Office of Solicitor General

The Solicitor General serves as lead Interior Legal Counsel of the Mille Lacs Band, and not solely as legal representative of the Executive Branch of government. 4 MLBSA § 16(a); 24 MLBSA § 1054(b). The Solicitor General is not considered an executive officer. 4 MLBSA § 4. Consequently, the Solicitor General does not sit on the Administration Policy Board. 4 MLBSA § 9(a). The Solicitor General nonetheless must adhere to the tribal Ethics Code due to his or her status as an appointed official. 6 MLBSA § 1153(a).

The OSG does not provide direct legal services to Band members, but rather represents the Band government and its employees, provided such individuals are acting in an official capacity. 4 MLBSA § 18(f); 24 MLBSA § 1054(b). The primary responsibility of the OSG is the objective interpretation, application, and enforcement of Band law. 4 MLBSA § 19(a-b); 24 MLBSA § 1054(f). The OSG maintains absolute independence in the performance of this obligation. 4 MLBSA § 18(b).

The authority of the Solicitor General finds its expression in several statutory titles, but principally in Titles 4 and 24, respectively entitled “Executive Branch” and “Judicial Proceedings.” The Solicitor General is responsible for representing the executive and legislative branches in the MLB Court of Central Jurisdiction. 2 MLBSA § 1108(b); 4 MLBSA § 16(a). This duty also extends within other courts of competent jurisdiction. 4 MLBSA § 18(a, c).

At times, tribal statute specifically denotes either the client or representational subject area of the OSG. 17 MLBSA § 13 (identifying specific duty to represent the Loan Committee before the Court of Central Jurisdiction); 18 MLBSA § 7 (identifying specific duty to represent the Corporate Commission before the Court of Central Jurisdiction); 18 MLBSA § 422 (identifying specific duty to represent the Administration Policy Board in matters regarding Indian Employment Rights); 22 MLBSA § 1(k) (identifying specific duty to represent the Commissioner of Finance in matters regarding taxation); 8 MLBSA §§ 16, 3122 (emphasizing prosecutorial role in the context of juvenile proceedings); 9 MLBSA § 28(a) (clarifying advocacy role in relation to the School Board); 11 MLBSA §§ 8, 18 (addressing ability to seek injunctive relief to abate environmental degradation); 10 MLBSA § 119 (conferring statutory standing to appeal a Federation Cultural Resources Board determination). The OSG additionally provides general legal advice and counsel. 4 MLBSA § 18(f); see also 4 MLBSA § 18(e) (assisting in the drafting and amending of governmental laws, orders and policies); 4 MLBSA § 18(b) (upholding tribal laws, orders, judgments, policies, and contracts). Certain particular functions are also set forth in tribal statute. 4 MLBSA § 18(e) (certifying and codifying Band ordinances); 6 MLBSA § 1 (regarding duty to periodically amend the personnel policies and procedures); 24 MLBSA § 3361 (regarding duty to develop boilerplate forms relating to per capita withholding); 6 MLBSA § 2005(a) (determining whether a former or current Band official may be entitled to indemnification); 7 MLBSA § 26(b)(2) (reviewing procurement contracts that exceed $5,000.00 in cost); 22 MLBSA § 211(b, f) (exercising oversight of tobacco sales licensure); 3 MLBSA § 27(b) (confirming appropriate form and execution of legislative orders).

In conjunction with the foregoing, the Solicitor General may formally issue presumptively binding legal opinions. 4 MLBSA § 18(d). A Solicitor General Opinion gains the force of law if the Band Assembly declines to annul the opinion, in whole or in part, within five (5) days after its receipt, provided that the tribal Judiciary does not subsequently issue a contrary judgment. 3 MLBSA § 17; 4 MLBSA § 18(d). The OSG otherwise routinely renders informal legal opinions upon the request of elected and appointed officials.

Solicitor General Opinions

Angel E.A. Daher
Managing Attorney
Date of Employment: November 16, 2015

Education:
Metropolitan State University, St. Paul, MN
1998, B.A. Philosophy

Hamline University School of Law, St. Paul, MN
2002, Juris Doctor

Experience:
Bruner Law Group, PLLC, Minnetonka, MN (Senior Attorney, 2015)
Aronson & Associates, P.A., Minneapolis, MN (Of Counsel, 2013-2014)
ICWA Law Center, Minneapolis, MN (Staff Attorney, 2004-2012)
Solo Practitioner, Minneapolis, MN (2002-2006)

OSG Practice Areas: Child Protection, Civil Litigation, Criminal Prosecution, Guardianship

Admissions: Mille Lacs Band of Ojibwe, State of Minnesota

Tribal Enrollment: Lac Courte Oreilles Band of Lake Superior Chippewa

Michael L. Hogan Jr.
Title: Deputy Solicitor General
Date of Employment: 2013-2017, 2018-present

Education:
Antioch College, Yellow Springs, OH
2004, B.A. Political Science

William Mitchell College of Law, St. Paul, MN
2009, Juris Doctor

Experience:
Minnesota Nurses Association, Labor Relations Specialist (2017-2018)
Minneapolis American Indian Center (2011-2013)

OSG Practice Areas: Child Protection, Civil Litigation, counsel to the Gaming Regulatory Authority

Admissions: Mille Lacs Band of Ojibwe; State of Minnesota; U.S. District Court, District of Minnesota

Emily Duven
Deputy Solicitor General

Date of Employment: September 17, 2018

Education:
University of Iowa, Iowa City, Iowa,
2003, B.S. Business Marketing
Hamline University School of Law, St. Paul, MN
2006, Juris Doctor

Experience:
Team Lead, KLD Discovery: e-discovery and team management of large e-discovery document review and litigation discovery.
Advisor, Sakallah Group: employment and human resources, business formation and development, property acquisitions, contract disputes and litigation
Contract Attorney, Minnesota Department of Transportation: Data Practices, prevailing wage and contractor disputes
Contract Attorney, Law Office of Michael D. Schwartz: business, employment and other civil litigation

OSG Practice Areas:
Child Protection, Child Support, Guardianship, Truancy

Admissions:
Minnesota Supreme Court, U.S. District Court - Minnesota, Mille Lacs Band

Charles W. Naughton
Deputy Solicitor

Date of Employment: September 8, 2020

Education:
Mankato State University, Mankato, MN 1995, B.S. Finance, Marketing and Pre Law
William Mitchell College of Law, St. Paul, MN 2005 Juris Doctor

Experience:
Associate Attorney, Hess & Jendro Law Office P.A., Elk River, MN
Berry Law Offices, Princeton, MN
Partner Scintilla Media, LLC, Minneapolis, MN

OSG Practice Areas:
Child Protection, Child Support, Adult Guardianship and Criminal Prosecution

Admissions:
Minnesota District Court
Federal District Court, District of Minnesota
Mille Lacs Band of Ojibwe Tribal Court

Benjamin L. Lundquist
Deputy Solicitor General
Date of Employment: September 2020

Education:
Gustavus Adolphus College, St. Peter, MN, 2012, B.S. Political Science, English
University of Oklahoma College of Law, Norman, OK, 2015, JD

Experience:
Associate Attorney, Midwest Disability, Minneapolis, MN
Associate Attorney, Baumert, Cummings & Hiatt, Ponca City, OK

OSG Practice Areas:
Child Protection, Truancy, Civil Litigation

Bar Admissions:
Mille Lacs Band of Ojibwe Tribal Court
Minnesota District Court
Oklahoma District Court

“The Solicitor General shall serve a four-year term of office commencing May 1, 1987, and on this date every four years hence.” 4 MLBSA § 17(b).

Tadd M. Johnson, Esq.
Appointed/Served Term: 1988-1989, 2000-2002, 2006-2007, 2018
Education: University of Minnesota Law School, J.D. (1985)
Tribal Enrollment: Bois Forte Band of Ojibwe (Minnesota).

Todd R. Matha, Esq.
Appointed/Served Term: May 2, 2011-April 25, 2018
Education: University of Minnesota Law School, Minneapolis, MN
1996, Juris Doctor
Tribal Enrollment: Ho-Chunk Nation

Rjay J. Brunkow, Esq.
Appointed/Served Term: Nov. 27, 2006 – May 2, 2010
Education: University of Minnesota Law School, J.D. (2004)
Tribal Enrollment: Turtle Mountain Band of Chippewa Indians (North Dakota).

John S. Swimmer, Esq.
Appointed/Served Term: 2003-Mar. 27, 2006
Education: University of Wisconsin Law School, J.D. (1998)
Tribal Enrollment: Cherokee Nation (Oklahoma).

Mary Al Balber, Esq.
Appointed/Served Term: 2002-2003
Education: Hamline University School of Law, J.D. (1990)
Tribal Enrollment: Red Cliff Band of Lake Superior Chippewa Indians (Wisconsin).

Adam H. Altman, Esq.
Appointed/Served Term: 1999-2000
Education: University of Minnesota Law School, J.D. (1998).

James M. Genia, Esq.
Appointed/Served Term: 1993-1999
Education: William Mitchell College of Law, J.D. (1990)
Tribal Enrollment: Little Traverse Bay Bands of Odawa Indians (Michigan).

James F. Pence, Esq.
Appointed/Served Term: 1991-1993
Education: University of Minnesota Law School, J.D. (1971)
Tribal Enrollment: White Earth Band of Ojibwe (Minnesota).

Anita P. Fineday, Esq.
Appointed/Served Term: 1990-1991
Education: University of Colorado Law School, J.D. (1988)
Tribal Enrollment: White Earth Band of Ojibwe (Minnesota).

Joshua J. Kanassatega
Appointed/Served Term: May 26, 1983-1987
Education: University of Washington School of Law, J.D. (1990).

Stacey A. Thunder

Date of Employment: August 1, 2014

Education:
Hamline University, St. Paul, MN
1994, B.A. Psychology

William Mitchell College of Law, St. Paul, MN
1998, Juris Doctor

Experience:
Red Lake Band of Chippewa Indians, Red Lake, MN (Legal Counsel, 2005-2014)
Mille Lacs Band of Ojibwe Corporate Commission (Staff Attorney, 2001-2005)
Red Lake Band of Chippewa Indians (Attorney, 1998-2001)
Indian Child Welfare Law Center, Minneapolis, MN (Law Clerk, 1998)

OSG Practice Areas: Legislative

Admissions: State of Minnesota

Tribal Enrollment: Red Lake Band of Chippewa Indians

Michael L. Hogan, Jr.

Date of Employment: May 6, 2013

Education:
Antioch College, Yellow Springs, OH
2004, B.A. Political Science

William Mitchell College of Law, St. Paul, MN
2009, Juris Doctor

Experience:
Minneapolis American Indian Center (ICWA Court Monitor, 2011-2013)
Transport Designs, Inc., Burnsville, MN (Attorney, 2010)
Englemeier & Umanah, Minneapolis, MN (Clerk, 2009)

OSG Practice Areas: Child Protection, Civil Litigation, Criminal Prosecution, Guardianship

Admissions: Mille Lacs Band of Ojibwe; State of Minnesota; U.S. District Court, District of Minnesota

Barbara E. Cole

Dates of Employment: February 21, 2007 – October 8, 2015

Education:
University of Wisconsin, Madison, WI
2002, B.S. Political Science & Women’s Studies

University of Minnesota Law School, Minneapolis, MN
2005, Juris Doctor

Zachary H. Atherton-Ely

Date of Employment: February 13, 2012 – October 2, 2015

Education:
State University of New York, Geneseo, NY
2006, B.A. International Relations & Political Science

University of Minnesota Law School, Minneapolis, MN
2009, Juris Doctor

Richard D. Osburn

Dates of Employment: July 2, 2007 – November 19, 2008

Education:
University of Oklahoma, Norman, OK
1990, B.A. Spanish

University of Oklahoma College of Law
2000, Juris Doctor

Tribal Enrollment: Cherokee Nation