Author Archives: Indian Legal Program
Prof. Miller in Turtle Talk’s Most Downloaded Indian Law Papers (2018-2019 Academic Year)
Professor Robert J. Miller is listed on Turtle Talk’s Most Downloaded Indian Law Papers for 2018-2019 Academic Year twice! ILP is proud of his success!
“Who Owns Our Ancestors’ Voices? Tribal Claims to Pre-1972 Sound Recording” by Prof. Reed
Professor Trevor Reed just finished his first year teaching at ASU Law and is a fantastic addition to our team. You can read Professor Trevor Reed’s article “Who Owns Our Ancestors’ Voices? Tribal Claims to Pre-1972 Sound Recordings.”
Prof. Miller published in BYU Law Review
Professor Robert J. Miller’s article “Sovereign Resilience: Reviving Private-Sector Economic Institutions in Indian Country” was published in Brigham Young University Law Review. To review, click here
Job Opportunity – Associate Justice
Salt River Pima-Maricopa Indian Community
Scottsdale, AZ
Closing: 5/17/19 11:59 PM
Definition:
Participates and as required, may preside over criminal, civil and juvenile appeal hearings as part of the SRPMIC Appellate Court. Responsible for the fair and impartial administration of justice pursuant to the judicial powers granted by the Salt River Pima-Maricopa Indian Community (SRPMIC) and in ensuring SRPMIC adherence to applicable Federal, Tribal and other relevant laws and ordinances. The Associate Justice is appointed by the Council.
Examples for Tasks:
1. The Associate Justice will sit on an appeals panel to hear cases brought before the Appellate Court. Facilitates and ensures all applicable rules of evidence and other judicial requirements are followed by all parties involved in the tribal court’s decision.
2. As required, monitors timelines for filings of briefs, motions and/or other steps and processes within the Appellate process. Schedules briefings and determines compliance to timelines and time frames of all court procedures.3. Grants or denies requests for extensions, issues an Opinion, Memorandum or Order within established timeframes.
4. Reviews processes, procedures, rulings and other activities including verdicts/final judgments from the trial court along with requests for non-final orders or judgments. Reviews record on appeal as prepared by trial court clerk.5. Reviews briefs, memoranda and other submitted documents to evaluate and determine if applicable rules of evidence and other judicial requirements were followed by all parties involved in the tribal court’s decision.
6. May issue ancillary orders and approve/disapprove Amicus Curiae briefs requested to be filed.7. Performs other job related duties as assigned to maintain and enhance Community Appellate Court operations.
Qualifications:
Education & Experience: The applicant shall meet all the qualifications as set for in Chapter 4, Article 2, 4-32 (2) (a), (b), (d), (e), (h), (i) and (k), as well as Section 4-88(2) of the SRPMIC Code of Ordinances as amended. Such qualifications include:
1. Must be thirty (30) years of age or older;
2. Possessing a two (2) year degree (Associate of Arts, certificate, etc.) or higher preferably in a law related field (e.g., law degree, criminal justice, administration of justice, police science, paralegal) OR having at least three (3) years consecutive bench experience within the past five (5) years of appointment to the bench;3. Must have at least five (5) years of judicial or law-related experience;
4. Preference will be given to candidates who are members of the Salt River Pima-Maricopa Indian Community, the Gila River Indian Community, the Ak-Chin Indian Community or the Tohono O’odham Nation, or other federal recognized tribe.
5. Preference will also be given to candidate with prior tribal court judicial experience.6. Having never been convicted of a felony in any jurisdiction, and having not been convicted of a misdemeanor within five (5) years of the date of the judicial application filed with the SRPMIC Council. A misdemeanor shall be conviction of the type of behavior proscribed in Chapters 6 and 10 and 16-231 through 16-236 of Chapter 16 (Dealing with DWI and Reckless Driving) of the SRPMIC’s Code of Ordinances, whether committed on the Salt River Pima-Maricopa Indian Community or in another jurisdiction;
7. Be of good moral character, and in determining character, the SRPMIC Council shall consider, among other things, the laws, customs and traditions of the SRPMIC;8. Familiar with the customs and traditions of the Akimel O’odham and Xalychidom Piipaash people and how those customs and traditions can be applied to the matters pending before the Community Court;
9. Serving a one (1) year probationary period;10. Having never been removed for good cause from a judge position in any jurisdiction;
11. Being subject to the SRPMIC Court Rules of Professional Conduct, Section 2 Judicial Rules of Professional conduct and as these rules may be amended.
“SRPMIC is an Equal Opportunity/Affirmative Action Employer” Preference will be given to a qualified Community Member, then a qualified Native American and then other qualified candidate.
In order to obtain consideration for Community member/Native American preference, applicant must submit a copy of Tribal Enrollment card or CIB which indicates enrollment in a Federally Recognized Native American Tribe by one of the following methods:1) attach to application2) fax (480) 362-58603) mail or hand deliver to Human Resources.
Applications may be filed online at: http://www.srpmic-nsn.gov/employment
To download full job description, click here.
Applications Being Accepted for Arizona Court of Appeals-Division I Vacancy
AApplications are being accepted for a vacancy on Division One of the Arizona Court of Appeals created by the appointment of Judge James P. Beene to the Arizona Supreme Court.
The Commission on Appellate Court Appointments will review applications, interview selected applicants, and recommend at least three nominees for the vacancy to Governor Doug Ducey, who will appoint the new judge.
The most current judicial application form (revised January 2017) can be downloaded at the Judicial Department website: www.azcourts.gov/jnc. Applications may also be obtained from the Administrative Office of the Courts, Human Resources Department, 1501 W. Washington, Suite 221, Phoenix, by calling (602) 452-3311, or by sending an electronic mail request to jnc@courts.az.gov.
Applicants must be of good moral character and admitted to the practice of law in, and a resident of the state of Arizona for the past five years, and a resident of Maricopa County for the past three years.
A signed original application with all attachments, and a searchable .pdf version of the application and attachments must be submitted to the Administrative Office of the Courts, Human Resources Department, 1501 W. Washington, Suite 221, Phoenix, AZ, 85007, by 3:00 p.m. on May 31, 2019.
Eligible applicants who wish to be considered for this vacancy and the vacancy on the Arizona Supreme Court DO NOT need to submit two separate applications.
The Commission may, at its discretion, use the applications filed for this vacancy to nominate candidates for any additional vacancies known to the Commission before the screening meeting for this vacancy is held.
All meetings of the Commission on Appellate Court Appointments are open to the public. Meeting dates will be announced.
The new judge will be paid $154,533.75 annually.
Job Opportunity – Associate Judge
Puyallup Tribe of Indians
Closes: 5/17/2019
Serves as hearing judge for the Puyallup Tribal Court in accordance with the tribal Judicial Administrative Code. The term of the Associate Judge shall be three (3) years from the date of appointment by the Tribal Council. A judge may be reappointed at the expiration of a term in the discretion of the Tribal Council.
Essential Duties and Responsibilities:
- Hears cases brought before the court or jury, including, but not limited to criminal, civil, fishing, hunting, youth dependency, traffic, housing, gaming, employment and all domestic violence related cases.
- Determines the meaning, interpretation, and application of the Tribal Constitution and laws and, where appropriate, other authorities.
- Issues subpoenas compelling the attendance of witnesses at proceedings.
- Issues search warrants and warrants to apprehend pursuant to the Tribe’s rules governing criminal procedure.
- Determines the amount of bail to be posted.
- Issues any order or writ necessary and proper to the complete exercise of the powers and the general authority of the court, including those necessary to compel compliance with orders of the court and to punish persons for failure to comply.
- Conducts legal research and writing.
- Performs other duties as assigned.
Education and/or Experience
Juris Doctorate degree and three years related experience; or equivalent combination of education and experience. Must have excellent written and oral communication skills, with experience in writing a variety of court related documents. Must have knowledge and understanding of courtroom procedures.
How to apply:
Apply online at https://usr55.dayforcehcm.com/CandidatePortal/en-US/ptoiad
or follow the link on the Puyallup Tribe’s employment page: http://puyallup-tribe.com/employment/.
If you have any questions about the online application, call (253) 573-7863 or email
jobs@puyalluptribe-nsn.gov
To download full job announcement, click here.
Job Opportunities – Yavapai-Apache Nation
Yavapai-Apache Nation
Prosecutor II
Closes: 5/10/2019
The Prosecutor investigates, evaluates and prosecutes juveniles and adults accused of violating the criminal laws of the Yavapai-Apache Nation. The Prosecutor also represents the Nation in dependency and neglect proceedings, including Indian Child Welfare proceedings, before tribal and state courts. The Prosecutor will perform the duties and responsibilities of the position in an ethical manner and assure that justice is upheld according to the laws and custom of the Yavapai-Apache Nation. Download full job description here.
Associate Justice of the Appellate Court
Closes: 5/10/2019
The Court System of the Yavapai-Apache Nation is a two-tiered court system consisting of trial and appellate courts. The government of the Nation is operated in accordance with a Constitution and Laws. The Associate Justice will be appointed to a two-year term of office and may be re-appointed upon re-application. Download full job description here.
How to apply:
Please submit your resume and application to:
Yavapai-Apache Nation / Human Resources
2400 W. Datsi / Camp Verde, AZ 86322
P: 928-567-1062 / Fax: 928-567-1064
www.yavapai-apache.org
Job Opportunities – Navajo Nation
Staff Attorney, Chinle Judicial District, Chinle AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled.
Associate Attorney, Supreme Court of the Navajo Nation, Window Rock, AZ. This position provides a variety of legal advice, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as researching and recommending policy changes and improvements for overall Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
Court Solicitor, Supreme Court of the Navajo Nation, Window Rock, AZ. This position provides a variety of legal advice, counseling, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as recommending policy changes and improvements for overall Judicial Branch; shall supervise and oversee all licensed attorneys, law clerk, hearing officers, supreme court clerk, and law clerk interns of the Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
District Court Judge, Judicial District Court, Navajo Nation Wide. The District Court Judge is responsible in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of the Judicial District. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
Associate Justice, Supreme Court of the Navajo Nation, Window Rock, AZ. This position shall perform work of unusual difficulty, hear arguments, read briefs and conduct research necessary to pass judgment and issue rulings on cases brought before the Navajo Nation Supreme Court. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
Job Opportunity – General Counsel
Havasupai Tribe
Flagstaff, AZ
Application closes: May 15, 2019
Job Summary:
The General Counsel is the principal legal counsel of the Havasupai Tribe and reports directly to the Havasupai Tribal Council. The General Counsel provides professional legal counsel and representation to the Havasupai Tribal government as indicated by the Tribal Council. The General Counsel works closely and independently with the Tribal Council and the Tribal Government staff. Finally, the General Counsel assists the Tribal Council in managing the work of the Tribe’s outside legal counsel.
The Havasupai Tribe has a remote office in Flagstaff, Arizona for professional staff.
- The General Counsel shall focus legal representation and work for the Havasupai Tribe on the following priority areas and issues:
• Tribal Council procedures and day-to-day management of the tribal governmental affairs and operation of tribal enterprises including personnel matters.
• Legal assistance to managers of tribal programs including housing, health care services, education, social services, elderly services, environmental programs, natural resources, facilities management, and other programs funded by the Tribe and by federal and state - Advises and represents the Tribe in civil liability matters that the Havasupai may become a party to in Tribal and Federal Court.
- Supervises the Tribe’s outside/contract attorneys, to help achieve successful completion of their assigned work.
Minimum Qualifications:
- Knowledge of the Havasupai Tribe.
- Must have at least three years of experience working with Tribal Governments.
- Must be an attorney in good standing with a state bar association in the United States without any disbarments.
- Must possess knowledge of Tribal, State, and Federal law, including administrative procedures.
- Must be able to effectively represent the Tribe in tribal court.
- Must pass pre-employment drug and health screening.
- Must have demonstrated ability to maintain satisfactory working record in any prior or current employment and the ability to work independently with self-direction and effective time management.
- Ability to reach
Application Procedures:
Submit a letter of interest and resume or curriculum vitae to Zach Stevens. zstevens@mvicklaw.com
- Provide at least 3 professional references and contact information for each.
- Provide law school transcripts.
- Provide a writing sample of at least 1,000 words from a document prepared in the course of regular work in the past year with confidential information redacted.
- Be available for an in-person interview in Supai on the Havasupai Reservation.
To download job announcement, click here.