Author Archives: Indian Legal Program

Speaker Morgan Thanks Nakai (’03) for Services

Posted on by

Speaker Morgan thanks Katosha Nakai for services to the Navajo Nation

Nakai becomes policy advisor to Arizona Gov. Jan Brewer

PHOENIX — The Honorable Speaker Lawrence T. Morgan thanked Katosha Nakai, lobbyist for the Navajo Nation, during a special recognition gathering held in her honor at the Lewis & Roca LLC law firm on March 4. Nakai, an attorney, was recently selected by Arizona Gov. Jan Brewer as her policy advisor for tribal affairs — a position previously held by Marnie Hodahkwen under former Gov. Janet Napolitano’s administration. Nakai (NAAH-KYE), Choctaw from Oklahoma, has been working with the Navajo Nation since 2005 as the lobbyist and liaison between the Navajo Nation and the state of Arizona, including the governor’s office. One hallmark project she was instrumental with was the $2 million appropriation for Dilkon District Court. The $2 million was split into two appropriations — $1 million in 2006 and another in 2007. It was nearly a year ago that the Judiciary Committee held a groundbreaking ceremony for the new multi-purpose building. The building was made possible through a collaborative effort between the state of Arizona, the Judiciary Committee, the legislative, judicial and executive branches of the Navajo Nation — a project that received matching funding from the tribe. Construction is currently in progress for the facility and will be ready by this summer. The 14,000 square-foot facility, designed to reflect Navajo customs, is being constructed on 2.3 acres on the corner of milepost 55 on Navajo Route 15 in Dilkon, Ariz. Nakai was very influential in securing funds for the facility with Arizona Sen. Albert Hale (D-Window Rock) and former State Rep. Albert Tom (D-Chambers) spearheading the funding request from the state of Arizona. Speaker Morgan said, “Mrs. Nakai has been extremely influential in securing vitally needed funding for the Navajo Nation — we are thankful for her services. The Navajo Nation will look forward to continuing its working relationship with Nakai and Governor Brewer’s administration.” Kee Allen Begay Jr. (Many Farms/Round Rock), appointed by Speaker Morgan to serve on the Intergovernmental Relations Committee task force on state affairs, worked with Nakai on various issues affecting the Arizona portion of the Navajo Nation. “I express my sincere appreciation for Mrs. Nakai’s tireless work on behalf of the Navajo Nation, especially our Legislative Branch,” Begay said. “Nakai advocated for the Nation on all issues with the Arizona State Legislature and with the governor’s office. She served Navajo unquestionably above what was requested of her — she helped to make our Dilkon District Court a reality.” Nakai is a graduate of Arizona State University College of Law and currently resides in Phoenix with her husband Errol Nakai (Navajo) and their two daughters.

JOB: Ak-Chin Chief Judge position

Posted on by

Job Announcement
#ACIC-09-11

Job Title: Chief Judge
Salary: $87,988 – $100,557 per annum
Reports to: Community Council
Supervises: Clerk of the Court, Bailiff, Probation Officers, Deputy Court Clerk, Secretary

Summary: Under general direction, presides over the Ak-Chin Indian Community Court and administers its overall functions. This is treated as FLSA exempt position.

Minimum Qualifications: Prior experience as a Judge preferred. Experience equivalent to seven years full time criminal justice, law enforcement, or closely related work, at least two years of which included supervisory/managerial responsibilities. Juris Doctorate degree from an ABA accredited university. Must be licensed to practice law in the State of Arizona, or the ability to acquire Arizona Bar Certification within one (1) year from date of hire. Must possess a valid Arizona driver’s license and be insurable under the Community’s insurance carrier (no DUI/DWI convictions within the last three years.) Must successfully complete and pass a background check.

Preference will be given to qualified Community members, then to qualified Native Americans, and then other qualified candidates. Within the scope of Indian Preference, all candidates will receive consideration without regard to race, color, sex, age, disability, religion, national origin, or other non-merit factor. Applicants wishing to claim Indian Preference must submit a Certificate of Indian Blood or proof of tribal enrollment at the time of application.

Duties and Responsibilities:
1. Presides over trials, arraignments, and sentencing’s at the Ak-Chin Indian Community Court, including informing defendants of their rights, charges, and penalties, hearing pleas/motions, setting trial dates, hearing testimony, evaluating the facts of the case to determine guilt/innocence, determining the legal disposition of the case, and imposing the appropriate sentence.
2. Reviews/approves pre-trial settlements/agreements.
3. Adopts and amends local rules of practice to facilitate the orderly operation of the Court, so long as the rules are consistent with applicable law.
4. Creates, reviews and issues a variety of Court orders/documents, including bench warrants, subpoenas, orders to show cause, and formal decisions.
5. Identifies and develops programs that provide alternative methods for the resolution of civil disputes and adopt such rules to govern the alternative dispute resolution programs so developed.
6. Identifies and develops diversion programs for adult and juvenile offenders, for purposes of rehabilitation, and adopts rules to govern the diversion programs.
7. Trains/coordinates professional development of subordinate staff.
8. Reviews/evaluates staff annually.
9. Develops/administers the Judicial Tribal Court Services Department budget.
10. Reviews/revises policies/procedures to ensure the efficient operation of the Ak-Chin Indian Community Court.
11. Makes regular and special assignments of the pro tem judges, including the assignments of cases.
12. Exercises general supervision over all Court personnel.
13. Prescribes the powers and duties of the Clerk of the Court, in addition to those as may be prescribed by law.
14. Other job related duties as assigned.

Other Requirements:
· Must adhere to the Ak-Chin Indian Community Law & Order Code.
· Knowledge of the Arizona Revised Statutes and other State, County, and Federal laws/ordinances, and Indian case law.
· Knowledge of legal reference resource materials.
· Ability to quickly acquire knowledge of the culture, customs and traditions of the Ak-Chin Indian Community.
· Knowledge of general judicial proceedings and processes, including arraignment, conducting trials, deciding points of law, and determining appropriate sentences.
· Knowledge of general Court operations, policies, and procedures.
· Knowledge of general criminal justice system operations.
· Knowledge of general office administration/management principles and practices, including budgeting and employee supervision and training.
· Knowledge of the information/documents to be contained in Court records/case files.
· Skill in establishing and maintaining effective working relationships with other criminal justice system staff, Community officials, offenders from all socio-economic backgrounds, other Court staff, attorneys, and the public.
· Skill in evaluating the facts of a case and determining the appropriate actions to be taken.
· Skill in preparing a variety of narrative and statistical reports, including summaries of Court activities.
· Skill in interpreting and applying complex laws, statutes, ordinances of the Ak-Chin Indian Community, State, County, and Federal governments and agencies.
· Skill in listening to a variety of court cases with impartiality.
· Skill in planning, coordinating, and reviewing the work of subordinate staff.
· Skill in preparing a variety of narrative and statistical reports, including budgets and summaries of Court activities.

Closing Date: Open Until Filled. To be considered for this position, please submit a complete and signed Ak-Chin Indian Community job application (additional resume optional), a 39-month driving record from the Department of Motor Vehicles, proof of tribal enrollment if claiming Indian Preference and copy of DD214 if claiming Veteran’s Preference to:

Human Resources Director
Ak-Chin Indian Community
42507 W. Peters and Nall Road
Maricopa, AZ 85238

Email: resumes@ak-chin.nsn.us
Website: www.ak-chin.nsn.us

Faxed and incomplete applications will not be considered.

The Ak-Chin Indian Community is a smoke-free and drug-free workplace

NALSA Moot Court Teams

Posted on by

The NALSA students just returned from the National NALSA Moot Court in Colorado. Both of our teams (Nikki Borchardt & Brian Lewis and Dan Lewis & Liz Nazari) did well during their first two rounds, but unfortunately, neither team advanced to the Sweet Sixteen Round. Dan Lewis, 2L, took home an award for 3rd Place in the Best Oralist Category. I’m very proud of the competitors! They all worked very hard and represented us well.

Carcieri v. Salazar

Posted on by

Court rules for state in American Indian land case
The Associated Press
Tuesday, February 24, 2009; 10:12 AM

WASHINGTON — The Supreme Court has limited the federal government’s authority to hold land in trust for Indian tribes, a victory for states seeking to impose local laws and control over development on Indian lands.The court’s ruling Tuesday applies to tribes recognized by the federal government after the 1934 Indian Reorganization Act.The U.S. government argued that the law allows it to take land into trust for tribes regardless of when they were recognized, but Justice Clarence Thomas said in his majority opinion that the law “unambiguously refers to those tribes that were under the federal jurisdiction” when it was enacted.The ruling comes in a case involving the Narragansett Indian Tribe in Rhode Island and a 31-acre tract of land.The case is Carcieri v. Salazar, 07-526.

JOB: GRIC Prosecutor III

Posted on by
JOB ANNOUNCEMENT

PROSECUTOR III
$75,161 per annum (DOE)

DEPARTMENT NAME AND NUMBER RECRUITMENT OPENS AND CLOSES
Law Office/Criminal Division 2009-136-A February 19, 2009 to February 25, 2009

(Location: 151 S. Bluebird Rd., Sacaton)

DISTINGUISHING FEATURES OF THE CLASS:
The Prosecutor III represents the Community in the litigation of the more complex criminal complaints, enforcement of the civil code, mental health proceedings, etc. and works with the US Attorney’s Office to ensure serious crimes are federally prosecuted. The Prosecutor III will assist in training of the junior prosecuting attorneys.

ESSENTIAL FUNCTIONS:
· Represent the Community in special prosecutions, high profile cases, complex criminal complaints, civil code enforcement (i.e., trespassing, environmental, archeological, etc.,), mental health cases, and matters of special public interest.
· Represent the Community in multidisciplinary meetings with the US Attorney’s Office to ensure serious crimes are federally prosecuted.
· Conduct legal research, analysis and document production related to the litigation of criminal and civil cases in the Community courts.
· Draft legal pleadings for the Community in criminal and civil cases.
· Gather and analyze evidence in criminal and civil cases.
· Maintain case files, calendars and databases for criminal and civil cases.
· Assist in the development, revision and modification of the Community’s laws, resolutions and ordinances.
· Represent the Community at meetings, court proceedings and other functions.
· Perform other related duties as assigned.

REQUIRED KNOWLEDGE, SKILL AND ABILITY:
· Knowledge of civil and criminal law, procedure and appellate process;
· Considerable knowledge of and experience in application of principles of jurisprudence and legal analysis, including a background in and knowledge of Federal Indian Law;
· Considerable knowledge of Tribal and non-Tribal criminal law, the Arizona Revised Statues, the United States Code and case law;
· Extensive experience with and knowledge of tribal governments and Tribal court jurisdiction and operations;
· Ability to exercise sound judgment, work both independently and in intensive concert with others;
· Ability to clearly and successfully articulate ideas and logical analysis both orally and writing;
· Ability to maintain effective working relationships with people of varied economic, educational, and cultural backgrounds;
· Ability to establish and maintain effective working relationships with other employees, Community Officials and the general public;
· Ability to perform all physical requirements of the position;
· Must acknowledge and agree to maintain a Drug-Free Workplace as a condition of employment with the Gila River Indian Community;

REQUIRED EXPERIENCE AND TRAINING:
Juris Doctorate Degree from an accredited law school; minimum of five (5) years experience as a licensed attorney with specialized and significant experience as an attorney in criminal and/or civil litigation, including trial experience with specialized experience in Federal Indian Law; a member in good standing of the Arizona State Bar or a State Bar.

ADDITIONAL REQUIREMENTS:
Certification as a Special Assistant United States Attorney within a timeframe acceptable to the General Counsel.

If not licensed, must be willing to take the Arizona State Bar exam within one (1) year of employment.

Valid state driver’s license with proof of driving record for the past 39 months will be required to qualify for a tribal driving permit. Proof of driving record must be submitted with application.

OVERTIME STATUS: Salaried
SUPERVISORY STATUS: Supervisory
REPORTS TO: General Counsel or Designee

Preference in filling vacancies is given to qualified Indian candidates in accordance with the Indian Preference Act (Title 25, U.S. Code, Section 472 and 473). The Gila River Indian Community is also committed to achieving the full and equal opportunity without discrimination because of Race, Religion, Color, Sex, National Origin, Politics, Marital Status, Physical Handicap, Age or Sexual Orientation. In other than the above, the Gila River Indian Community is an Equal Opportunity Employer.

If you are claiming Preference Points in one or more of the following categories please attach a copy of the required documentation to the completed Employment Application.

· Six (6) preference points for Community Members (with proof of enrollment)
· Three (3) preference points for Native Americans (must meet membership requirement of an established Tribe)
· One (1) preference point for Spouse of Community Member (with proof of spouse enrollment)
· One (1) preference point for Veteran (must meet statutory requirements)

DEADLINE: Employment Applications are available at all District Service Centers, the Human Resources Department and online at www.gilariver.org. Employment Applications must be received in the Human Resources Department by 5:00 pm on the closing date.

TO AVOID DELAYS, APPLICATIONS CAN BE MAILED OR FAXED TO:
Gila River Indian Community, Human Resources Department
Post Office Box 97
Sacaton, Arizona 85247
Fax: (520) 562-9809

JOB: San Manuel Band of Mission Indians – Court Clerk

Posted on by

Posting Date: 2/13/2009 5:49:02 PM

Contact: Marylou Williams
Employer: San Manuel Band of Mission Indians
Address1: 3246 North Victoria Ave.
CityStateZip: Highland, CA 92346
Email: mwilliams@sanmanuel.com
Website: www.sanmanuel-nsn.gov
Phone: 909-425-4800

AcceptingCalls: No
JobTitle: Court Clerk
Salary: TBD
Hours: TBD

Description: Position Summary:
Under the direction of the Chief Judge of the San Manuel Tribal Court, the Court Clerk is responsible for all clerk?s responsibilities of the Tribal Court and Appellate Court, including case file management, preparation for Court hearings, preparation of Court minute orders and other documents.

Essential Duties and Responsibilities:
The following does not include all of the duties that may be performed: Receives, processes and calendars all complaints and actions in Tribal Court. Maintains all official records of the Tribal Court and prepares certified copies, as required. Collects filing fees and fines, as required, and maintains fiscal records of all transactions. Provides other administrative support to the Chief Judge and the Appellate Court judges, including but not limited to: ordering and maintaining office supplies, preparing check requests and purchase orders, preparing travel/training requests and arrangements, preparing correspondence, copies and faxes as requested, and maintaining Judges calendars. Prepares Tribal Court minutes, findings, orders, notices and other official documents. Compiles and maintains statistical data. Attends all sessions of Tribal Court and performs clerk?s tasks associated with hearings, including, but not limited to: calling hearings to order, swearing in witnesses and receiving documents into evidence; scheduling and confirming hearing dates; preparing courtroom with all necessary materials and/or services for litigants; preparing and posting daily docket; provides all court files to Tribal judges in preparation for hearing. Maintains a list of attorneys and lay advocates admitted to practice before the Court. Arranges for a court reporter to record all proceedings. May arrange for interpreters and pro-tem judges. Serves as liaison with court clerks in federal, state or other tribal courts. Notarizes documents for the public as needed. Provides reception services for Tribal Court, including answering telephone inquiries and written inquiries, as appropriate; courteously meeting and greeting individuals presenting themselves to the Court; and receiving and filing all paperwork presented to the Court. Prepares grant reports, Judiciary Committee reports or other reports, as required. Responsible for recording and certifying revisions to the San Manuel Judicial Code, as enacted by the General Council, or Rules of Court, adopted by the Judiciary Committee, and providing copies to Tribal citizens and tribal agencies, as required.
Attends required hearings. Observes and maintains strict confidentiality of Tribal Court records and proceedings. Performs such other duties/responsibilities as directed by the Chief Judge.

Requirements:
The requirements listed below are representative of the education and/or experience required:
An understanding of current Native American culture and experience working with Native American communities is preferred. Ability to relate to the public, other agencies and court personnel in a professional, courteous and respectful manner. Ability to work effectively in a team environment. Ability to rapidly shift from one task to the next and to prioritize and coordinate accomplishment of multiple tasks simultaneously. Demonstrated ability to type at least 40 wpm. Ability to work with minimal to no supervision. Must be punctual and dependable in regular attendance. Must be bondable. Must submit to criminal, credit and character background checks and fingerprinting. Must submit to pre-employment drug test and may be subject to on-demand drug testing. No felony convictions or convictions for any crimes of moral turpitude or involving crimes against children.

Education and/or Experience
Associate?s degree or equivalent from a two-year college as a paralegal or legal secretary or degree in court administration or public administration; Three (3) years? experience as a tribal, federal or state court clerk or legal secretary or equivalent experience. Any equivalent combination of experience, education and training which provides the knowledge, skills and ability to perform this work.

Submit: Resume,See “Other” Comments
SubmitOther: Apply online:
https://www.ultirecruit.com/san1001/jobBoard/JobDetails.aspx?__ID=*D2691207E41B5EB2

CLE – Environmental Programs on Tribal Lands

Posted on by
STATE BAR OF ARIZONA
ENVIRONMENT AND NATURAL RESOURCES LAW SECTION
and the
INDIAN LAW SECTION

Present:
ENVIRONMENTAL PROGRAMS ON TRIBAL LANDS: DELEGATIONS, CAPACITY BUILDING, IMPLEMENTATION AND ENFORCEMENT.

Date: Friday, February 27, 2009

Time: 2:00 PM to 4:00 PM

Location: Lewis and Roca LLP, 40 N. Central Avenue, Phoenix, 15th Floor

Speakers:
Mr. Bill Yellowtail — Former EPA Region 8 Regional Administrator

and current Native American Studies professor at Montana State University.

Mr. Stephen Etsitty, Navajo Nation EPA

Mr. Brian Bonnen, Gila River Department of Land & Water Resources

Description: This Continuing Legal Education program is intended to help further your understanding of Tribal regulatory control over water resources. Tribes can and do have regulatory authority over many of the water resources located in Arizona. For many this is a way to improve water quality and improve health for their communities. For others, this is an issue they prefer to leave to the federal government. Meanwhile, for the regulated community, understanding when tribes can and do exercise jurisdiction and appreciating how to work with a tribal regulator can save time, expense, and frustrations. This CLE will feature an esteemed panel of regulators and former regulators.

COST: no cost to attend this program.

This Program may qualify for 2 hours of CLE credit.

Please RSVP to Teri Yeates, State Bar of Arizona by 12:00 Noon February 26, 2009 at (602) 340-7312 or via e-mail at Teri.Yeates@staff.azbar.org.

Teri Yeates
Administrator
Sections and Committees
State Bar of Arizona
4201 N. 24th Street, Suite 200
Phoenix, AZ 85016-6288
Direct Line: 602-340-7312
or 1-866-482-9227 ext 312
State Bar Fax: 602-271-4930

New 9th Circuit opinion

Posted on by

The Ninth Circuit, in an opinion by Judge Reinhardt and a dissent by Chief Judge Kozinski, held that a Blackfeet descendant was not an Indian for the purposes of criminal prosecution under the Major Crimes Act. The Court found that Cruz, a Blakfeet and a Canadian Blood Indian, did not meet the second prong of its test set forth in U.S. v. Bruce, 394 F.3d 1215 (9th Cir. 2005). The four factors under the second prong include: 1) tribal enrollmnent; 2) government recognition through receipt of benefits reserved to Indians; 3) enjoyment of benefits due to tribal affiliation; and 4) social recognition. Although Cruz is a descendant of a Blackfeet, Cruz is not an enrolled member of a federally recognized tribe and did not take advantage of any benefits reserved for Indians. Although Cruz lived on the reservation for a short time as a child, attended public school on the reservation and worked on the reservation, the Court did not find that these facts could satisfy any of the four factors under Bruce’s second prong.

The decision can be found at: http://www.ca9.uscourts.gov/datastore/opinions/2009/02/10/0730384.pdf.