Native American Law Blog

Job Openings: Appellate Judge and Chief Judge

APPELLATE JUDGE - CROW NATION COURT OF APPEALS

The Judicial Branch of the Crow Nation seeks an Appellate Judge for the Crow Court of Appeals. This is a contract position for legal services on an as-needed basis compensable at an hourly rate to be negotiated based on qualifications. Candidates must be licensed to practice law by the highest court of any state and must be confirmed by the Crow Legislative Branch. A candidate with experience in Indian law and culture is preferred. Send cover letter, resume, materials to Chief Judge Yarlott, PO Box 489, Crow Agency, MT 59022 or by email to jyarlott@crowcourts.org. Closing Date: November 30. Request full position description and/or send questions by email to Sherry Matteucci, Judicial Branch Legal Advisor, at sherryma2c@gmail.com. No phone calls, please.

CHIEF JUDGE - MESCALERO APACHE TRIBAL COURT

SUMMARY: The Chief Judge is responsible for fairly and impartially hearing and deciding judicial matters within the jurisdiction of the Mescalero Apache Tribal Court and supervising Associate Judges. DUTIES AND RESPONSIBILITIES: * Adhere to the Tribal Code and Tribal Personnel Policies and Procedures * Hear and determine all types of cases filed in the Tribal Court, including but not limited to: criminal, traffic, civil (e.g. domestic relations, probate, repossession, breach of contract, personal injury), juvenile, and child welfare cases (e.g. neglect, dependency, delinquency, truancy) * In a timely manner, conduct legal research and issue orders * Preside over jury trials * Issue search and seizure warrants, arrest warrants, and orders of protection where appropriate * Assist the Court Administrator in the development of Court rules of procedure in all areas listed above MINIMUM QUALIFICATIONS: * Pursuant to Article XXVI, Section 4 of the Revised Constitution of the Mescalero Apache Tribe, the successful candidate for the position of Chief Judge must: A) Possess at least a one-quarter degree of Indian blood and is a member of a federally recognized Indian tribe, nation, band or is an Eskimo, Aleut or other Alaska Native; B) Be not less than thirty-five (35) years of age, nor more than seventy (70) years of age; and C) Never have been convicted of a felony nor a misdemeanor within the past year * Possess a high school education or its equivalent KNOWLEDGE/SKILLS/ABILITIES: * Demonstrate oral and written communication skills as well as ability to perform legal research and possess analytical skills commensurate with the position of Chief Judge * Demonstrate knowledge of general legal principles in all areas listed in "Duties and Responsibilities" * Demonstrate knowledge of Federal Indian Law * Understand, appreciate and promote the ideas of tribal self-determination and tribal sovereignty * Possess and demonstrate a judicial temperament * Possess a working knowledge of computers and software SALARY: Salary is negotiable, and is dependent upon qualifications and budgetary concerns. CLOSING DATE: This position is open until filled. SUBMIT RESUME WITH COPY OF CERTIFICATE OF INDIAN BLOOD TO: Nelva L. Cervantes, John D. Wheeler & Associates via 1) first class mail to 500 E. Tenth Street, Suite 305, Alamogordo, NM 88310; 2) facsimile to (575) 437-3557 or 3) email to nc@jdw- law.com

-Carolyn

NPR NEWS INVESTIGATION INTO NATIVE FOSTER CARE, PART 2

While Lt. Gov., South Dakota Gov. Dennis Daugaard Also Ran Children’s Home Society,
Housing Hundreds of Native Children, and Earning Non-Profit $50 Million
 
October 26, 2011; Washington, D.C. – An NPR News Investigation into inequalities in the South Dakota foster care system for Native Americans continues today, with a report by correspondent Laura Sullivan examining the influence of a powerful child welfare system in a state that removes Native-American children from their homes at a higher rate than almost any other. While lieutenant governor from 2003-2009, South Dakota’s now-Governor Dennis Daugaard also ran one of the largest non-profits in the state, the Children’s Home Society, which received tens of millions of dollars in no-compete contracts to foster many Native children.
 
The report, the second in the three-part series “Native Foster Care: Lost Children, Shattered Families,” is airing today on All Things Considered, and available now at NPR.org. Part 1 investigated why hundreds of Native-American children are placed in state foster care every year, many under questionable circumstances, rather than with their family and tribes, as required by the federal Indian Child Welfare Act.
 
As NPR reported yesterday, each year, South Dakota is removing children at almost three times the rate of other states. More than half of those children are Native American, even though they are less than 15 percent of the state’s child population. And, NPR’s investigation found that 90 percent of Native children in foster care in South Dakota are placed in non-native homes or privately-run group homes.
 
In today’s story, Sullivan reports on the steady growth of one of those group homes, the Children’s Home Society, while under the leadership of now-Gov. Daugaard – at the same time he was serving at lieutenant governor. In 2002, after years of financial trouble at Children’s Home, Daugaard became the group’s chief operating officer; one year later, he was promoted to executive director, for which he was paid $115,000 a year. Daugaard became lieutenant governor of South Dakota in 2003.
 
Under his seven year leadership of Children’s Home, Daugaard turned the organization around. NPR reports that the money the group was getting from the state doubled. It grew financially to seven times its size, and added two new facilities. Children’s Home is now the largest private foster care outfit in the state, providing services for up to 2,000 children a year. NPR reports that during that time, as the state began outsourcing much of its work, such as training foster care parents and examining potential foster homes, Children’s Home got almost every one of those contracts. In just about every case, Children’s Home did not compete for the contracts. For almost seven years, until this year, Daugaard’s colleagues in state government just chose the organization and sent it money, more than $50 million in all.
 
Critics tell NPR that Children’s Home has become a virtual powerhouse. It not only examines all the potential foster families and homes, it houses the most children. It trains the state’s case workers and holds all of the state’s training classes for foster parents. It does all of the state’s examinations of children who may have been abused. For all of this work, Children’s Home is paid tens of millions of dollars every year.
 
The complete report from Sullivan is available at NPR.org. All text excerpts must be credited to “NPR News.” Broadcast outlets may use up to sixty (60) consecutive seconds of audio from the reports. Television usage must include on-screen chyron to “NPR News” with the NPR logo.
 
The NPR News Investigative Unit crosses all news desks and programs to build upon, and strengthen the commitment to, NPR's established investigative work. The team’s extensive reporting includes Post Mortem, exploring why many suspicious deaths are improperly investigated; Brain Wars, an ongoing examination of traumatic brain injury and the military; and a continuing look at mine safety in America, following the explosion at Upper Big Branch in West Virginia. NPR reaches a growing audience of more than 27 million listeners weekly; to find local stations and broadcast times for NPR programs, visit www.npr.org
 
-NPR-
 
NPR Media Relations:   Anna Christopher 202.513.2304 / achristopher@npr.org

-Carolyn

If you happen to be at the NIEA conference in Albuquerque.......

......drop by and see your mild-mannered blog editor at  The University of Tulsa College of Law's table.  I'll even give you some information on the Master of Jurisprudence in Indian Law program that we're conducting online.

 

twp

DOJ Request for Tribal Input On Issues Involving Eagle Feathers

The Department of Justice is seeking tribal input on two specific proposals.

First, the Department is considering adopting a policy that would memorialize its practice of enforcing federal wildlife laws in a manner that facilitates the ability of members of federally recognized tribes to use eagle feathers and other bird feathers and parts for cultural and religious purposes.

Second, the Department, through its National Indian Country Training Initiative, is developing a joint federal and tribal training program on enforcement of wildlife and other environmental laws.

Tribal views and recommendations on all aspects of these two proposals are welcome.

Deadline: December 2, 2011 Comments in writing must be submitted to the Office of Tribal Justice. By Email: usaeo.eagles@usdoj.gov By Postal Mail: U.S. Department of Justice Office of Tribal Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530

Full proposal can be access by clicking here.

-Carolyn

NPR Special: Incentives And Cultural Bias Fuel Foster System

NPR will be airing Part 1 of its Investigation into ICWA Compliance on All Things Considered tonight. The audio is not available online yet but a web version of part one of NPR's series on a taking of Indian children in South Dakota. It is on the NPR website which you can access by clicking here.  

-Carolyn

Indian Law Webinar scheduled....and all are welcome

Tuesday, October 25th, 5:30pm PT / 7:30pm CT / 8:30pm ET

 

MJIL Program Co-Director and Professor Tim Pleasant will present a preview and review of the Indian Law cases that have come to the United States Supreme Court for either selection or rejection in this fall's term. Also covered will be a brief discussion of the MJIL program, including curriculum and admissions, as well as a demonstration of some of the features of the online classroom used by the MJIL program.

 

Just go to http://webinar.indianlawmj.org and sign in at the appropriate time.

 

DOI Reorganization

A recent article on Indianz.com covers Edith Blackwell’s recent departure amidst Solicitor Tompkins’ reorganization of the Department of Indian Affairs.  The article discusses the various changes and contains an image listing the names and positions within the reorganized Department. You can access the article by clicking here.

-Carolyn

2011 White House Tribal Nations Conference

October 24, 2011

President Obama Announces 2011 White House Tribal Nations Conference

WASHINGTON – On Friday, December 2, 2011, President Obama will host the White House Tribal Nations Conference at the Department of the Interior. As part of President Obama’s ongoing outreach to the American people, this conference will provide leaders from the 565 federally recognized tribes the opportunity to interact directly with the President and representatives from the highest levels of his Administration. Each federally recognized tribe will be invited to send one representative to the conference. This will be the third White House Tribal Nations Conference for the Obama Administration, and continues to build upon the President’s commitment to strengthen the nation to nation relationship with Indian Country. Additional details about the conference will be released at a later date.

###

-Carolyn

ABC Special - Children of the Plains available for online viewing

Friday I posted about a special Diane Sawyer was doing for ABC in which she traveled to Pine RIdge. If you missed it (or do not have television like me) you can catch the program online by clicking here.

-Carolyn

Elouise Cobell Walks On

Elouise Cobell, the Blackfeet womah who was the force behind the Indian trust case, lost her battle with cancer Sunday in Great Falls. For the full story, click here and here.

-Carolyn



Tonight - "A Hidden America: Children of the Plains” Airs on Friday, October 14

Diane Sawyer Takes an In-Depth look at the Young Dreamers and Survivors of the Pine Ridge Indian Reservation, Fighting Against Decades of Neglect Airing Friday, October 14, 10 pm ET on ABC

Diane Sawyer travels to Pine Ridge Indian Reservation where some of the proudest Americans, living in unthinkable conditions, refuse to be defeated: a young girl filled with “American Idol” dreams, yet facing a life-changing reality; a high school quarterback whose strength and spirit knows no bounds; a magical little girl filled with hope. For over a year, as she has done with the poverty-stricken children from parts of Appalachia and Camden, New Jersey, Sawyer and her team followed young fighters and dreamers, this time from the Lakota Indian Tribe in Pine Ridge, South Dakota, living in the shadows of Mount Rushmore. A once-mighty people desperately trying to hold on, Sawyer finds that even with all of its grinding poverty and alcoholism, it’s a place from which warriors can still rise. Diane Sawyer Investigates – “A Hidden America: Children of the Plains” airs on “20/20″, FRIDAY, OCTOBER 14 (10:00-11:00 p.m., ET) on the ABC Television Network.

For more information on the upcoming program, click here.

-Carolyn

U.S. Department of Justice Awards $880,493 to Central Council

The U.S. Department of Justice recently selected the Central Council of Tlingit and Haida Indian Tribes of Alaska’s Tribal Court as a demonstration tribe to receive $880,493 in tribal justice assistance funds. Over the next three years, the Tribal Court will further its mission of supporting tribal families and protecting tribal children through its justice system by honoring ancestral teachings and culture.

The Tribal Court will embark on a cooperative effort to enhance family safety, with a more holistic approach toward providing access to Tribal Domestic Violence Protection Orders in accord with the federal Violence Against Women Act (VAWA). With the recent groundbreaking decision in State of Alaska v. Native Village of Tanana, the Tribe will also work towards developing cooperative justice agreements with the State of Alaska for full faith recognition and enforcement of Tribal Court orders.

At present, the Tribal Court hears matters involving paternity and child support. The tribal justice funds are designed to strengthen the Tribal Court’s capacity toward eventually hearing cases involving inter-family violence while laying the foundation for hearing a wide spectrum of tribal family law cases. Funds will be used to update court computers, develop a system for video teleconferencing, as well as updating tribal codes toward integration of tribal law with the wisdom of tribal elders. The ultimate goal is to provide an alternate venue to the State Court System in tribal communities; a less adversarial, family-based, culturally appropriate justice system crafted with the unique values of the tribal citizenry in mind.

This grant represents a historic transformation of Tribal Court services, and would not have been possible without the vision of the Chief Justice and the Tribal Judiciary Committee members who have worked tirelessly over the years towards revealing the strength of tribal sovereignty and expanding tribal justice services. The Tribe’s successful proposal was further strengthened by the support of Tribal Family and Youth Services (TFYS), the Village Public Safety Officer (VPSO) Program, Alaska Legal Services Corporation, Juneau AWARE Shelter and former First District of Alaska Presiding Judge, Patricia Collins.

For more information regarding this award, please contact Judge David Avraham Voluck at 907.463.7347 or Eddie Brakes, Tribal Child Support Unit Manager, at 907. 463.7340 or toll free at 1.800.344.1432.

-Carolyn

EPA Announces Plan to Clean Up Largest Abandoned Uranium Mine on the Navajo Nation

SAN FRANCISCO – Today, the U.S. Environmental Protection Agency announced it has approved a plan and committed to clean up the Northeast Church Rock Mine, the largest and highest priority uranium mine on the Navajo Nation.

EPA’s work with Navajo Nation to identify and enforce against responsible parties is part of a 5-year plan to address the problem, which can be found by clicking here.

You can read the press release by clicking here.

The means to the end have mixed feelings for those living near the Superfund site as expressed in the recent Navajo Times article which you can access by clicking here.

-Carolyn

Udall Foundation’s Native American Congressional Internship

Native American Congressional Internship Job Description

Morris K. Udall and Stewart L. Foundation
Program Manager, Native American Congressional Internship Program
 
Half-time position based in Tucson, Arizona, or in Washington, DC.
 
Brief Description:
The Udall Foundation’s Native American Congressional Internship Program is a ten-week, summer internship for Native Americans and Alaska Natives in Washington, D.C. Interns work in Senate and House offices and federal agencies to gain an insider’s view of the federal government. The Udall Foundation is located in Tucson, Arizona, and operates a satellite office in Washington, DC.
 
The Program Manager for the Native American Congressional Internship Program manages strategy, implementation, and communication in four principal areas: applicant recruitment and intern selection; Congressional and federal agency office placements; intern housing and enrichment activities; and alumni development.   The Program Manager reports directly to the Senior Program Manager for Education Programs, andworks with the Program Manager for the Udall Scholarship Program on Native American recruitment for the undergraduate scholarship.
 
If based in Tucson, the Program Manager will spend approximately 3 months each year (May 15-August 15) in Washington, DC to provide general supervision and professional mentoring of 12 Native American Interns. Travel costs, housing, and a daily stipend will be provided. If based in Washington, DC, the Program Manager will travel to Tucson several times a year to meet with Education staff and manage the internship selection process.
 
Principal Responsibilities:

• Work with Education staff to implement a national recruiting plan and targeted outreach for the Internship Program and Native American undergraduate scholarship.
• Coordinate application and selection processes.
• Manage applicant and intern notifications.
• Maintain institutional relationships with Congressional offices and federal agencies in Washington, DC
• Arrange placement for 12 Native American Interns in appropriate congressional/agency offices.
• Oversee and implement intern orientation, enrichment activities, and a public reception.
• Manage residence and student life issues for 12 Interns.
• Maintain and develop alumni network and institutional relationships with Native American organizations.
• Conduct program evaluations to ensure continued improvements. 

 Necessary Qualifications:

• BA/BS degree
• Experience mentoring, advising, and/or recruiting Native American college or graduate students
• Knowledge of policies, issues and problems affecting Indian country
• Experience interning or working for the federal government
• Ability to spend May 15-August 15 living in Washington, DC
• Excellent communication skills, both written and verbal
• Familiar with Microsoft Word and Excel applications

 Preferred Qualifications:

• Master’s or professional degree in Native American studies, indigenous law, public policy, or similar fields
• Experience interning or working in the Senate, House, or a committee
• Previous experience as a residential advisor or in college admissions

Salary range: $20,000-$25,000. Because this is a half-time position, the employee will earn reduced federal benefits. Information on the Foundation and its programs can be found by clicking here. Applicants should submit a cover letter and resume to the Udall Foundation, attn: Jane Curlin; 130 S. Scott Avenue, Tucson, AZ 85701-1922; or email a cover letter and resume (Word or PDF) to Jane Curlin at curlin@udall.gov. No faxes or phone calls please.

 -Carolyn

Here come the appeals to the Cobell case settlement.....

Even made ABC news (will wonders never cease?):

A federal judge has cleared the path for appeals to move forward in a $3.4 billion U.S. government settlement over mismanaged American Indian land royalties, a ruling expected to further delay resolution of the 15-year lawsuit.

U.S. District Judge Thomas Hogan of the District of Columbia ruled Wednesday that none of the challengers has to put up an $8.3 million bond before proceeding with an appeal.

Six separate notices of appeal have been filed since Hogan approved the settlement in August.

* * *

Lead attorney Dennis Gingold said last month the $8.3 million would cover lost interest, increased settlement administration costs, legal fees and assembling documents in the case.

Hogan denied the request Wednesday. He said in his ruling that the plaintiffs' attorneys inflated how much the appeals would cost and misrepresented the court's record in issuing such appeal bonds.

 

See the full story HERE.

 

Symposium on Fact or Fiction? The United States Courts' Use of History to Shape Native Law Jurisprudence

Friday, October 7, 2011

Rasmussen Theater

National Museum of the American Indian

4th Street and Independence Avenue, SW

Washington, DC 20024

The Smithsonian's National Museum of the American Indian hosts Fact or Fiction? The United States Courts' Use of History to Shape Native Law Jurisprudence, a symposium on Friday, Oct. 7, from 1:30 to 5:30 p.m. in the museum's Rasmuson Theater.

Since the first court decision to articulate Native American law back in 1823, the nation's courts have repeatedly invoked historical "facts" as a basis for writing judicial doctrines that have been prejudicial and harmful to Native Americans. A thorough review reveals that many of the modern Native law doctrines are based in fiction, not fact. Speakers include Stuart Banner, UCLA School of Law; Walter Echo-Hawk (Pawnee), Crowe & Dunlevy, Oklahoma; Mary Kathryn Nagle (Cherokee), Quinn Emanuel Urquhart & Sullivan, New York; and Lindsay Robertson, University of Oklahoma College of Law. Kevin Gover (Pawnee), director of the museum, will moderate.

The symposium will be followed by a book signing by speakers in the theater lobby and reception in the museum's Potomac Atrium featuring Ponca songs and welcoming remarks from NMAI Director Kevin Gover, Ponca tribal chairwoman Rebecca White, and U.S. Supreme Court Associate Justice Sonia Sotomayor.
The symposium will be webcast live at www.AmericanIndian.si.edu/webcasts

Metro Directions: L'Enfant Plaza, Maryland Avenue/Smithsonian Museums exit
To RSVP, please contact NMAI-SSP@si.edu <mailto:NMAI-SSP@si.edu>

The event is free and open to the public.

-Carolyn

Webinar: Tribal Law Enforcement and Drug Endangered Children

National Alliance for Drug Endangered Children is hosting an upcoming webinar, Tribal Law Enforcement and DEC, scheduled for Wednesday, October 19, from 11.30am - 12.30pm Mountain Time, and presented by Steven Juneau.  

The start time of the webinar is listed in Mountain Time, so if you live in a different time zone, please be sure to adjust the start time when you mark your calendars. Here's a breakdown of the start time by time zone:

Pacific:     10.30am

Mountain:  11.30am

Central:     12.30pm

Eastern:      1.30pm

To register, please click here.

If you are unable to access the registration page because your organization's firewall has blocked it, please forward the following link to your technical support group; it contains the IP ranges necessary for permissions: http://www.citrixonline.com/iprange.

National DEC provides these webinars at no charge to you and your colleagues working to improve the lives of children living in drug environments. We are dependent upon the generosity of individuals like you in order to offer these exceptional learning opportunities. Please consider how your gift will help us continue to provide the highest quality of training services and resources available. Click HERE to make your tax-deductible donation!

If you have any questions, contact:

Katie Bositis - Director, Projects and Information Management
National Alliance for Drug Endangered Children (National DEC)
9101 Harlan Street, Suite 245
Westminster, CO 80031
(303) 317-5855 Desk / (303) 413-3466 FAX
www.NationalDEC.org

-Carolyn