Office of 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 Child Support attorney, two Child Welfare attorneys, and two Staff Attorneys.

2021 Highlights

ƒ Continued to serve as the Legal Officer to the Tribal Emergency

Shaa Xei di Tlaa Operations Center (TEOC), providing legal updates and counsel. With

Gaayjuwaay the passage of the American Recovery Plan Act, a big focus shifted to

Madeline Soboleff Levy compliance with its requirements, which differed from the Coronavirus

General Counsel Aid, Relief, and Economic Security Act (CARES) Act. ƒ Provided support and legal advice to the Rescue Relief Household and Rescue Small Business

Grant programs regarding many unique circumstances of individual families and small businesses. ƒ Oversaw litigation that has allowed the Tribe to maintain its conditional use permit for the operation of non-congregate sheltering for the re-entry population at the facility located on Alaway

Avenue. ƒ Supported the Tribe’s participation in litigation to halt the sale of the Seattle National Archives facility. » The Tribe and other plaintiffs won a motion for a preliminary injunction to immediately and temporarily the sale. » The federal government reversed course and withdrew the sale. ƒ Monitored and reported regarding Yellen v. Confederated Tribes of the Chehalis Reservation, which asked the U.S. Supreme Court to decide whether Alaska Native Corporations (ANCs) were “Indian

Tribes” for purposes of the CARES Act. » The U.S. Supreme Court decided ANCs were Indian Tribes for that purpose. » As a result, $450 million in CARES funding originally set aside for Alaska was distributed to Alaska

Native Corporations. ƒ Participated in review, along with outside counsel, of Judicial Complaint Process outlined in

Section 4 of the Tribal Rules of Judicial Conduct. New forms and template letters have been drafted for use by the Judiciary Committee to support consistency across the process. ƒ Monitored and facilitated the Tribe’s participation in Brackeen v. Haaland (formerly Brackeen v.

Bernhardt). » Fifth Circuit Court of Appeals, en banc, issued its decision rehearing the case and held that the Indian Child Welfare Act (ICWA) is constitutional, while striking down three provisions for unconstitutionally commandeering state governments. » All parties have requested the decision be reviewed by the U.S. Supreme Court. ƒ Worked with the Human Resources Director and Chief Operating Officer in drafting the Tribe’s mandatory vaccination policy which was implemented on August 25, 2021.

Office of General Counsel

ƒ Supported the Tribe’s newly formed Youth Commission: » Met with the Youth Commission on several occasions to support drafting of the Commission’s bylaws. » Provided a presentation on Tlingit & Haida history, from time immemorial through the present. ƒ Worked with the Office of the President to review, number and format resolutions that were submitted for consideration at Tribal Assembly. Resolutions were distributed to Delegates on

September 20, 2021.

2022 Goals

ƒ Present a draft probate code to the Executive Council for consideration. ƒ Revise and draft key compliance procedures, including for elections. ƒ Complete amendments to Title 06 – Tribal Courts. ƒ Monitor and support the City & Borough of Juneau’s development of a fireworks control ordinance. ƒ Support the drafting, adoption and implementation of policies for compliance with 42 C.F.R. Part 2, which governs the protection of records regarding substance use disorder diagnosis, treatment and referrals.