a narrative statement addressing only the technical qualifications. 4. Current or former SES members must submit documentation of their SES status and a narrative statement addressing only the technical qualifications. 5. If a current Federal employee, a copy of a recent SF-50, Notification of Personnel Action, that indicates Federal status, grade, tenure, and type of service. 6. A copy of your most recent annual performance appraisal (from either the Federal or private sector). 7. Candidates are requested to complete the DI-1935, Applicant Background Survey, on a voluntary basis. Information will be used solely to review compliance with Federal law. Failure to complete this form will not affect consideration. The form can be found at http://www.doi.gov/diversity/di1935.htm.
Contact Information:
Sharon Benitez
Phone: 703-648-7462
Fax: 703-648-7451
Internet: sbenitez@usgs.gov
Or Write:
Department Of The Interior
12201 Sunrise Valley Drive
MS 601
Reston VA 20192
US
What to Expect Next:
We will conduct a qualifications evaluation of applicants who supply all requested material. Qualified applicants will be rated and ranked by a panel. Best qualified candidates will be referred to the selecting official for further consideration and possible interview. You will be notified of the outcome after approval of the selectee by our Executive Resources Board.
EEO Policy Statement
The United States Government does not discriminate in employment on the basis of race, color, religion, sex, national origin, political affiliation, sexual orientation, marital status, disability, age, membership in an employee organization, or other non-merit factor.
Reasonable Accommodation
Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
Veterans Information
Veterans who served on active duty in the U.S. Armed Forces and were separated under honorable conditions may be eligible for veterans’ preference. For service beginning after October 15, 1976, the veteran must have served the required length of time and have a Campaign Badge, Expeditionary Medal, a service-connected disability, or have served in the Gulf War between August 2, 1990, and January 2, 1992.
The Veterans Employment Opportunity Act (VEOA) gives veterans access to job vacancies that might otherwise be closed to them. The law allows eligible veterans to compete for vacancies advertised under agency’s promotion procedures when the agency is seeking applications from outside of its own workforce.
To claim veterans’ preference, veterans should be ready to provide a copy of their DD-214, Certificate of Release or Discharge from Active Duty, or other proof. Veterans with service connected disability and others claiming 10 point preference will need to submit Form SF-15, Application for 10-point Veterans’ Preference.
For more specifics on all veterans employment issues such as Veterans preference or special appointing authorities see the VetGuide.
Legal and Regulatory Guidance
Social Security Number - Your Social Security Number is requested under the authority of Executive Order 9397 to uniquely identify your records from those of other applicants who may have the same name. As allowed by law or Presidential directive, your Social Security Number is used to seek information about you from employers, schools, banks, and others who may know you. Failure to provide your Social Security Number on your application materials, will result in your application not being processed.
Privacy Act - Privacy Act Notice (PL 93-579): The information requested here is used to determine qualifications for employment and is authorized under Title 5 U.S.C. 3302 and 3361.
Signature - Before you are hired, you will be required to sign and certify the accuracy of the information in your application.
False Statements - If you make a false statement in any part of your application, you may not be hired; you may be fired after you begin work; or you may be subject to fine, imprisonment, or other disciplinary action.
Selective Service - If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System, or are exempt from having to do so under the Selective Service Law.
....again, courtesy of DNA staff attorney Carolyn Drouin:
The Navajo Nation just had a special election yesterday to vote on whether to reduce the Council and to give the President line item veto power. Here are the current results:
Results of vote yesterday.
On reducing the size of the NNC from 88 to 24
For: 25206
Against: 16839
On the Line Item Veto
For: 24489
Against: 16893
The radio report this morning says the reapportionment goes to the Navajo Election Commission. Haven’t heard on what timeline the NEC has to complete a reapportionment plan.
Court steps into conflict within Navajo government
Courtesy of Carolyn Dourin, the Managing Attorney at the Crownpoint, NM office of DNA (People's Legal Services), the following is the text of today's press release from the Office of the President of the Navajo Nation regarding the Nation's President, Joe Shirley, Jr., obtaining a tribal court injunction nullifying the Tribal Council's previous suspension of him from the office:
NEWS FROM THE NAVAJO NATION OFFICE OF THE PRESIDENT & VICE PRESIDENT
FOR IMMEDIATE RELEASE Dec. 15, 2009
Navajo Nation President Joe Shirley, Jr., returned to authority by permanent injunction issued by Window Rock District Court WINDOW ROCK,
Ariz.
– Navajo Nation President Joe Shirley, Jr., was returned to authority at 6:34 p.m. Monday after a Window Rock District Court judge issued a permanent injunction against the Navajo Nation Council that placed him on administrative leave Oct. 26 – essentially declaring the law the council used null and void for all time.
Following a four-hour evidentiary hearing, District Judge Geraldine Benally ruled that the Navajo Nation Council and Speaker Lawrence T. Morgan acted beyond the scope of their authority when they attempted to place President Shirley on administrative leave, robbed Navajo voters of their chosen leader, and silenced their voice by silencing his. “Because they acted outside the scope of their authority,” said Benjamin C. Runkle, one of the President’s attorneys, “the resolution placing the President on administrative leave was declared by the court to be null and void, and therefore unenforceable as a matter of law.”
As news of the court decision spread, the President gathered with about 25 supporters, members of staff and reporters at 8:30 p.m. at the President’s office. “It comes from the heart when I say it’s good to see you,” President Shirley told them. “Thank you for having been there for me, my wife and my children, and certainly for the office of the people. We’ve gone through some very trying and challenging times but as far as public office goes, politics, sometimes you have to go through some of these things to get at that which is good. And I believe we’ll be getting at that which is good tomorrow.” He was referring to Navajo voters deciding on two government reform initiative questions: whether to reduce the Navajo Nation Council from 88 to 24 delegates, and whether to give the President of the Navajo Nation line item veto authority. “I have confidence we’re going to put two legislations on the books,” President Shirley said. “What’s unique about this legislation is this legislation is coming from the people, something in the history of the Navajo Nation government that’s never been done before. Never.” Sen. Albert Hale, the President’s lawyer in legal challenges the two initiatives faced, said all of these weeks of controversy and even the government reform election could have been prevented had Speaker Morgan and the council abided by the Aug. 13, 2008, memorandum of agreement he signed with President Shirley. “If the Speaker and the council kept their words when they reached an agreement with the President, all of these could have been avoided as well as the litigation that has been very costly to both sides,” he said.
Council Delegate Leonard Tsosie, who represents Pueblo Pintado,
Torreon
and
Whitehorse
Lake
, said the court decision shows that the Navajo people’s laws worked.
“We have a structure that is set up and stable,” he said. “It just took a while but it’s the Navajo concept of harmony. It got pushed but it’s resilient and started pushing back to its position.” Mr. Runkle said that after hearing from the President’s attorneys and the Office of Legislative Counsel, the court permanently prohibited all of the parties – meaning the Speaker and the council – from attempting to enforce the resolution that placed the President on leave. It is possible the council could appeal the decision but Mr. Runkle said he did not believe the court’s decision will be reversed. “I feel confident in an appeal that the result will be the same,” he said. “By the evidence, the council acted outside its authority and it can’t cloak itself in sovereign immunity where it takes action in violation of the law and the dignity of the executive office.” President Shirley’s attorneys – Paul K. Charlton, Mr. Runkle and Kiersten Murphy of the Gallagher & Kennedy Law Offices, and Michelle Dotson of the Office of the President and Vice President – argued that the council did not have the authority to place the President on administrative leave because the statute that it used conflicts with the separation of powers inherent to the three-branch form of government. They said that the council also did not follow procedures under the law in order to enact the resolution. Because of that when it enacted this legislation, it falsely tried to call it “an emergency.”
Further, it twice tried to punish the President for his government reform initiatives through legislation. The first attempt was when it tried to legislatively abolish the Office of the First Lady. When the legislation was brought before the Government Services Committee, the committee killed the legislation. The second attempt was when it tried to abolish the President’s Executive Protection Detail but failed to submit it to the Government Services Committee as required by law. “You can here see a clear intent of the Speaker’s office to punish the President with legislation for his policies, to retaliate against him,” Mr. Runkle said. “When a legislature tries to punish somebody outside the court system, they’re acting outside the scope of their authority.”
The attorneys also argued that under Navajo traditional and fundamental law, there is a due process right to have allegations against you and the charge be heard. The President should at least have had the opportunity to hear the allegations against him, but did not.
“In this case, by using these secret procedures, they effectively robbed the people of their chosen leader when they put him on administrative leave,” Mr. Runkle said. “They silenced his voice and he could no longer speak for those who elected him into office.” President Shirley expressed his appreciation to the law firm of Gallagher & Kennedy, and to his friend Paul K. Charlton for stepping forward to take the case on his behalf. He said from the moment 48 council delegates acted to place him on leave, he believed they should not have done it, and that they did not do right. “It should never have happened in the way that it has…because there’s really nothing there to base it on,” he said. Nonetheless, he said he has been working throughout the six weeks of leave by visiting chapters to educate the public about the two government reform initiatives. “We hung in there with the issue,” he said. “Now I can continue as President of the Navajo Nation. We’ve been very diligent despite that which has been going on, in trying to put a couple of legislations from the people on the books. And I sincerely believe it’s because we were working on that we’ve been put through what we’ve been put through.” # # #
CONTACT George Hardeen, Communications Director Office of the President & Vice President The Navajo Nation DESK 928 871 7917 CELL 928 309 8532 pressoffice@opvp.org georgehardeen@opvp.org
The story is that the US Attorney's Office in Montana has gained some expertise in Indian law by adding two attorneys with Indian Country experience to the staff.
The real questions is why this isn't happening all over Indian Country.
" WASHINGTON – The Obama administration has taken a definitive step to settle a long-running trust mismanagement class action lawsuit involving hundreds of thousands of Native Americans.
The Department of the Interior announced Dec. 8 that it had negotiated a settlement to the Cobell v. Salazar litigation, which could amount to a $1.4 billion payback to Indian plaintiffs involved in the case.
“We are here today to right a past wrong,” Interior Secretary Ken Salazar said during a briefing on the plan held at Interior headquarters.
For the settlement to become final, Congress must pass legislation to approve it, and the court overseeing the case must also agree, said Attorney General Eric Holder."
AH HA!!! There's the rub - actually, two. The court must agree and Congress must come up with the money.
I wouldn't bet on this being truly final anytime soon.
Arizona looks to cross-deputization of law enforcement to solve jurisdictional problems
This is a concept long talked about, but not so often put into practice.....cross-deputization of law enforcement officers. This story about how it's being tried in Arizona comes from the Navajo Times.
"Another major effort is underway to cross-deputize Navajo and non-Navajo law enforcement authorities where the tribal land overlaps the state of Arizona.
County sheriff's deputies will soon be stationed in northern Navajo County, as they are in the Navajo parts of Apache County.
Cross-deputization is a simple concept: Allow county deputies to be sworn in as tribal police and vice versa so they can handle calls in their areas, whether it is reservation land or not.
It's already being done in New Mexico, thanks in large part to a former McKinley County sheriff, Frank Gonzales, who believed strongly in the need for it.
Sheriff's deputies have for years been a common sight on Navajo land in New Mexico, while in Arizona the county sheriffs steered clear of the reservation until recent years, when then Apache County Sheriff Brian Hounshell extended service to Navajo parts of the county.
Navajo land takes up half or more of the landmass and Navajos are the largest population group in Apache and Navajo counties.
Meetings are underway to cross-deputize law officers in Apache and Navajo counties, while Coconino County is said to be interested but is not actively pursuing an agreement with the Navajo Nation."
9th Circuit blocks gold mine on sacred mountain - but on environmental basis
It's only a temporary injunction.
And it's NOT on the basis of the tribe's religious concerns for their sacred mountain.
BUT, the 9th Circuit Court of Appeals did issue an injunction against the construction of an open pit strip mine for gold in Nevada.
"In reversing an earlier ruling, the judges in San Francisco said the U.S. Bureau of Land Management failed to adequately analyze the mine's potential to pollute the air with mercury emissions and dry up scarce water resources in Nevada's high desert. The project is located on Mount Tenabo, about 250 miles east of Reno.
The appellate judges concluded BLM's review was inadequate under the National Environmental Policy Act, which requires a thorough examination of large-scale projects on federal land. They said the agency didn't fully consider the air quality impacts resulting from transporting ore to an off-site processing facility 70 miles away.
The judges also said the review didn't do enough to examine the likelihood that pumping water out of the pit would cause the groundwater level to drop and potentially dry up more than a dozen streams and springs.
The ruling Thursday sends the case back to federal court in Reno until the BLM revises its environmental impact statement.
In the ruling, the appellate court upheld a federal judge's finding that opponents of the mine failed to prove they were likely to prevail on claims the mine would cause visual harm to Mount Tenabo and create a substantial burden on the tribes' ability to exercise their religion."
JOB TITLE: Chief Judge, Quechan Tribal Court SALARY: $60,000 – $65,000 per year SUPERVISION: Quechan Tribal Council TERM: Three (3) year appointment. OPENING DATE: November 30, 2009 CLOSING DATE: Open Until Filled – First Review December 18, 2009
QUALIFICATIONS
Twenty-five years of age or older
Minimum of two years’ of college-level courses a four‑year degree is preferred but work experience as a court employee, particularly in a tribal court system, can be substituted for education (one calendar year work experience = one school-year education experience)
Must be of good moral character and integrity with no felony convictions and no misdemeanor convictions within one year.
Proficient in reading, analyzing and applying case and statutory law to the facts of a case.
Must be capable of preparing papers and reports incidental to the office of judge and demonstrate knowledge of and ability to interpret, the Quechan Law and Order Code.
Must have a good understanding of tribal, federal and state law and court procedure in criminal and civil proceedings and must be particularly knowledgeable about federal Indian law and the rights of Indians and Indian tribes.
MINIMUM QUALIFICATIONS
An enrolled member of any tribe, or
The parent, child, or spouse of an enrolled member of the Quechan Tribe, or
Domiciled within the Fort Yuma Indian Reservation, or
An Attorney
DUTIES
The duties of the Chief Judge include, but are not limited to, the following:
Conducting court sessions in civil and criminal cases.
Efficient management of the Tribal Court systems docket so that all cases are heard in a timely and just manner.
Supervision and training of court personnel and the establishment of court rules and administrative procedures to aid in the efficient administration of the Tribal Court system.
Attending regional and national training for tribal court judges and other judicial training programs.
Overall administration of the Quechan Tribal Court system.
SKILLS
The required skills of the Chief Judge include, but are not limited to the following:
Arbitrating disputes, advising counsel, litigants and juries of applicable law and court procedures.
Understanding, interpreting and applying tribal law, and if and when applicable or persuasive, in the absence of applicable tribal law, federal or state law.
Understanding pleadings, application of rules of evidence, the judicial process, including but not limited to, before, during and after trial, and preliminary proceedings.
Writing judicial opinions or orally explaining judicial opinions to litigants from the bench.
The ability to work with other professionals, including, but not limited to, attorneys, social workers, psychologists, police officers, judges from other courts, court personnel, and other representatives of the court and governments of other Indian tribes, the State of Arizona and other states and the United States.
Prepare written reports to the Tribal Council and for the Bureau of Indian Affairs (BIA).
FOR MORE INFORMATION AND TO APPLY:
Submit a letter of interest, resume and a legal writing sample and three letters of reference to:
Quechan Indian Tribe Human Resource Department 350 Picacho Road, Winterhaven, CA 92283 Telephone: (760) 572-0213
Mailing Address: Quechan Indian Tribe Human Resource Department P. O. Box 1899, Yuma, AZ 85366 Fax: (760) 572-0515
(All resumes must be accompanied by a Tribal Application)
All offers of employment are conditional on the successful completion of a drug test and background investigation. Preference in filling vacancies is given to qualified Indian Candidates in accordance with the Indian Preference Act (Title 25, U.S. Code, Sections 472 & 473). Applicants claiming Native American Preference must present valid evidence of Tribal Affiliation. In other than the above, the Quechan Tribe is an Equal Opportunity Employer. The Quechan Tribe adheres to the Drug-Free Workplace Act of 1988.
the Indigenous Law Journal at the University of Toronto:
Call for Submissions
The Indigenous Law Journal at the University of Toronto announces its second call for submissions for Volume IX (Fall 2010). Both students and professionals are encouraged to submit.
We encourage you to post and forward the Call widely.
* * *
The Indigenous Law Journal is dedicated to developing dialogue and scholarship in the field of Indigenous legal issues in Canada & internationally. We encourage submissions from all perspectives. Our central concerns are Indigenous legal systems and legal systems as they affect Indigenous peoples.
We strongly encourage contributors to submit works focusing on Indigenous legal orders. Submissions on legal systems as they affect Indigenous peoples will continue to be accepted.
* * *
Please address questions to Ajay Winterburn and Mark Gustafson, Co-Editors-in-Chief, at:
