Tribal Energy in the Northwest

This two-day conference on Tribal Energy in the Northwest, October 22 & 23, in Seattle, WA, will discuss recent developments in federal policies, new state initiatives and expanding opportunities for energy development in Indian country.

Featuring a special address on "Federal Tribal Energy Policies and Their Implications for the Pacific Northwest" from A. David Lester, Esq., Executive Director, Council of Energy Resource Tribes, this program will address:
Updates on federal tribal energy policies
State energy policy goals and the role of the Tribes
Renewable energy opportunities and challenges on tribal lands
Transmission issues for tribal generation and utility projects
Business structures for tribal energy projects
What makes a tribal energy project attractive to investors
Financing tribal energy projects
Due diligence and environmental compliance issues
A to-do list for starting a tribal utility
And more!

You can register here
What: Tribal Energy in the Northwest
When: October 22 & 23, 2007
Where: Seattle, WA (Red Lion Hotel)
Details: Tribal Energy in the Northwest Conference or call us at (800) 854-8009

Program Chairs: Sharon I. Haensly, Esq. of Williams Kastner & Gibbs PLLC and J.D. Williams, Esq. of Law Office of JD Williams

JOB: In House Attorney for the Crow Tribe of Indians

JOB ADVERTISEMENT
CROW TRIBE OF INDIANS
CROW AGENCY, MT

In-House Attorney

The Crow Tribe of Indians is currently accepting applications for a full-time in-house attorney position.

Description: The successful applicant will be responsible for juvenile prosecution and Indian Child Welfare Act matters on behalf of the Crow Tribe, and will be expected to divide her/his time as appropriate to cover the caseload in each respective area. S/he will represent the Tribe in all juvenile proceedings involving juvenile offenses, and in all Indian Child Welfare Act cases in which the Tribe has an interest.

Duties include practice in tribal and state courtrooms arguing motions, trying cases to judges and juries, as well as occasionally arguing special actions and appeals; participating in teleconference and telephonic hearings as required; performing job-related legal research in appropriate areas of law, including pre-trial motion practice through appellate arguments; drafting legal documents for all stages of caseload; participation in plea negotiations and pre-trial discovery with opposing counsel; review and analysis of statutes and caselaw pertaining to criminal law and procedure and Indian Child Welfare Act and any relevant tribal codes; training and supervision of others as required; and other related duties as assigned or required.

Minimum Qualifications
A Juris Doctorate (JD) degree from an accredited law school;
Admitted to practice in the State of Montana and a member in good standing of the Montana Bar;
Willing to sit for the next available administration of the Crow Tribal Bar Exam;
Prior legal experience in the areas of Indian Child Welfare Act casework and juvenile prosecution;
Understanding of and inherent respect for Crow Tribal history and culture;
Working knowledge of the Federal Rules of Evidence;
Demonstrated knowledge of Federal Rules of Criminal Procedure and surrounding caselaw;
Demonstrated knowledge of Federal Indian Law;
Ability to work efficiently in a bilingual courtroom setting; proficiency in the Crow language is desirable but not required;
Willing to sit for and ability to pass a criminal background check;
No felony convictions and no serious misdemeanor convictions within the past five years;
Must pass a pre-employment drug test;
Commitment to tribal sovereignty and Indian self determination;

Salary: DOE

Preference in filling vacancies is given to qualified Crow Tribal members, and to qualified members of federally recognized Indian tribes.

Interested individuals should submit a letter of interest, resume, and three (3) references to: Crow Tribe Human Resources Department, PO Box 159, Crow Agency, MT 59022 AND to: Office of Executive Counsel - Crow Tribe, Crow Agency, Montana 59022. Questions should be directed to Heather Whiteman Runs Him at the Office of Executive Counsel at (406) 638-2059, or emailed to heatherw@crownations.net. Position open until filled.

Recent Decision - Navajo v. US

Yesterday, the US Court of Appeals for the Federal Circuit issued a decision finding that "the [Navajo] Nation has a cognizable money-mandating claim against the United States for the alleged breaches of trust and that the government breached its trust duties." The Navajo Nation v. US., no. 2006-5059, slip op. at 38 (Fed. Cir. Sept. 13, 2007). The Nation claimed that the US breached its trust to the Nation by leasing land to the Peabody Coal Mining Co. The Court evaluated whether the purposes of an asserted network of statutes and regulations support a finding of a trust relationship between the Nation and the government that is "money-mandating" under the Indian Tucker Act, 28 USC 1505, and found that the law supported a fair inference of the existence of a trust relationship under the Act. The facts presented a finding that this trust relationship was breached. http://www.fedcir.gov/opinions/06-5059.pdf

Fifteen Attorneys Chosen for Inaugural Bar Leadership Program

Congratulations to the ILP's
Steve Bodmer ('06) and Leta Hollon ('05)!

Fifteen Attorneys Chosen for Inaugural Bar Leadership Program
PHOENIX – September 11, 2007

The State Bar of Arizona has named 15 attorneys to its inaugural Bar Leadership Institute, a one-year program designed to foster the professional growth and enhance the leadership skills of a diverse group of Arizona attorneys.

The attorneys participating in the inaugural class are:

Jesus Acosta, Laveen
Leonard Aragon, Phoenix
Jocquese Blackwell, Tucson
Steve Bodmer, Mesa
Jennifer Espino, Sells
Nathan Fidel, Phoenix
Leta Hollon, Flagstaff
Wendy Kim, Phoenix
Patricia Madsen, Phoenix
Leticia Marquez, Tucson
Toysha Martin, Phoenix
Marie Martinez, Nogales
Kate Pierce, Florence
K Royal, Tempe
Bryce Suzuki, Phoenix

Beginning this weekend through May 2008, the attorneys will attend monthly programs in leadership, ethics and career development.

Program topics include "What Does it Take to be a Leader," "Improving Your Legal Practice" and "Practicing Law in the Public vs. Private Sector." Throughout the year, participants will also have the opportunity to meet with judges, Congressional representatives, lobbyists and in-house counsel to experience the diversity of the legal profession.

"We hope the Leadership Institute increases participation and visibility in the State Bar and community-at-large among historically under-represented groups," says Daniel J. McAuliffe, president of the State Bar.

Following completion of the first year, participants must commit to one year of participation in a State Bar committee or section and/or another bar association or community organization.

Gover - New Director of NMAI

Gover to head Smithsonian museum

Kevin Gover, a professor at the Sandra Day O'Connor College of Law at Arizona State University and former Assistant Secretary of the Interior for Indian Affairs, has been chosen to be director of the Smithsonian's National Museum of the American Indian.

The museum made the announcement this week, saying Gover's appointment will be effective Dec. 2. "We're delighted that Kevin Gover will lead the Smithsonian's National Museum of the American Indian in the next phase of its service to the public," said Cristián Samper, Acting Secretary of the Smithsonian. "Mr. Gover's extensive experience in Washington and with Indian communities, his deep interest in and knowledge of Indian history and culture and his commitment to bringing the vast resources of the National Museum of the American Indian to the broadest possible audience will enable him to provide strong and effective leadership to the museum."

Gover said he was deeply honored by the appointment. "The museum's mission of educating the public about living Native cultures is an important and challenging one, and I am grateful for the opportunity to build upon the strong foundation created by the museum's founding director, Rick West," Gover said. Gover thanked ASU President, Dr. Michael Crow, and Patricia White, Dean of the College of Law, for their support. "I'm grateful that I will maintain an association with ASU and the Sandra Day O'Connor College of Law," he said. "I will miss my colleagues and students at Arizona State University and my many friends from the Indian nations of Arizona, but I do look forward to serving in a new capacity."

White said Gover will remain a professor at the law school on leave for the duration of his time at the museum. "The Smithsonian has made a magnificent appointment," White said. "Kevin Gover is a man of rare talent and integrity. His knowledge of Indian affairs and policy is unmatched, and his interpersonal skills are truly wonderful. "We are proud to have him on our faculty and selfishly wish that he were not taking leave to take on this important post." White said the College remains committed to maintaining the leading Indian Legal Program in the country and will seek new talent to fill the space left by Gover's departure.

Rebecca Tsosie, Executive Director of the Indian Legal Program, said Gover is the ideal person to serve as the museum's next director. "He has the knowledge and skills to lead this important institution, and to work collaboratively with policymakers and tribal leaders on the next phase of the Museum's development," Tsosie said. "The entire Nation will benefit from Professor Gover's leadership, and therefore I am very supportive of Professor Gover's decision to assume this important position. "Of course, at a personal level, those of us who worked closely with Professor Gover will miss having his daily presence at the law school, and his ever-present wisdom, practical genius, and sense of humor." Tsosie said the faculty, students and staff of the Indian Legal Program, as well as the larger ASU community, have benefited from Gover's leadership, knowledge and expertise, as well as his energy and commitment to serve Native communities "Professor Gover developed new offerings for the law school curriculum and worked in collaboration with Dr. Eddie Brown and other faculty to establish the interdisciplinary American Indian Policy Institute," she said. "He is an extraordinarily popular professor and a valued member of the law faculty. We are very proud and honored that Professor Gover intends to keep his affiliation with ASU and the Indian Legal Program, and we foresee many benefits from the partnership with NMAI that we are currently contemplating."

Kathlene Rosier, director of the Indian Legal Program, said Gover will continue to teach intersession and abbreviated courses as his time permits and will help support ASU students working and interning in Washington, D.C. "We hope to have him back as much as possible," Rosier said. "Of course we are saddened to see Kevin leave and know that the students will miss seeing him on a day-to-day basis, but I know this will open up wonderful opportunities to collaborate down the road."

Gover joined the Sandra Day O'Connor College of Law in 2003 and teaches federal Indian law, administrative law and statutory interpretation. He is also an affiliate professor in ASU's American Indian Studies Program and co-executive director of the university's American Indian Policy Institute.

Gover, 52, grew up in Oklahoma and is a member of the Pawnee Tribe of Oklahoma. He earned his bachelor's degree in public and international affairs from Princeton University and his law degree from the University of New Mexico School of Law. He was awarded an honorary doctor of laws degree from Princeton University in 2001. Gover also practiced law for more than 15 years in Albuquerque, N.M., and Washington, D.C. His legal career began in 1983 at Fried, Frank, Harris, Shriver & Kampelman in Washington. In 1986, he moved to Albuquerque and founded Gover, Stetson & Williams (1986-1997). His last stint in law practice was with the Washington office of Steptoe & Johnson (2001-2003). His practice areas included federal Indian law, commercial transactions, environmental and administrative law, and legislative affairs.

He currently serves as associate judge on the Tonto Apache Tribal Court of Appeals and the San Carlos Apache Tribal Court of Appeals. He is a member of the board of trustees of the nonprofit Grand Canyon Trust in Flagstaff, and of the board of directors of the nonprofit Futures for Children in Albuquerque. Gover served as Assistant Secretary of the Interior for Indian Affairs from 1997 to 2000, where he was responsible for policy and operational oversight of the Bureau of Indian Affairs, the agency responsible for the federal government's relations with Indian tribes. He oversaw programs in Indian education, law enforcement, social services, treaty rights and trust asset management. During that time, Gover concentrated on upgrading Indian law enforcement, rebuilding decrepit Indian schools, reforming trust services and overhauling the Bureau of Indian Affairs' management systems. His reform efforts, coupled with an eloquent apology to the nation's Indian communities for the history of wrongs done to them by the Bureau of Indian Affairs, won him wide approval in Indian country and Congressional praise.

Established in 1989, through an Act of Congress, the Smithsonian's National Museum of the American Indian is an institution of living cultures dedicated to advancing knowledge and understanding of the life, languages, literature, history and arts of the Native peoples of the Western Hemisphere. The museum includes the National Museum of the American Indian on the National Mall; the George Gustav Heye Center, a permanent museum in lower Manhattan; and the Cultural Resources Center, a research and collections facility in Suitland, Md.

Tribal Energy Conference

There is an advanced two-day conference on Tribal Energy in the Southwest, December 6 & 7, at the Indian Pueblo Cultural Center in Albuquerque, NM. This program will provide attorneys, tribal, government and industry representatives with key information on structuring energy resources for tribal facilities and commercial enterprises.

The faculty is drawn from:
Arizona Corporation Commission
Ater Wynne LLP
Council of Energy Resource Tribes
Dine Power Authority
Eastern Shoshone Business Council
Havasupai Tribe
Holland & Knight LLP
Morgan Keegan & Co., Inc.
National Congress of American Indians
Native American Contractors Association
Navajo Tribal Utility Authority
Navajo-Hopi Land Commission Office
New Mexico Public Regulation Commission
Sacred Power Corporation
Sandia National Laboratories
Southern Ute Growth Fund
Standard & Poors
Stoel Rives LLP
The Whitman Group LLC
Williams & Works, P.A.
Williams, Kastner & Gibbs PLLC

You can register here
What: Tribal Energy in the Southwest
When: December 6 & 7, 2007
Where: Albuquerque, NM (Indian Pueblo Cultural Center)
Details: Tribal Energy in the Southwest Conference or call us at (800) 854-8009

Program Chairs: Karen J. Atkinson, Esq. of Native American Contractors Association and Susan M. Williams, Esq. of Williams & Works, P.A.

Alumni News

Congratulations to Peter Larson ('02) and Theresa Rosier ('98) who were married on Saturday. This is the second Indian Legal Program wedding. The first ILP marriage was Brad Downes ('94) and Ann Marie (O'Gorman) Downes ('94).

Rod Lewis

Profile of Rodney Lewis from the Spring 2007 issue of Trinity Magazine--First Native American of record in Supreme Court

Rod Lewis was featured in a wonderful profile in Trinity Magazine (Spring 2007), the Magazine of Trinity University, San Antonio. Your recognition is well deserved!

ALUMNI NEWS - Denise Hosay ('07)

Denise Hosay was featured in the June 2007 issue of The Yavapai News. The article "Denise Hosay Becomes First FMYN Law School Graduate" discusses Denise's accomplishments. Congrats Denise!

NATIVE AMERICAN BAR ASSOCIATION

PLANNING MEETING

PLEASE JOIN US ON

FRIDAY, SEPTEMBER 21ST

TO PLAN ACTIVITIES FOR 2007-2008!!

The Board of the newly formed Native American Bar Association will be hosting a planning meeting to discuss NABA plans for 2007-2008, including:

· scholarship/fundraising activities
· membership services
· CLE programs
· community outreach
· additional NABA co-sponsored events

Bring your ideas to the planning meeting! We look forward to seeing you!

Where: ASU College of Law Library

When: September 21, 2007

Time: 11:30 a.m. - 1:00 p.m.

RSVP: Please RSVP to Kerry Patterson at 602-916-5491 or kpatters@fclaw.com by September 18, 2007

Lunch will be provided

Free Training

Domestic Violence Expert Witness Institute

Victim Advocates And Tribal Law Enforcement
October 17—18, 2007

Tucson, Arizona

Marriott University Park Hotel

880 E. 2nd StreetTucson, Arizona 85719

This 2 day, tuition free course provides hands-on, experiential training on how to qualify as an expert witness on domestic violence in tribal, state, and federal courts. Learn from some of Indian Country's leading judges, attorneys, law enforcement officers, and victim advocates how to prepare for trial, qualify as an expert witness on domestic violence, and provide effective, persuasive testimony.Participants will have the opportunity to simulate taking the stand and providing domestic violence expert witness testimony in small, interactive breakout groups facilitated by legal, advocacy, and law enforcement experts.This is an advanced level professional course to assist experienced victim advocates and law enforcement officers in qualifying and providing effective testimony as expert witnesses on domestic violence against Native women. Registration is free. You can register on-line at www.swclap.org The deadline for registration is September 17, 2007. Preference is given to OVW grantees working with Native women. There are a limited number of hotel rooms at the Marriott University Park Hotel at the discounted room rate of $83 a night single/double. Hotel reservations must be made no later than September 17, 2007 by calling the Marriott at (520) 792-4100. For more information, please see our website: www.swclap.org or contact us by phone at 520-623-8192.

JOB: Associate Judge Fort McDowell Yavapai Nation Tribal Court

Associate Judge

DEPARTMENT: Tribal Court

REPORTS TO: Chief Judge

DEFINITION / PURPOSE:
Preside over assigned criminal, civil and juvenile cases for the Fort McDowell Yavapai Nation.

ESSENTIAL FUNCTIONS:
Essential functions may include the following tasks, knowledge, skills and other characteristics. This list of tasks is ILLUSTRATED ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class.

DUTIES AND RESPONSIBILITIES:
Hears and timely determines all cases filed in the Tribal Court and assigned by the Chief Judge and including but not limited to: criminal, traffic, civil (e.g. domestic relations, probate, repossession, breach of contract, personal injury), juvenile, and children cases (e.g. neglect, dependency, incorrigibility, truancy).
Conducts quality and efficient legal research and issues orders in connection with cases heard in a timely matter.
Presides over jury trials when assigned;
Issues search and seizure warrants, arrest warrants, and orders of protection when appropriate.
Assists in the development of court rules of procedure and court policies in all areas listed above.
Performs other duties as assigned by the Chief Judge.

SKILLS ABILITIES AND KNOWLEDGE:
· Demonstrates oral and written communication skills as well as skill in legal research and analytical skills commensurate with the position of Associate Judge.
· Knowledge of general legal principles in all areas listed in “Tasks”
· Knowledge of federal Indian Law
· Must understand, appreciate and promote the ideas of tribal self-determination and tribal sovereignty.
· Must understand, appreciate and promote Native American tribal governments and Native American people;
· Knowledge of common court and trial procedures, including jury trail procedures.
· Ability to complete written legal opinions demonstrating proper legal analysis and efficient legal writing skills, including proper legal citation.
· Knowledge of courtroom management skills and case management skills
· Knowledge or willingness to learn the Law and Order of Code of the Fort McDowell Yavapai Nation, including custom and tradition.

MINIMUM QUALIFICATIONS:
1) At least thirty (30) years of age 2) Must be a law school graduate OR possess a minimum of three years experience as a judge, practicing attorney or advocate and have a high school diploma or GED Certification 3) Must have no felony convictions and no serious misdemeanor criminal convictions within the past five years 4) Must submit to and pass a FBI criminal history background check 5) Must successfully pass a pre-employment drug screen 6) Current AZ drivers license and meet FMYN insurance standards.

PAY RATE $65,388.30 to $78,465.96 Per Annum (DOE)

POSITION STATUS: Regular, Full-Time (This is an appointed position by the Tribal
Council for two years)

OPEN DATE: August 30, 2007 CLOSE DATE: September 13, 2007

SUBMIT APPLICATION TO: Fort McDowell Yavapai Nation Human Resources Dept.
Attn: Recruiter
PO Box 17779
Fountain Hills, AZ 85269
Phone: 480-816-7119
Fax: 480-816-0419
Email: recruiter@ftmcdowell.org


INDIAN PREFERENCE:
Preference will be given to qualified applicants who are members of federally recognized Indian tribes. To be considered for Indian Preference, you must submit your Certificate of Indian Blood (CIB) with your application.

WILL REQUIRE TO PASS A PRE-EMPLOYMENT DRUG SCREEN AND COMPLETE A BACKGROUND CHECK WHICH MAY REQUIRE FINGERPRINTING




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