Native American Law Blog

Special prosecutor - from Washington DC - appointed to investigate Navajo Tribal Council members

We've posted reports on the legal trials and travails of the Navajo Nation government before...here's the latest twist, from The Navajo Times:

A Washington, D.C., lawyer has been selected by the special division of the Window Rock District Court to investigate allegations of illegal and unethical behavior by elected officials and employees of the Navajo Nation.

In a report to the Navajo Nation Council on Monday, Attorney General Louis Denetsosie said Alan Balaran was named special prosecutor after the three-judge panel reviewed three applications Jan. 20.

Balaran, who served as the court-appointed special master in the Cobell trust fund case, will be under the jurisdiction of the special division, Denetsosie added.

On Dec. 28, Denetsosie asked the special division to appoint a special prosecutor to investigate the tribe's contracts with OnSat Network Communications Inc., a $2.2 million loan guarantee to BCDS Manufacturing Inc., and payments from the Navajo Nation Council's discretionary fund to family members of several legislative branch employees.

See the full story HERE.

twp

Attorney Jobs in DOJ, Civil Rights Division

Attached for your distribution are several job announcements recently posted for attorneys to work in the Department of Justice, Civil Rights Division.

Trial Attorney, Employment Litigation Section 10-ATT-001 Closes 3/02/10

http://jobview.usajobs.gov/GetJob.aspx?JobID=85798668&JobTitle=Trial+Attorney&sort=rv%2c-dtex&cn=&rad_units=miles&brd=3876&pp=50&fn=4466&jbf574=DJ*&vw=d&re=134&FedEmp=N&FedPub=Y&caller=agency.aspx&AVSDM=2010-01-20+23%3a25%3a00

Trial Attorney, Education Section 10-ATT-002 Closes 3/18/10

http://jobview.usajobs.gov/GetJob.aspx?JobID=85798670&JobTitle=Trial+Attorney&sort=rv%2c-dtex&cn=&rad_units=miles&brd=3876&pp=50&fn=4466&jbf574=DJ*&vw=d&re=134&FedEmp=N&FedPub=Y&caller=agency.aspx&AVSDM=2010-01-20+23%3a27%3a00

Deputy Chief, Criminal Section 10-ATT-003 Closes 2/11/10

http://jobview.usajobs.gov/GetJob.aspx?JobID=85798699&JobTitle=Deputy+Chief&sort=rv%2c-dtex&cn=&rad_units=miles&brd=3876&pp=50&fn=4466&jbf574=DJ*&vw=d&re=134&FedEmp=N&FedPub=Y&caller=agency.aspx&AVSDM=2010-01-20+23%3a28%3a00


Trial Attorney, Criminal Section 10-ATT-004 Closes 2/18/10

http://jobview.usajobs.gov/GetJob.aspx?JobID=85798727&JobTitle=Trial+Attorney&sort=rv%2c-dtex&cn=&rad_units=miles&brd=3876&pp=50&fn=4466&jbf574=DJ*&vw=d&re=134&FedEmp=N&FedPub=Y&caller=agency.aspx&AVSDM=2010-01-20+23%3a28%3a00

twp

Upcoming conference of interest...

From Seton Hall's website:

OUR COUNTRY, OUR WORLD IN A "POST-RACIAL" ERA
September 9-12, 2010 at Seton Hall Law School

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HOME  »  ABOUT SETON HALL LAW  »  MEDIA/EVENTS  »  THIRD NATIONAL PEOPLE OF COLOR LEGAL SCHOLARSHIP CONFERENCE  

This conference will address critical national and global issues through the lens of legal scholarship that explicitly and implicitly examines contemporary racial context. It will feature panels on the “war on terror,” urban revitalization, criminal law, health care, education, immigration, human trafficking, voting rights, international and comparative law, judicial nominations, environmental justice, and corporate responsibility, among others. It will also include a Junior Faculty and Development Workshop. A media plenary session will explore the meaning of a “post-racial” society and its relevance to legal scholarship and teaching.

We encourage you to submit a proposal for a panel or workshop that fits within the conference’s broad theme, OUR COUNTRY, OUR WORLD IN A "POST-RACIAL" ERA. Please refer to the links on the left for more information about the conference. We look forward to seeing you in Newark in September 2010.

Another job announcement.....

Title: TRIBAL PROSECUTOR
Location: Supai, AZ
Company: THE HAVASUPAI TRIBE

Post Office Box #10, Supai, Arizona 86435
(928) 448-2164/ Fax (928) 448-2130

THE HAVASUPAI TRIBE
JOB ANNOUNCEMENT

POSITION: HAVASUPAI TRIBAL PROSECUTOR
IMMEDIATE SUPERVISOR: HAVASUPAI TRIBAL COUNCIL
CONDITIONS OF EMPLOYMENT: CONTRACTED (BENEFITS)

DUTIES:

• The following examples of duties are intended to be illustrative only and are not intended to be all inclusive or restrictive.
• Prosecuted criminal proceedings in the Havasupai Tribe Court after making initial determinations to prosecute cases.
• Signs, files and presents complaints, subpoenas, process of service, and other necessary documents in criminal proceedings.
• Presents evidence against accused person(s) to the Tribal Court of the Havasupai Tribe; assists in the gathering and analyzing of evidence in all criminal cases.
• Works cooperatively with the Bureau of Indian Affairs, State, County, and other Indian and Federal law enforcement agency personnel.
• Provides technical assistance for the changes in Tribal Ordinances for final approval by the Tribal Council
• Performs related duties as assigned and authorized.

COMPLEXITY

• The work includes varied duties which require the incumbent to apply the principles and concepts of criminal law to a broad range of activities which include a substantial depth of analysis. The assignments are characterized by the breadth and intensity of effort and involve several phrases being pursued concurrently on sequentially with the support of others within or outside of the organization. Decisions regarding what needs to be done include largely undefined issues and elements, requiring extensive probing and analysis to determine the appropriate method involved in processing cases.

SUPERVISION RECEIVED
The Prosecutor receives broad direction from the Tribal Chairman. Independently plans cases in conjunction with the tribal court calendar and meets all required timelines for motions pursuant to the Havasupai Tribal Code, Rules of Criminal Procedures. Exercise flexibility in cases and technical adequacy of methods assumed. Performance is reviewed on the basis of effectiveness and adherence to Tribal Policies and Procedures, Havasupai Tribal Code, and applicable State or Federal Laws.

PERSONAL CONTACTS
Contacts are typically with agencies closely related to the incumbent’s specialty area. Occasional contact is made with other public safety agencies to coordinate prosecution of cases.

PHYSICAL EFFORTS & ENVIRONMENTAL FACTORS
The work is mostly performed in an office environment and in tribal court. Travel on the reservation is required.

MINIMUM QUALIFICATIONS
1. Required Education, Training or Experience

EDUCATION
Must have practice Tribal Advocacy in Tribal Courts, A minimum of 03 years experience in adult criminal and/or juvenile court including tribal experience, Must possess Knowledge of Federal Indian law, ICRA, ICWA, and Federal rules of Evidence preferred. Must have never been convicted of a felony and not convicted of any misdemeanor in the past twelve months. Requirements: Must pass a Criminal background check.

2. Required Knowledge, skills and abilities:

Knowledge: Working knowledge of principles, policies and procedures, codes, law and status of enforcement.  Some knowledge of the missions, goals, policies and procedures of the Havasupai Tribe.

Skill in:

• Interpreting policies, ordinances and laws
• Gathering and analyzing evidence
• Verbal and written communication
• Must be computer literate

Ability to:
Apply appropriate codes, laws and statues
Make decisions and act with tact and impartiality
Establish and maintain effective working relations with others
Do legal research with limited supervision
Maintain flexible hours

NECESSARY SPECIAL REQUIREMENTS
Must have never been convicted of a felony
Must possess a valid Arizona Driver’s License
Applicant must be at least twenty-five (25) years of age.

DESIRED:
Preference for applicant with knowledge of Havasupai Tribal customs and traditional practices.

In the "it's about time" category.....from the Tulsa World....

Changes could be coming to the way federal courts in Oklahoma handle certain crimes committed in Indian Country, including some cases that fall through the cracks. The Tulsa-based federal court for the Northern District of Oklahoma is creating a misdemeanor docket to handle crimes that occur in Indian Country, while the Muskogee-based federal court for the Eastern District of Oklahoma will review its practices to determine what sort of changes to implement. Indian Country, which in Oklahoma includes trust land and allotment land, is a jurisdictional patchwork, depending on who commits the crime, who the victim is and what type of crime is committed. Non-Indians who commit misdemeanors or crimes not listed in the Major Crimes Act — which covers most felonies — on Indian land often are not prosecuted. Many federal courts don't have dockets to handle petty crimes, while tribal courts, which can sentence criminal defendants only to a maximum of one year in jail and a $5,000 fine, do not have jurisdiction to prosecute non-Indians. Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?articleid=20100122_11_A15_Change673198

twp

Speaking as a current LLM student at University of Tulsa Law School, I can only say GO TEAM!!!!

National Native American Law Student Competition, 18-20 February In South Dakota 

 On February 18-20, 2010 the University of South Dakota School of Law will host the National Native American Law Students Association (NALSA) Moot Court Competition, in conjunction with a scholarly symposium co-sponsored by the South Dakota Law Review and the USD NALSA chapter and with the biennial Dillon Lecture on Indian law. The symposium represents the first time the annual Law Review Symposium has been combined with the NALSA Indian Law Symposium. Student teams from across the country will participate in the National NALSA Moot Court Competition. Teams already registered include the University of Arizona, Arizona State University, University of California-Berkeley, University of Colorado, Columbia University, Gonzaga University, University of Hawaii, University of Iowa, Kansas University, Lewis & Clark University, University of Michigan, Michigan State University, University of Minnesota, University of New Mexico, University of North Dakota, University of Oklahoma, Stanford University, University of Tulsa, UCLA, University of Wisconsin, and William Mitchell College of Law. The appellate problem for the competition has been drafted by USD Professor Frank Pommersheim, an internationally recognized Indian law expert who sits on several tribal supreme courts. It will involve issues of free exercise of religion in Indian Country. Judges for the Moot Court Competition will include members of the tribal, federal, and state judiciary and lawyers with expertise in Indian law. The Dillon Lecture will be presented by Professor Matthew Fletcher (Grand Traverse Band of Ottawa and Chippewa Indians), Director of the Indigenous Law & Policy Center of the Michigan State University College of Law. Professor Fletcher is a co-author of the leading national casebook on federal Indian law and a judge and consultant to tribal supreme courts. Sponsorship opportunities are available and the funds will be used for the expenses of the National NALSA Moot Court Competition and NALSA Indian Law/South Dakota Law Review Symposium, including the original Donald Montileaux artwork and permission to use it for the Moot Court Competition materials; a graduate assistantship; additional staff support; honoraria for the Dillon Lecturer and Symposium panelists; travel expenses for Symposium speakers and Moot Court judges; meals for judges and competitors, including the Jackie Bird family program for the Friday night dinner and a Saturday night awards banquet; awards and prizes; and miscellaneous supplies and facilities cleaning costs. Any donations in excess of the expenses will be added to the NALSA scholarship endowment, which provides scholarship assistance to tribally enrolled students who attend the University of South Dakota School of Law.

twp

We hear from sources.....which we appreciate...about what goes on in DOJ

Thanks to our inside source, "Mr. X,":

From the AG’s Morning Briefing (internal “blog”)

Justice Department Orders Tribal Crime Crackdown. The AP (1/12, Barrett) reports that the Justice Department on Monday "ordered prosecutors in 33 states to step up their efforts to combat persistently high violent crime on Indian reservations, particularly offenses against women and children." Attorney General Eric Holder "was to announce the initiative after his deputy, David Ogden, issued a memo to federal prosecutors in those areas instructing them to do more to fight tribal crime - a problem the Justice Department has long been accused of ignoring." The memo "also said 47 new prosecutors and FBI personnel will be assigned to handle such crimes."
     Main Justice (1/12, Ramonas) reports, "The DOJ received more than $237 million in its fiscal year 2010 budget for Indian Country prosecutions and criminal investigations, according to a DOJ spokesperson. The Justice Department will use $6 million of the funds to hire at least 35 Assistant U.S. Attorneys and 12 FBI victim specialists to handle American Indian cases, according to the news release. 'The public safety challenges we face in Indian Country will not be solved by a single grant or a single piece of legislation. There is no quick fix,' Holder said in a statement. 'While today's directive is significant progress, we need to continue our efforts with federal, state and tribal partners to identify solutions to the challenges we face, and work to implement them.' Top DOJ officials including Holder, Deputy Attorney General David Ogden and Associate Attorney General Tom Perrelli met with American Indian leaders during a listening tour last year."
     Montana Official Warily Welcomes Crackdown. The Missoulian (1/12, Jamison) reports, "Last year, Margaret Campbell was among the Montana lawmakers who worked hard to highlight the problem of violent crime on the state's Indian reservations" so "she was pleased to learn on Monday that the U.S. Department of Justice was ramping up enforcement efforts on reservations nationwide, adding 47 new prosecutors and FBI personnel to handle such crimes" but "also was wary, concerned that a net cast to capture violent offenders might also catch young parents for drug-related offenses, further eroding reservation families. If enforcement, investigation and prosecution all are enhanced, but without treatment programs, 'then all we'll be doing is breaking up families and putting young parents in prison,' she said. 'There needs to be a help component along with the prosecution effort.' The Justice Department, however, made no mention of a "help component" when announcing its new program to combat violent crime in Indian Country."

What is "Indian Country" and what is a "reservation?" A federal court is taking a look in Oklahoma

You can read the full story HERE in The Tulsa World, but here are the lead paragraphs:

The Osage Nation is asking the 10th U.S. Circuit Court of Appeals to rule that Osage County and what the tribe considers to be the Osage Indian Reservation have the same boundaries. The county is Oklahoma's largest in land area. 

The Oklahoma Tax Commission contends the tribe's intentions may include applying its taxes and laws to everyone in Osage County. 

And a group of private organizations claim that a court ruling the tribe is seeking "will open the door to allow the nation to attempt to tax, regulate and otherwise assert sovereignty and jurisdiction" over non-Indian property. 

The coalition of organizations — whose members include businesses, farmers, ranchers and petroleum producers — contend such a ruling would endanger their continued existence. 

"If a court were to determine that (non-Indian property) in Osage County were in fact part of a reservation of the (Osage) Nation," the non-Indian property owners "would be greatly disrupted," the coalition asserts. 

The organizations take that position in written arguments submitted as "friends of the court" to the Denver-based appeals court. They are opposing the tribe's appeal of a decision by U.S. District Judge James Payne in Tulsa. 

Payne ruled a year ago against the tribe's claim that its members generally are exempt from state income taxes. The tribe makes its claim on the basis that federal law bars states from taxing the income of tribal members who reside and earn that income in Indian country. 

So why should anyone care?  Because WHERE one is has a lot to do with who has jurisdiction - a tribe or a state or the federal government, or some combination thereof.  It's about a lot more than just who has to pay state taxes....

twp

OK, some more jobs.....

The Office of the Solicitor, US Department of the Interior, is announcing the opening of the following positions in the Office of Solicitor. These positions will be open for applications until the end of January. Links to the application sites are provided below.

Because of our unique responsibilities to support the Department’s programs to benefit American Indians and Alaska Natives, Solicitor Hilary Tompkins strongly encourages Native American attorneys to apply.

We would greatly appreciate it if you could forward this announcement to your respective bar associations, law schools or other folks you know who might be interested in applying for these positions.

Director, Indian Trust Litigation Office (ITLO):

Manages litigation relating to the Department’s Indian Trust responsibilities, including all litigation related to Individual Indian Money accounts and Tribal Trust. The Director 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.

ITLO Job Application

Supervisor-Attorney (Assistant Solicitor - General Indian Legal Activities):

The Branch of General Indian Legal Activities (GILA), handles legal issues related to gaming, self-determination, self-governance, education, social services, housing, economic development, judgment fund distributions, Indian roads, and other government programs and services provided to tribes and tribal members. Assistant Solicitor exercises a broad range of supervisory responsibilities over attorney-advisors assigned to the Branch. The Assistant Solicitor also provides key legal advice and counsel and manages litigation on matters related to the Branch's assigned areas of responsibility.

Assistant Solicitor

Attorney-Advisor - Branch of Water & Power:

The Attorney-Advisor provides legal advice and counsel and manages litigation on matters related to the Department's trust responsibility for the protection of Indian water resources. The Attorney-Advisor must be able to manage highly complex, sometimes controversial, water resource issues. In addition, the Attorney-Advisor develops and manages litigation strategy, prepares opinions, and provides counsel on regulations and proposed legislation concerning Indian water resources.

Attorney-Advisor

The United States overnment does not discriminate 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.

We like to pass along job openings.......

Job Opening: Attorney position in the Indian Law Resource Center's Washington DC office

January 4, 2010

Position Description and Criteria

The Indian Law Resource Center is now considering applications for an attorney position in the Washington , D.C. office. The attorney will provide legal assistance to Indian and Alaska Native nations, including Indian peoples in Mexico , Central and South America , in matters relating to indigenous rights, sovereignty and international human rights, environmental protection and the rights of Native women. The attorney will play a role in carrying out all of the legal programs of the Indian Law Resource Center .

In addition to legal work, the successful candidate will participate in policy analysis, fund raising, communications activities and other program work of the Center, and will assist in the general administrative tasks of the Center. The attorney will work under the supervision of the Executive Director and the Director of the Center's Washington D.C. office and with the assistance of other Center attorneys and professional staff.

Substantial knowledge and experience in areas of Indian and Alaska Native affairs, federal Indian law, and indigenous legal issues are required. Federal litigation experience and an understanding of international fora are strongly preferred. Strong research and writing skills and the ability to travel are required. The ability to read and speak Spanish is strongly preferred. We are an Equal Opportunity Employer. Native Americans, women, and all others are encouraged to apply.

An applicant must be admitted to the bar in the United States or must be qualified for admission within a reasonable time. Salary for the position will depend on experience. Excellent benefits are provided.

About the Indian Law Resource Center

The Indian Law Resource Center is a non-profit law and advocacy organization established and directed by American Indians. We provide legal help without charge to indigenous nations in major cases involving indigenous rights, human rights, land claims, and environmental protection. The Center seeks to overcome problems affecting indigenous peoples by establishing national and international legal standards that uphold indigenous human rights and dignity, strengthen indigenous self-determination, and protect indigenous lands and resources. For further information about the Center, visit our website, www.indianlaw.org .

Interested attorneys may apply by sending a cover letter, resume, law school transcript, writing sample (exclusively your work), and list of three references to Marilyn Richardson at mt@indianlaw.org or by mail to
602 N. Ewing St., Helena , MT 59601

To banish or not to banish - that is the question, and fraught with controversy

HERE is a story about how a tribal judge has examined the tribe's banishment laws and found them wanting.  It's not the only story we've seen about how controversial this practice has become in light of modern notions of due process and civil rights.....and in the context of intra-tribal fights over casino money. 

twp