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
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
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
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
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
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
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.
JOB: Colville Staff Attorney
STAFF ATTORNEYS (TWO POSITIONS)
OFFICE OF THE RESERVATION ATTORNEY
The Confederated Tribes of the Colville Reservation seeks to fill two positions in its Office of Reservation Attorney (ORA). Candidates for either position must possess particular experience and expertise in Indian Law; experience working for a tribal government is preferred. One position requires at least two years experience as a licensed attorney; the other requires at least eight years experience as a licensed attorney.
The Colville Reservation, with headquarters in Nespelem, Wash., contains 1.4 million acres and provides its attorneys the opportunity to work on significant jurisdictional, natural resources and sovereignty issues, among other areas, and to become engaged in a variety of interesting and important legal matters. ORA is one of the oldest on-reservation tribal government law offices (established in 1981), with a strong tradition of excellence.
Applicants must be admitted to practice before the Washington State Courts upon hire or within one year of hire. Applicants should have extensive civil litigation experience in federal courts and be able to perform all litigation tasks. Exceptionally strong research and writing skills are required. Otherwise strongly qualified applicants with less litigation experience will be considered.
Salary is DOE, beginning at $68,000 annually for an attorney with two years of experience, and increasing thereafter based upon additional years of experience. Generous health and retirement benefits are provided.
The position is open until filled, but applications must be submitted by March 1, 2009, to be considered for the first round of interviews. Please submit cover letter, resume listing at least three references, and writing sample to Alice Koskela, Managing Attorney, Office of the Reservation Attorney, P.O. Box 150, Nespelem, WA 99155.
ORA is an Indian Preference employer, and Native American attorneys are encouraged to apply.
Tsosie contributes to book on Indigenous Rights
Tsosie contributes to book on ‘Indigenous Rights’
Rebecca Tsosie Rebecca Tsosie, executive director of the Indian Legal Program, has contributed a paper on “Indigenous Treaty Rights: Sacred obligations, Intercultural Justice and the Discourse of Treaty Rights,” to a book, Indigenous Rights, that will be published by Ashgate in April.
“Throughout the world, indigenous rights have become increasingly prominent and controversial,” states the book’s description. “The recent adoption by the United Nations General Assembly of the Declaration on the Rights of Indigenous Peoples is the latest in a series of significant developments in the recognition of such rights across a range of jurisdictions.
“The papers in this collection address the most important philosophical and practical issues informing the discussion of indigenous rights over the past decade or so, at both the international and national levels. Its contributing authors comprise some of the most interesting and influential indigenous and non-indigenous thinkers presently writing on the topic.”
The book is edited by Anthony J. Connolly, of the Australian National University.
Upcoming College of Law events
Statutory Interpretation from Blackstone to Scalia and Beyond – CLE
Friday, February 6, 20092:00 PM – 5:00 PMDowntown Justice Center
620 W. Jackson St.
Phoenix, AZ More Information
Utah Alumni Reception
Friday, February 6, 2009
5:00 PM – 6:30 PM
Hosted by Alumnus Gordon Campbell, Esq. College of Law Class Year 1972
At the Law Firm of Parsons Behle & Latimer, PLC 201 South Main Street, Suite 1800
Salt Lake City, UT 84111 RSVP for Event
DNA Database Woes and the Birthday Problem
Speaker: David Kaye, Professor of Law, Sandra Day O’Connor College of Law
Tuesday, Feb. 17, 200912:10 PM – 1:00 PM Armstrong Hall, Room 114
Sandra Day O’Connor College of Law
2nd Annual William C. Canby Lecture
Speaker: Diane Enos, President of the Salt River Pima-Maricopa Indian Community
Tuesday, February 17, 20094:30 PM – 6:00 PM
Armstrong Hall, Great Hall
Sandra Day O’Connor College of Law
RSVP for Event
1st Annual Edward J. Shoen Leading Scholars Lecture
Speaker: Paul H. Robinson, Colin S. Diver Professor of Law at the University of Pennsylvania Law SchoolThursday, Feb. 26, 200912:00 PM – 1:30 PM
Armstrong Hall, Great HallSandra Day O’Connor College of Law
RSVP for Event
The Importance of Intellectual Property in Advancing Science
Speaker: Rod Fuller, Esq., Fennemore Craig
Thursday, Feb. 26, 200912:10 PM – 1:00 PM Armstrong Hall, Room 114
Sandra Day O’Connor College of Law
Health Care Entrepreneurism: Legal Challenges
Speaker: Dr. John Shufeldt, NextCare
Tuesday, March 3, 200912:10 PM – 1:00 PM Armstrong Hall, Room 114
Sandra Day O’Connor College of Law
2009 Rocky Mountain Legal Writing ConferenceMarch 13-15, 2009 Armstrong HallSandra Day O’Connor College of LawMore Information
Arizona Supreme Court Oral Arguments
Tuesday, March 24, 20098:30 AM – 1:30 PM Armstrong Hall, Great Hall
Sandra Day O’Connor College of Law
John P. Morris Memorial Lecture
Topic: The Meaning of the Obama Candidacy to Lawyers of Color and to all Americans
Tuesday, March 31, 20095:00 PM – 6:30 PM Armstrong Hall, Faculty Center
Sandra Day O’Connor College of Law
Indian Legal Program Alumni & Friends Reception
Thursday, April 2, 20095:30 PM – 7:00 PM Buffalo Thunder Resort & CasinoSante Fe, NM
For more information, please contact Kate Rosier at 480-965-6204
Forensic Science for the 21st Century: The National Academy Sciences Report and Beyond
April 3-4, 2009
Armstrong Hall
Sandra Day O’Connor College of Law
More Information
13th Annual Willard H. Pedrick Lecture
Speaker: The Honorable Harry T. Edwards, Senior Circuit Judge, Chief Judge Emeritus of the U.S. Court of Appeals for the D.C. Circuit
Friday, April 3, 20091:00 PM – 2:00 PM Armstrong Hall, Great HallSandra Day O’Connor College of Law
Class of 1998 Reunion
Saturday, April 4, 20096:00 PM – 10:00 PM
Old Main
Arizona State University
For information please contact Ann Snider at 480-965-5290 or ann.snider@asu.edu
Hooked: Legal and Ethical Implications of Recent Advances in Alcohol and Drug Addiction Research Conference
Friday, April 10, 2009
8:00 AM – 5:00 PM
Sandra Day O’Connor U.S. Courthouse
401 W. Washington St.
Phoenix, AZ
More Information
JOBS: Colorado River PD and Deputy GC
This link contains several jobs available at CRIT. It includes one for the Tribal Public Defender and one for the Deputy General Counsel.
http://www.crit-nsn.gov/crit_contents/notices/jobs_020309.pdf