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General Counsel
The Office of the General Counsel provides professional legal counsel to the Tribe in the areas of tribal government, federal-tribal relations, jurisdiction issues, environmental and natural resources law and policy, economic development, tribal business enterprise, and employment issues.
The General Counsel provides direct oversight of the Tribal Child Support Unit attorney and the Child Welfare attorney. In 2020, the Tribe formed a Tribal Emergency Operations Center (TEOC) and the General Counsel was appointed its Legal Officer. A significant portion of time was dedicated to providing legal advice and representation in regards to the CARES Act and the Tribe's response to the COVID-19 pandemic: Reviewed the CARES Act and provided legal advice and counsel, Tracked CARES related litigation, Provided legal support for the Tribe's three real estate transactions, and Participated in a Lunchtime Chat and transparently shared how the Tribe was expending CARES Act funds and other COVID-19 funding.
2020 Highlights
Worked with outside counsel to lobby regarding HB 142: » Governor Mike Dunleavy signed HB 142 into law, correcting Alaska’s Temporary Assistance for Needy Families statute to properly identify Tlingit & Haida as a federally recognized tribe instead of a regional non-profit. This correction had significant legal benefits to Tlingit & Haida. Prepared, oversaw and guided a draft probate code as requested by Tribal Assembly and consistent with tribal policy. » The probate code was approved by the Judiciary Committee for presentation to the Executive Council. The approval was without a recommendation for do pass or do not pass, to allow the Executive Council to consider the substantial questions presented by the probate code. Additional material will be prepared before presentation to the Executive Council. Intervened at the trial court level and participated in briefing and oral argument before Washington Supreme Court to ensure tribal children in Washington state courts have ICWA protections in child welfare proceedings. » The Washington Supreme Court issued an opinion, favoring Tlingit & Haida and other aligned parties that clarified application of the “reason to know” standard in Washington courts. The “reason to know standard” determines whether Indian Child Welfare Act protections are applied in a child welfare proceeding. The clarified application will benefit all tribal children in Washington state courts, not just Tlingit & Haida children. Provided tribal staff with orientations on Tlingit & Haida’s history and the important broader Alaska framework, recognizing and valuing the sovereignty of other
Southeast Alaska tribes. Provided legal support for the Tribe to secure an Alaska retail fireworks permit, as well as its due diligence and compliance efforts for this new business.
2021 Goals
Complete amendments to Title 06 – Tribal Courts and to Tribal Rules of Judicial
Conduct for presentation to the Executive Council. Complete the probate code for presentation to the Executive Council.
Shaa Xei di Tlaa Gaayjuwaay
Madeline Soboleff Levy General Counsel
