Native American Law Blog

Another job listing....this one with the Muscogee (Creek) Nation

JOB TITLE:   ASSISTANT ATTORNEY GENERAL
  
SALARY RANGE:  NEGOTIABLE   
 
LOCATION:   MUSCOGEE (CREEK) NATION DEPARTMENT OF JUSTICE
 
     
JOB DUTIES: The Assistant Attorney General is directly responsible to the Attorney
General. The incumbent shall assist the Attorney General in carrying out
any function, duty or responsibility delegated to the Attorney General by
NCA 98-19.  Assist the Attorney General in prosecution of criminal cases,
juvenile and elder matters on behalf of the Muscogee (Creek) Nation.
Provide assistance, advice and counsel to National Council
Representatives, Officers and employees of the Muscogee (Creek) Nation
and select Muscogee Boards and Committees on matters of official interest
and in accordance with departmental policies and procedures. Perform
other duties as assigned by the Attorney General. 
 
JOB SPECIFICATIONS: Must be a graduate of an accredited law school. Federal Indian Law
experience is helpful. Must be willing to become licensed to practice law
in Oklahoma at own expense either by taking the bar exam or by
reciprocity where applicable. Must be a member of the Muscogee Nation
Bar Association, or be willing to become a member.  
 
 
 COMPLETED EMPLOYMENT APPLICATION IS REQUIRED
    INDIAN PREFERENCE
 
 
CLOSING DATE:  OPEN UNTIL FILLED    
 
 
SEND APPLICATIONS TO: Muscogee (Creek) Nation Personnel Services
    P.O. Box 580
    Okmulgee, OK 74447
    Fax: (918) 756-2284

    personnel@muscogeenation-nsn.gov

twp

Employment Opportunity: Attorney, Navajo Nation Department of Justice

Under general direction of a senior attorney or other supervisor, performs professional legal work in counseling, research, trail and other legal work; present cases in courts; and performs related duties as required. Prepares and presents criminal and civil cases in tribal, municipal, state, and federal courts; confers with, gives advice to, and prepares opinions for various departments and branches of the Tribe; drafts legal and judicial processes; prepares interpretations of new legislation and judicial decisions; reviews contracts, mortgages, leases, permits and related documents prior to signature by Tribal officials; interviews witness, complainants, and others on a variety of legal matters; conducts legal research, prepares briefs, pleadings and other legal documents. Open until filled.

 

You can view the job posting here.

 

-CMD

Employment Opportunity: Two Staff Attorney Positions with Navajo Courts

The Judicial Branch of the Navajo Nation has two staff attorney positions open. One is with the Window Rock District Court and the second is with the Shiprock District Court. The closing date to apply is July 9, 2010. 

You can view the job announcement here.

-CMD 

Another smoking case from New York.....judge orders Seneca County to return $375k in cigarettes to the Cayuga Nation

"A Seneca County judge today dismissed an indictment against the Cayuga Indian Nation and ordered his county to return some $375,000 worth of cigarettes seized in a 2008 tax raid at the Cayugas’ Seneca Falls store.

Judge Dennis Bender ruled after a 10-minute hearing between the two sides, said Daniel French, a Syracuse lawyer who represents the Cayugas, said."

Read the full story HERE.

twp

Temporary injunction against the PACT Act secured by Seneca Nation

The Senecas say that the PACT Act will devastate their economy.....as well as claiming that it's unconstitutional and a violation of their treaties with the federal government.

They MAY have convinced a federal judge that they're right - District Judge Richard J. Arcara granted them a temporary restraining order against the enforcement of the PACT Act.......an indicator that he thinks that they can prevail on the merits of their claim (but not a slam dunk, either).

Read the full story HERE.

twp

Employment Opportunity: Yurok Tribe Staff Attorney

The Yurok Tribe accepting applications for the position of Staff Attorney.

 

A Staff Attorney with the Tribe completes a variety of professional assignments on behalf of the Council and departments as assigned by the Senior Attorney.  Works closely with paralegals and department staff.  Performs legal research, including extensive analysis of legal positions.  Provides legal advice, counsel and assistance to Tribal Council and departments and the operations of the Tribe and its programs, projects and services.  Assists Departments in negotiation and drafting of contracts.  Assists Human Resources in proving legal opinions concerning personnel policies and procedures.  Drafts appropriate ordinances and policies that assist in the implementation of the Tribe's self-governance objectives.  Represents the Tribe in Indian Welfare cases.  Provides opinions in policies, attends meetings concerning regulatory and environmental matters.  Prepares legal briefs, develops strategy, arguments and testimony in preparation for presentation of a case.  Represents the Tribe and its entities in court and administrative hearings. 

The Yurok Tribe also provides a commute from the cities of Eureka, Arcata, McKinleyville and Crescent City, which is an extremely important benefit to such a remote location.

 

Salary range: $56,129/$67,274.

 

The Yurok Tribe’s website can be accessed here and their Human Resources website here.

 

Questions should be directed to:

Loretti Vanzetti, Legal Secretary

lvanzetti@yuroktribe.nsn.us

 

Yurok Tribe

Office of the Tribal Attorney

190 Klamath Blvd.

P.O. Box 1027

Klamath, CA 95548

(707) 482-1350, ext. 389

Fax: (707) 482-1363

Save the date for FedBar Indian Law Conference in Washington, DC

Sez the FedBar.......

SAVE THE DATE!
Join us for our 12th annual Washington DC Indian Law Conference at the National Museum for the American Indian! 
More information to follow...

Date

November 5, 2010

Time

08:00 AM - 05:00 PM

This legal fight promises to be interesting...lawsuit filed over remains of Indian athlete Jim Thorpe

Does NAGPRA apply in a lawsuit seeking the return of Jim Thorpe's remains to Oklahoma from the town of Jim Thorpe, Pennsylvania?  Could be interesting.  Jack Thorpe, his son, is suing the town on the issue.  You can read the full story HERE.

twp

Navajo Nation voters may soon be electing their Supreme Court Justices

Hmmmmm I wonder if this has anything to do with the fact that the Navajo Supreme Court has been ruling in favor of the President and not the Council on most issues lately.

The Navajo Nation Council's Judiciary Committee voted 5-0 to forward a bill with a "do-pass" recommendation that would place a referendum on the No. 2 general election ballot. If approved, the referendum would allow voters to choose Navajo Nation judges, including Supreme Court justices, by popular vote rather than the current process of nomination and confirmation. The bill now goes to the Ethics and Rules Committee, and could come before the council in its summer session. For the Navajo Times story, click here.

-CMD

Here's a first - federal judge to hold regular court sessions ON a rez

As reported in the Lake County News and elsewhere:

"In an unprecedented arrangement, the Hopland Band of Pomo Indians and the United States District Court for the Northern District of California have entered into an agreement under which Federal Magistrate Judge Nandor J. Vadas will hold federal court on the Hopland Indian Reservation.

Hopland Tribal Police Chief Brett Rhodes, who oversees the federally commissioned law enforcement department serving the Hopland Reservation, announced Tuesday that Hopland’s police officers – who are commissioned by the United States Department of the Interior, Office of Justice Services – will have Central Violations Bureau misdemeanor citations heard by Judge Vadas utilizing the Hopland Reservation Court facility.

 

This is the first time that a federal court has arranged to hold regular court sessions on an Indian reservation in California, officials reported."

Will wonders never cease?

twp

After yet another extension, Cobell plaintiffs submit certiorari petition to the US Supreme Court - THEN WITHDRAW IT!

As reported  at Indianz.com and other sources, the Cobel litigation was going to be raised to the highest level.  "At a private conference tomorrow, the U.S. Supreme Court will consider a petition in Cobell v. Salazar, the Indian trust fund lawsuit. . . . The plaintiffs filed a petition for certiorari that will be reviewed by the justices tomorrow.  It asks the high court to determine whether the government should be required to account for "all funds" in the Indian trust accounts regardless of Congressional restrictions. . . . The Obama administration opposes review of the case."

You can read the full story HERE and the notes on the SCOTUS blog about it HERE.

BUT, in a surprising turn, literally just as your humble blog co-editor was putting this piece together, the petitioners (plaintiffs) filed a request with the Supreme Court to withdraw the certiorari petition.

There will, no doubt, be more to come on this.

twp

Tribe and others fail to stop gold mine on sacred site

HERE, the Environmental News Service reports:

 An Indian tribe, an indigenous rights support group and a mining watchdog group have failed in their joint court bid to block the expansion of a gold mine in northeastern Nevada.

A three-judge panel in the U.S. Court of Appeals for the Ninth Circuit on Friday upheld a district court's grant of summary judgment against the plaintiff Te-Moak Tribe of Western Shoshone of Nevada and its co-plaintiffs, the Western Shoshone Defense Project, and Great Basin Mine Watch.

The court ruled in favor of the Department of the Interior, the Bureau of Land Management, and a mining company.

The dispute centers on the intention of Barrick Gold, a Canadian company based in Toronto, to expand its Cortez Gold Mine located in Nevada's Lander and Eureka counties.

twp

In November 2008, the plaintiffs challenged the U.S. Bureau of Land Management's approval of the Cortez Hills mine expansion, claiming that the expansion violates the National Environmental Policy Act, the National Historic Preservation Act, and the Federal Land Policy and Management Act.

The expansion threatens Mount Tenabo, an important sacred mountain for the Western Shoshone people, the appeals court recognized in its ruling

2010 Inter Tribal Circle of Caring and Sharing Training Conference

Inter Tribal Council of Arizona, Inc.

 

2010 Inter Tribal Circle of Caring and Sharing Training Conference

June 23 - 25, 2010

 

Radisson Fort McDowell Resort
Fountain Hills, Arizona

 

The Intertribal Circle of Caring & Sharing Training Conference is an annual conference hosted by the Inter Tribal Council of Arizona, Inc. with coordination assistance provided by the Tribal Early Childhood Working Group. Throughout the years, the Intertribal Circle of Caring & Sharing Training Conference has been very successful in providing needed information and training to professionals who work with American Indian families.

 

Conference Goal
The goal of this conference is to bring together early childcare providers, head start providers, direct service practitioners, supervisors, program managers, administrators, policy makers, and advocates that serve Indian children and families to increase knowledge and skills to help cultivate strong Indian children and families in our communities.

 

Who Should Attend
This conference is intended for but not limited to the following: child care providers, head start teachers, teachers, school administrators, school board members, health service providers, social workers, direct service practitioners, supervisors, program managers, administrators, policy makers, advocates, and community leaders.

 

Subject Areas

Arts

Cognitive Development

Community Partnerships

Culture in Curriculum

Curriculum Development

Early Brain Development

Health and Safety (Home Based and Center Based)

Learning Environments (Home Based and Center Based)

Literacy and Language

Mathematics

Nutrition

Physical Activities

Playing and Learning

Professional Development

Program Collaboration

Science

Sensory Development

Social and Emotional Development

Special Needs

Teaching Techniques

 

Hotel Information
Radisson Fort McDowell Resort
10438 N. Ft. McDowell Road
Fountain Hills, AZ 85264
(800) 333-3333
http://www.radissonfortmcdowellresort.com/

 

A room block is available for the nights of June 22-24, 2010.

The room rate is $74 plus 12.0% tax and incidentals.

The cut off date to make any room reservations is June 4, 2010.

 

All participants must call either (800) 333-3333 or the hotel directly to get the group rate.

Please mention group name Inter Tribal Council of Arizona, Inc. when making reservations and to receive the group rate.

 

For more information on this event, please contact Kim Russell, Human Services Coordinator at (602) 258-4822 or email kim.russell@itcaonline.com.

 

-CMD

Arizona Tribes Oppose Arizona's S.B. 1070

Arizona Governor Brewer wants Arizona tribes to help enforce the Arizona’s strict new immigration law which many believe will impinge upon tribe’s sovereignty, their members’ civil rights and lead to illegal racial profiling.  A letter from Brewer’s office dated May 24th and addressed to the Arizona Commission of Indian Affairs asks the Commission to cooperate with the state board that offers guidelines to law-enforcement agencies about how to enforce the new immigration law.

The Tohono O’odham Nation has passed a resolution against S.B. 1070.

For more on this click on the following: AZ Capitol Times, Indian Country Today, Indianz.com and Tohono O'odham Nation Resolution.

-CMD

For those interested in the Thlopthlocco Tribal Town situation.....

.....here's where you can watch the video of my CLE presentation on it.  Thanks to Native News, and thanks also to my colleague Alicia Seyler who was kind enough to send me the link.

twp

Wyoming tribes wait too long to sue over trust mismanagement

The federal government has been screwing up oil and gas leases for decades.

But even if the Interior Department completely misled those tribes, causing them to lose millions of dollars in royalties, they can't maintain a lawsuit, so says the US Court of Federal Claims.  

The lesson - you can't wait too long to enforce your rights.

See the story on Indianz.com HERE, a slightly fuller account HERE on Courthousenews.com and a pdf of the actual decision HERE.

twp

Blog Editor Carolyn Drouin at the Navajo Nation Bar Association Annual Conference

Your mild-mannered blog editors had the privilege yesterday and today to attend the Navajo Nation Bar Association Annual Conference, held at Isleta Pueblo just outside of Albuquerque, NM.   Here is Co-Editor Carolyn Drouin:

 

Upcoming Conference on Respecting American Indian Civil Rights

Office for Civil Rights (OCR) Conference “Pathways to Respecting American Indian Civil Rights: Education, Health, Justice, Employment, Housing, and Other Services.”

August 10-11, 2010
University of New Mexico School of Law
Albuquerque, New Mexico

Tentative agenda accessible here.

For more information please call 303-844-5695 or email OCR.Denver@ed.gov.

 

-CMD

Navajo Supreme Court Issues Opinions in Two Controversial Cases

On May 28, 2010, the Navajo Nation Supreme Court announced its decisions in Shirley v. Morgan, SC-CV-02-10, and Nelson v. Initiative Committee to Reduce Navajo Nation Council and Dr. Joe Shirley, SC-CV-03-10, at the Navajo Nation Veteran's Memorial Park in Window Rock.

In the opinions, the Navajo Supreme Court (1) rejected a resolution passed by the Navajo Nation Council seeking to limit the use of Diné Fundamental Law by courts; (2) upheld the Dec. 15, 2009, election to reduce the council's membership; (3) declared invalid a law that says ballot referendums require a majority of registered voters in every chapter to vote "yes"; (4) upheld the president’s line-item veto authority over council spending measures; and (5) ordered the reinstatement of President Shirley.

The Navajo Time articles are available here and here.

-CMD

Yet another deadline extension in Cobell case.....

Here's what Rob Capriccioso reports in Indian Country Today:

"Faced with the prospect of a derailed $3.4 billion settlement in the long-runningCobell v. Salazar lawsuit, Indian plaintiffs agreed May 28 to another deadline extension in an effort to secure congressional approval.

May 28 had been set by the plaintiffs and the Obama administration as the final date for congressional action, but a deadline extension was agreed to after it became clear that the Senate could not get it done.

The new deadline, chosen by the plaintiffs and agreed to by the administration, is June 15. It is the fifth deadline involving the deal, and the fourth extension.

Dennis Gingold, a lead lawyer for the plaintiffs, previously said that if Congress did not meet the May 28 deadline, he would proceed anew with litigation.

Plaintiffs said that it was worth approving another extension, given that Congress seems close to approval."

It's pretty good odds that it still won't get done in the Senate by June 15.....I wonder if there's a line in Las Vegas on that bet?

Read the full story HERE.

twp