Native American Law Blog

Cobell Settlement Info

Ask Elouise

January 20, 2012

Dear Indian Country Following the passing of our leader and friend, Elouise Cobell, Class Counsel is responding to your continuing questions and concerns regarding the settlement of the Cobell lawsuit.

What is the current status of the settlement? Unfortunately, notwithstanding the hopes and wishes of 500,000 individual Indians and despite Class Counsel’s best efforts, the settlement has been delayed by 4 class members, each of whom is challenging the landmark settlement in the U.S. Court of Appeals for the D.C. Circuit. We expect that these appeals will be resolved in another 6 months, provided that no appellant seeks further review in the Supreme Court.

But for these appeals, your Historical Accounting Class payments would have been distributed before Thanksgiving 2011, and it is likely that your Trust Administration Class payments would have been made by Easter 2012.

However, because of the appeals, your Historical Accounting Class and Trust Administration Class payments cannot be made until after the appeals have been resolved, provided that we prevail on appeal. No one knows when that will occur. Historical Accounting Class payments should be made within a few weeks after the appeals are decided. Trust Administration

Class payments should be made within about 6 months after you receive your Historical Accounting Class payment. Class Counsel understands your increasing frustration and concerns. We know the difficulties many of you face and we have spoken to hundreds of you who are in extremis this winter season. It is with our utmost sympathy and disappointment that we share this unfortunate news.

Who is appealing? And, why are they appealing? Your payments are being held-up by 4 people: Kimberly Craven (Sissten-Wahpeton Oyate), Charles Colombe (Rosebud Sioux), Carol Eve Good Bear (Fort Berthold Reservation), and Mary Lee Johns (Cheyenne River Sioux). Notably, Colombe, Good Bear and Johns are represented by David (Davey) Harrison, an Albuquerque lawyer and former BIA employee.

Their reasons vary slightly, but are the same on one fundamental point. At bottom, each believes that you are not entitled to the relief (nor the payment of your trust funds) that has been provided in the settlement agreement notwithstanding a century of abuse, malfeasance and breaches of trust by the United States government. Each of the appealing class members has filed papers that will kill the settlement if any one of them prevails on appeal. This means that you would receive nothing from the settlement: no payment, no scholarship funds, no land consolidation, and no further trust reform.

Craven has railed against the settlement since it was first announced over two years ago, going so far as to claim: “after 14 years of acrimonious litigation, the Cobell plaintiffs are entitled to no monetary recovery whatsoever from the courts.” (http://thehill.com/blogs/congress-blog/judicial/112807-bailing-out-the-smartest-guys-in-the-room). Mary Johns has sought to remove the judge who approved the settlement, Thomas F. Hogan. There is little doubt that they do not share the desires or care about the needs of the class, over 99.9% of whom support a prompt conclusion to this long-running, acrimonious case.

EDITOR'S NOTE:  AT THE REQUEST OF OPPOSING COUNSEL, THE BLOG STAFF HAS DELETED A SECTION OF THIS "ASK ELOUISE" LETTER ON THE COBELL SETTLEMENT HAVING TO DO WITH PERSONAL, THOUGH PUBLIC, INFORMATION ABOUT THOSE OPPOSING THE SETTLEMENT.  THE BLOG STAFF IS NOT FOND OF CENSORSHIP, BUT NEITHER DOES IT WISH TO, EVEN IN THE COURSE OF POSTING LEGITIMATE NEWS ON INDIAN LAW, GET IN THE MIDDLE OF SOMEONE ELSE'S FIGHT.  TWP

 Isn’t there something you can do to speed up this process? No. Class Counsel has reached out to the 2 attorneys who represent the 4 appealing class members to resolve or settle whatever issue they may have with the settlement. However, we have been rebuffed or ignored each time. Unless each of the appealing class members withdraws his or her appeal, there is no way to shorten the judicial review process.

Haven’t you been paid? Class Counsel has not been paid. We are in the same position that you are in – we will not be paid until the appeals have been resolved. Prior Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. There is also a “frequently asked questions” section to answer the most common questions received: http://cobellsettlement.com/press/faq.php.

Kind Regards,

Class Counsel Cobell v. Salazar

-Carolyn

Federal government seeks tribal consultation on Tribal Court Improvement Program

Tribal Court Improvement Program Consultation - The Child and Family Services Improvement and Innovation Act (Public Law 112-34), which was signed into law on September 30, 2011, created a new Tribal Court Improvement Program (Tribal CIP). In keeping with the Administration for Children and Families’ Tribal Consultation Policy, they are seeking input to help ensure successful implementation of the program.In keeping with the Administration for Children and Families’ Tribal Consultation Policy, they are seeking input to help ensure successful implementation of the program. To seek consultation with tribes on the implementation of the Tribal CIP, ACF will hold two conference calls in January to seek input on key questions regarding the administration, scope and duration of grant awards, as well as any other considerations for implementing the new program that participants may raise. Wednesday, January 11, 2012, from 2:00 p.m. to 3:00 p.m. (EST) and Thursday, January 12, 2012, from 2:00 p.m. to 3:00 p.m. (EST). Call-in number: 1-877-450-1348, Participant code: 77444474

Do Congress and Obama really support the Tribal Law and Order Act?

That's a good question asked by Rob Capriccioso in Indian Country Today.  You can find how he answers his own question HERE.

Another job announcement.....this one in the Navajo Nation

Navajo Nation Attorney General—Department of Justice Employment Advertisement

The Navajo Nation Attorney General seeks an Attorney-Candidate, Tribal Court Advocate, or Attorney to join the Navajo Nation Department of Justice’s Economic and Community Development Unit. The individual who is selected for this position will primarily handle the Division of Community Development’s matters. Although an Attorney-Candidate or Tribal Court Advocate is preferred; Attorney-Candidate, Tribal Court Advocate, and Attorney applications will be considered.

As the Navajo Nation’s Chief Legal Officer, the Attorney General has charge of the Navajo Nation Department of Justice, which advises and represents the Navajo Nation government in all legal matters. The Economic and Community Development Unit provides legal services to the Navajo Nation’s several political subdivisions; including the Division of Community Development, which is tasked with promoting and facilitating the Navajo Nation’s physical and legal infrastructural development. In consultation with the Division of Community Development, the Economic and Community Development Unit will interview and select an individual for this position. The Attorney General is charged with the final approval of the individual selected for this position.

The Attorney-Candidate, Tribal Court Advocate, or Attorney who is selected and approved will work under the direct supervision of the Assistant Attorney General for the Economic and Community Development Unit. The selected and approved individual will perform legal research, and through a licensed Department of Justice Attorney, will provide guidance and assistance to the Division of Community Development. Moreover, the selected and approved individual’s work will primarily concern the Navajo Nation’s Chapter governments’ matters. Although not strict a requirement, the individual selected and approved for this position is preferred to possess at least a minimal understanding of Navajo language.

The selected and approved Attorney-Candidate will be required to:

• Possess a Juris Doctor degree;
• Become a member of the Navajo Nation Bar Association within one year of hire;
•  Become licensed to practice in Arizona, Colorado, New Mexico, or Utah within one year of hire;
• Possess basic knowledge and competency of Federal Indian Law and Navajo Nation Law that impacts the Division of Community Development;
• Possess a basic understanding of Navajo culture and customs;
• Possess excellent verbal and written communication skills;
• Possess working knowledge of the Rules of Professional Conduct; and
• Possess experience interfacing with government officials.

The selected and approved Tribal Court Advocate will be required to:

• Be a member of the Navajo Nation Bar Association;
• Possess basic knowledge and competency of Federal Indian Law and Navajo Nation Law that impacts the Division of Community Development;
• Possess a basic understanding of Navajo culture and customs;
• Possess excellent verbal and written communication skills;
• Possess working knowledge of the Rules of Professional Conduct; and
• Possess experience interfacing with government officials.

The selected and approved Attorney will be required to:

• Possess a Juris Doctor degree;
• Be licensed to practice in Arizona, Colorado, New Mexico, or Utah;
• Become a member of the Navajo Nation Bar Association within one year of hire;
• Possess basic knowledge and competency of Federal Indian Law and Navajo Nation Law that impacts the Division of Community Development;
• Possess a basic understanding of Navajo culture and customs;
• Possess excellent verbal and written communication skills;
• Possess working knowledge of the Rules of Professional Conduct; and
• Possess experience interfacing with government officials.

Salary will be based upon experience and the Navajo Nation Department of Justice’s Personnel and Compensation Plan. The Navajo Nation Department of Justice also offers a competitive Benefits package. To apply, send electronic copies of your letter of interest (no more than two pages), resume (no more than two pages), transcripts (official or unofficial), and one writing sample (no more than three pages) to: blewis@nndoj.org before 5:00 p.m. MST on January 6, 2012. You may call the Economic and Community Development Unit at: (928) 871-6933 with questions.

 

Looks like it's over for the only Indian nomination to the federal courts.....

newsok.com reports today that "Senators block Oklahoma City federal prosecutor from judge post."  This has been an ongoing story that looks like it's coming to an end.  "Faced with unrelenting — and mostly unexplained — opposition from Oklahoma's senators, the U.S. Senate on Saturday sent back to the White House the nomination of Arvo Mikkanen to be a federal judge in Tulsa."

Why?  Your guess is as good as ours......

You can read the full story HERE, and a shout-out of thanks to one of our friends in the US Attorney's Offices around the country for sending this along to us.

 

twp

Forbes magazine - Why Are Indian Reservations So Poor?

OK.....are they REALLY arguing for a return of ALLOTMENT?  You decide......

HERE is the article.

 

twp

"Court rulings could give prosecutors more power to go after abusers on Indian reservations" - Washington Post

From the article:  "Despite a well-known epidemic of domestic violence on American Indian reservations, federal authorities have long been stymied in their pursuit of abusive parents and spouses. That may change if recent rulings in Cavanaugh’s case and a similar matter are upheld, allowing U.S attorneys to act instead of watching abuse convictions pile up at the tribal level."

See the full story HERE.

 

twp

Cohen follows up eagle feathers article with "The Obama Administration and the American Indian."

Following up on the op-ed previously mentioned here regarding American Indians and the procurement of eagle feathers, Andrew Cohen of CBS News and theatlantic.com has followed up with a broader piece on Indian policy under the Obama Administration.  You can find it HERE.

His conclusion?  "The White House's policy towards American Indians is better than in past administrations, but still not consistently good enough."

 

twp

Professor Walter Echo-hawk launches Worcester Sovereignty Project...addresses Osage Nation Congress

"A proposed University of Tulsa College of Law project is aiming to expand its Indian law program.

The Worcester Sovereignty Project, a program that seeks to provide opportunities for Native Americans to learn Indian law, was being proposed to the Second Osage Nation Congress Nov. 15 during its 11^th Special Session.

“This is probably the most single important development in the field of Indian law education for our part of the country,” said Walter Echo-Hawk.

Echo-Hawk (Pawnee), a seasoned attorney who previously worked with the Native American Rights Fund and now works for Crowe and Dunlevy law firm in Tulsa, said this project comes at a crucial time when tribes are dealing with more tribal sovereignty issues and dealing with more U.S. Supreme Court rulings against cases focused on Native American issues."

See the full story HERE.

...More Than Eagle Feathers

Andrew Cohen has an interesting and provocative article entitled, "If Obama Is Serious About American Indians, He'll Offer More Than Eagle Feathers" in today's theatlantic.com.  It's a little more interesting because your humble blog editor was quoted.....but even other than that, it's an excellent critique on the Indian policy of the current administration.  

The author's conclusion - "It's a nice gesture to reassure tribes about their religious use of eagle feathers --  but if that's the best the Administration can do for American Indians, it's not enough"

You can find the whole story HERE.

U. of Saskatchewan College of Law seeks Research Chair

Canada Research Chair in Law (Tier 2)

The College of Law at the University of Saskatchewan in Saskatoon, Saskatchewan, Canada seeks to recruit and nominate a Canada Research Chair in Law (Tier 2). The Canada Research Chair program (www.chairs.gc.ca) was established by the Canadian Federal Government with the purpose of attracting outstanding researchers to the Canadian university system. Tier 2 nominees should meet the requirements for Tier 2 appointment as defined by the Canada Research Chairs program: http://www.chairs-chaires.gc.ca/program-programme/nomination-mise_en_candidature-eng.aspx.

This Tier 2 Canada Research Chair is in the area of Indigenous Rights in Constitutional & International Law. Research in this area responds to the increasing interactions between constitutional protections for Indigenous rights at the domestic level and international law protections for Indigenous Rights, the latter of which received particular expression recently in the 2007 United Nations Declaration on the Rights of Indigenous Peoples. Constitutional law advocacy on Indigenous rights is increasingly drawing on international law claims. By identifying connections between Indigenous rights in domestic constitutional law and international law, this Canada Research Chair will advance the University of Saskatchewan’s position as a leader in research on Indigenous rights at an international level. The Chair will also contribute to the University’s sense of place within a province with a demographically significant Indigenous population. In addition, the Chair would enhance a number of the University’s signature themes. For instance, in relation to the public policy and sustainability dimension of the Energy and Mineral Resources signature area, one of the most significant developments in recent years has been the recognition of governments’ duty to consult with aboriginal people when governments are contemplating activity that could adversely affect aboriginal rights or aboriginal title to land. Most significantly, this kind of activity has involved energy generation and mineral resource extraction.

The College seeks scholars with demonstrated potential for international profile and impact for appointment as an Assistant, Associate, or full Professor. Candidates will have completed a Master’s or Doctoral degree in law or equivalent graduate qualification, with the candidate having completed his or her highest degree no more than ten years prior to nomination for the Chair. The successful candidate will have an outstanding academic record with a record of scholarship and a research plan that demonstrate the potential to contribute to the internationally acclaimed record of research and scholarship of one of Canada’s premier law schools.

The successful applicant will be expected to establish a highly productive scholarly agenda including the development of research relationships with researchers across Canada and internationally, to provide effective teaching and mentoring of J.D. and graduate students, to contribute to the core curriculum of the College, and to take on a leadership role appropriate for the appointed rank. Salary will be competitive and commensurate with the qualifications of the candidate.

The College of Law has recently undergone a period of renewal and expansion. Its full-time faculty complement is 29, and two endowed visiting chairs bring distinguished scholars from around the world. In addition, the College is affiliated with the Native Law Centre, and offers an LL.M. degree which

attracts promising young researchers. Each year, the College actively pursues internationally recognized scholars to present seminars on a wide array of issues, and hosts at least one international conference.

More information on the College and on its strategic direction for the coming years can be found at www.law.usask.ca, or from Dean Sanjeev Anand at s.anand@usask.ca.

Generally, applicants should submit (1) a cover letter indicating interest in a CRC appointment that identifies the applicant’s academic and research accomplishments along with any teaching experience; (2) a curriculum vitae; (3) the candidate’s undergraduate, law and graduate transcripts; (4) letters from three academic referees, (5) samples of academic writing, and (6) evidence of teaching effectiveness, such as evaluations, if available. Publications will not be returned and incomplete applications may not be accepted. Applications or inquiries should be sent to:

Dean Sanjeev Anand, JD, LLM, PhD

College of Law

University of Saskatchewan

15 Campus Drive

Saskatoon, Saskatchewan S7N 5A6

Telephone: (306) 966-5910

Fax: (306) 966-5900

s.anand@usask.ca

The position will remain open for at least six weeks after the posting date with applications reviewed on a rolling basis. Early applications are strongly encouraged as the College will work with the successful applicant to submit a CRC nomination to the CRC secretariat by April 2012. The successful candidates may assume tenure track or tenured faculty positions at the University of Saskatchewan as early as July 1, 2012, however the final determination of eligibility for a CRC is subject to review and approval by the CRC Secretariat.

The University of Saskatchewan hires on the basis of merit and is committed to employment equity. The College of Law is strongly committed to diversity within its community and especially welcomes applications from visible minority group members, women, Aboriginal persons, persons with disabilities, members of sexual minority groups, and others who may contribute to further diversification of ideas. Members of these designated groups are encouraged to self-identify on their applications.

Canada Research Chairs are open to individuals of any nationality; offers will be made in accordance with University of Saskatchewan policy, the requirements of the Canada Research Chairs Program and best fit with the College’s core mandate and mission.

 

Vacancy: Assistant Professor of Native American and Indigenous Studies

Vacancy: Assistant Professor of Native American and Indigenous Studies

Fort Lewis College
Durango, Colorado

Fort Lewis College seeks a tenure track Assistant Professor to teach in the Department of Native American and Indigenous Studies. Applicants whose scholarship links with global Indigenous (First Nations, Pacific Islander, Aboriginal) media studies, economics, or contemporary political/social issues are encouraged to apply.
Teaching load is twelve credit hours per term. Teaching assignment may include the College's liberal arts core. This position is entry-level with a starting salary of $47,000.

Qualifications:
Ph.D. in Native American/American Indian Studies, First Nations, Indigenous or Ethnic Studies preferred; candidates with PhD or terminal degree in another field but with strong specialization in NAIS will also be considered. ABDs in same areas will be considered for initial appointment as Instructor.
Evidence of college teaching at both the introductory and advanced levels and in an interdisciplinary, collaborative liberal arts setting.
Evidence of scholarship or professional production within discipline.

Application Process:
Applications should be submitted electronically to boxer_m@fortlewis.edu and include a cover letter addressing research and teaching experience; a current curriculum vitae; a sample syllabus; and three letters of recommendation, one of which addresses teaching ability/experience by 5:00 p.m. [MST], January 6, 2012.
For questions, please contact chair of search committee, Dr. Majel Boxer, at boxer_m@fortlewis.edu

About the College
Fort Lewis College is a state-supported liberal arts college with its own governing board and is a member of the Council of Public Liberal Arts Colleges (COPLAC). Total enrollment at the College is about 3,800 students (34.3% are ethnic minorities of which 20.8% are Native Americans and 7.6% Hispanic). Fort Lewis College offers accessible, high quality, baccalaureate liberal arts education to a diverse student population, preparing citizens for the common good in an increasingly complex world. Teaching is the first priority, and close student/faculty interaction is emphasized. Faculty are expected to be professionally active and involved in departmental and college service.

About the Area
Durango, a multicultural community and located in close proximity to the Southern Ute, Ute Mountain Ute, Navajo (Dine') and Jicarilla Apache tribal nations, is the hub of Southwestern Colorado, located in a beautiful mountain valley with nearby peaks reaching 14,000+ feet. With an area population of 40,000, Durango is cosmopolitan for its size with an affluent art community, yet offers superb opportunities for camping, fishing, hiking, backpacking, mountaineering, mountain biking, kayaking and hunting.

Fort Lewis College does not discriminate on the basis of race, age, color, religion, national origin, gender, disability, sexual orientation, political beliefs, or veteran status. Accordingly, equal opportunity for employment, admission, and education shall be extended to all persons. The College shall promote equal opportunity, equal treatment, and affirmative action efforts to increase the diversity of students, faculty, and staff. People from under-represented groups are encouraged to apply.

Dr. Majel Boxer, at boxer_m@fortlewis.edu

-Carolyn

Winnebago tribe member overcomes, returns to help reservation

Single mother of three....coming from poverty on the Winnebago Reservation....who refused to be kept down, and is now a lawyer working on behalf of her tribe.

"The stress of family and work put a dent in her grades, but what mattered was getting the law degree and bringing it back to Winnebago, which she did in 2003 with a general counsel position at Ho-Chunk Inc., the tribe's economic development corporation.

"She could be a highfalutin' lawyer in California or New York, but she chose to raise her family here," said adopted sister Martin. "She's one of the few people who got out and got an education and came back to the tribe."

So this CAN be done.

This particular story was published over a year ago.....sorry I didn't spot it and spread it around sooner.

To Ms. Danelle Smith:  Well done.

You can find the whole story HERE.

twp

Native Americans file suit over alleged boarding school abuse

From the Washington Post:  "

SEATTLE — Eight Native Americans filed suit Tuesday against the Washington Department of Social and Health Services, claiming the agency placed them in a mission boarding school where they say they were sexually abused by a Jesuit priest decades ago.

The plaintiffs are now adults in their 50s and 60s living in Washington and Montana. They were wards of the state when the abuse occurred, and officials failed to ensure their safety, said their attorney, Blaine Tamaki."

See the full story HERE.

Another eagle feather case for the courts.....

The Albuquerque Journal reports HERE that:

"A Kewa Pueblo medicine man has pleaded guilty to violating the Bald and Golden Eagle Protection Act, in a plea agreement with the U.S. Attorney’s Office.

In a news releases, U.S. Attorney Kenneth J. Gonzales said that Martin Aguilar, 47, entered guilty pleas Wednesday to two counts of a four-count indictment filed in November 2010.

Aguilar pleaded guilty to the unlawful taking of a bald eagle and the unlawful possession of a bald eagle. The indictment had also  charged Aguilar with the unlawful bartering of a golden eagle and the unlawful possession of a migratory bird, a red-tailed hawk.

Aguilar acknowledged that he had not applied for or obtained permission to kill, take or possess a bald eagle from the federal Interior Department as required by the Bald and Golden Eagle Protection Act. Aguilar also admitted that he is a medicine man at Kewa, formerly known as Santo Domingo Pueblo, and that he has shot and killed five bald eagles since 1992.

Aguilar entered his guilty pleas conditioned on reserving his right to have the Tenth Circuit Court of Appeals review recent orders by U.S. District Judge M. Christina Armijo denying Aguilar’s motions to suppress evidence in the case and to dismiss the charges."

 

Webinar on Cherokee Freedmen situation scheduled

Tuesday, November 15th, 5:30pm PT / 7:30pm CT / 8:30pm ET

MJIL Program Co-Director and Professor Tim Pleasant will make a brief presentation on the status of the Cherokee Freedman and discuss the legal aspects of that ongoing controversy. Also covered will be a brief discussion of the MJIL program, including curriculum and admissions, as well as a demonstration of some of the features of the online classroom used by the MJIL program.

All are welcome....just go to http://webinar.indianlawmj.com at the requisite time and login....

Presidential Proclamation -- National Native American Heritage Month, 2011

The  White House
Office  of the Press Secretary
For  Immediate Release November 01, 2011

Presidential  Proclamation -- National Native American Heritage Month, 2011

NATIONAL  NATIVE AMERICAN HERITAGE MONTH, 2011 BY  THE PRESIDENT OF THE UNITED STATES OF AMERICA A  PROCLAMATION

From  the Aleutian Islands to the Florida Everglades, American Indians and Alaska  Natives have contributed immensely to our country's heritage. During National  Native American Heritage Month, we commemorate their enduring achievements and  reaffirm the vital role American Indians and Alaska Natives play in enriching  the character of our Nation.

Native  Americans stand among America's most distinguished authors, artists, scientists,  and political leaders, and in their accomplishments, they have profoundly strengthened the legacy we will leave our children. So, too, have American Indians and Alaska Natives bravely fought to protect this legacy as members of  our Armed Forces. As service members, they have shown exceptional valor and  heroism on battlefields from the American Revolution to Iraq and Afghanistan.  Native Americans have demonstrated time and again their commitment to advancing  our common goals, and we honor their resolve in the face of years of  marginalization and broken promises. My Administration recognizes the painful  chapters in our shared history, and we are fully committed to moving forward  with American Indians and Alaska Natives to build a better future together.

To  strengthen our economy and win the future for our children, my Administration is addressing problems that have burdened Native American communities for too long.  We are working to bolster economic development, expand access to affordable  health care, broaden post-secondary educational opportunities, and ensure public  safety and tribal justice. In June, I signed an Executive Order establishing the  White House Rural Council, to strengthen Federal engagement with tribal  governments and promote economic prosperity in Indian Country and across rural  America. This comes in conjunction with several settlements that will put more  land into the hands of tribes and deliver long-awaited trust reform to Indian  Country.

To  bring jobs and sustainable growth to tribal nations, my Administration is connecting tribal economies to the broader economy through transportation  infrastructure and high-speed Internet, as well as by focusing on clean energy  development on tribal lands. First Lady Michelle Obama's recently launched Let's  Move! in Indian Country initiative will also redouble efforts to encourage  healthy living for American Indians and Alaska Natives. These actions reflect my  Administration's ongoing commitment to progress for Native Americans, which was  reaffirmed last year when we announced our support for the United Nations  Declaration on the Rights of Indigenous Peoples.

Through a comprehensive  strategy where the Federal Government and tribal nations move forward as equal  partners, we can bring real and lasting change to Indian Country.

This  month, we celebrate the rich heritage and myriad contributions of American  Indians and Alaska Natives, and we rededicate ourselves to supporting tribal  sovereignty, tribal self-determination, and prosperity for all Native Americans.  We will seek to strengthen our nation-to-nation relationship by ensuring tribal  nations have a voice in shaping national policies impacting tribal communities.  We will continue this dialogue at the White House Tribal Nations Conference held  in Washington, D.C. next month. As we confront the challenges currently facing  our tribal communities and work to ensure American Indians and Alaska Natives  have meaningful opportunities to pursue their dreams, we are forging a brighter future for the First Americans and all Americans.

NOW,  THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue  of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2011 as National Native American Heritage Month. I call upon all Americans to commemorate this month with appropriate programs and activities, and to celebrate November 25, 2011, as Native American Heritage Day.

IN  WITNESS WHEREOF, I have hereunto set my hand this first day of November, in the year of our Lord two thousand eleven, and of the Independence of the United  States of America the two hundred and thirty-sixth.

BARACK  OBAMA

 

-Carolyn

Call for submissions: Indigenous Law Journal

I was just forwarded this announcement: Download Call for Submissions Winter 2012

This is their last call for submissions for Winter 2012 (Vol 11). If you intend to submit, please refer to the instructions for authors on the Indigenous Law Journal website by clicking here.

-Carolyn

Job Openings: Appellate Judge and Chief Judge

APPELLATE JUDGE - CROW NATION COURT OF APPEALS

The Judicial Branch of the Crow Nation seeks an Appellate Judge for the Crow Court of Appeals. This is a contract position for legal services on an as-needed basis compensable at an hourly rate to be negotiated based on qualifications. Candidates must be licensed to practice law by the highest court of any state and must be confirmed by the Crow Legislative Branch. A candidate with experience in Indian law and culture is preferred. Send cover letter, resume, materials to Chief Judge Yarlott, PO Box 489, Crow Agency, MT 59022 or by email to jyarlott@crowcourts.org. Closing Date: November 30. Request full position description and/or send questions by email to Sherry Matteucci, Judicial Branch Legal Advisor, at sherryma2c@gmail.com. No phone calls, please.

CHIEF JUDGE - MESCALERO APACHE TRIBAL COURT

SUMMARY: The Chief Judge is responsible for fairly and impartially hearing and deciding judicial matters within the jurisdiction of the Mescalero Apache Tribal Court and supervising Associate Judges. DUTIES AND RESPONSIBILITIES: * Adhere to the Tribal Code and Tribal Personnel Policies and Procedures * Hear and determine all types of cases filed in the Tribal Court, including but not limited to: criminal, traffic, civil (e.g. domestic relations, probate, repossession, breach of contract, personal injury), juvenile, and child welfare cases (e.g. neglect, dependency, delinquency, truancy) * In a timely manner, conduct legal research and issue orders * Preside over jury trials * Issue search and seizure warrants, arrest warrants, and orders of protection where appropriate * Assist the Court Administrator in the development of Court rules of procedure in all areas listed above MINIMUM QUALIFICATIONS: * Pursuant to Article XXVI, Section 4 of the Revised Constitution of the Mescalero Apache Tribe, the successful candidate for the position of Chief Judge must: A) Possess at least a one-quarter degree of Indian blood and is a member of a federally recognized Indian tribe, nation, band or is an Eskimo, Aleut or other Alaska Native; B) Be not less than thirty-five (35) years of age, nor more than seventy (70) years of age; and C) Never have been convicted of a felony nor a misdemeanor within the past year * Possess a high school education or its equivalent KNOWLEDGE/SKILLS/ABILITIES: * Demonstrate oral and written communication skills as well as ability to perform legal research and possess analytical skills commensurate with the position of Chief Judge * Demonstrate knowledge of general legal principles in all areas listed in "Duties and Responsibilities" * Demonstrate knowledge of Federal Indian Law * Understand, appreciate and promote the ideas of tribal self-determination and tribal sovereignty * Possess and demonstrate a judicial temperament * Possess a working knowledge of computers and software SALARY: Salary is negotiable, and is dependent upon qualifications and budgetary concerns. CLOSING DATE: This position is open until filled. SUBMIT RESUME WITH COPY OF CERTIFICATE OF INDIAN BLOOD TO: Nelva L. Cervantes, John D. Wheeler & Associates via 1) first class mail to 500 E. Tenth Street, Suite 305, Alamogordo, NM 88310; 2) facsimile to (575) 437-3557 or 3) email to nc@jdw- law.com

-Carolyn

NPR NEWS INVESTIGATION INTO NATIVE FOSTER CARE, PART 2

While Lt. Gov., South Dakota Gov. Dennis Daugaard Also Ran Children’s Home Society,
Housing Hundreds of Native Children, and Earning Non-Profit $50 Million
 
October 26, 2011; Washington, D.C. – An NPR News Investigation into inequalities in the South Dakota foster care system for Native Americans continues today, with a report by correspondent Laura Sullivan examining the influence of a powerful child welfare system in a state that removes Native-American children from their homes at a higher rate than almost any other. While lieutenant governor from 2003-2009, South Dakota’s now-Governor Dennis Daugaard also ran one of the largest non-profits in the state, the Children’s Home Society, which received tens of millions of dollars in no-compete contracts to foster many Native children.
 
The report, the second in the three-part series “Native Foster Care: Lost Children, Shattered Families,” is airing today on All Things Considered, and available now at NPR.org. Part 1 investigated why hundreds of Native-American children are placed in state foster care every year, many under questionable circumstances, rather than with their family and tribes, as required by the federal Indian Child Welfare Act.
 
As NPR reported yesterday, each year, South Dakota is removing children at almost three times the rate of other states. More than half of those children are Native American, even though they are less than 15 percent of the state’s child population. And, NPR’s investigation found that 90 percent of Native children in foster care in South Dakota are placed in non-native homes or privately-run group homes.
 
In today’s story, Sullivan reports on the steady growth of one of those group homes, the Children’s Home Society, while under the leadership of now-Gov. Daugaard – at the same time he was serving at lieutenant governor. In 2002, after years of financial trouble at Children’s Home, Daugaard became the group’s chief operating officer; one year later, he was promoted to executive director, for which he was paid $115,000 a year. Daugaard became lieutenant governor of South Dakota in 2003.
 
Under his seven year leadership of Children’s Home, Daugaard turned the organization around. NPR reports that the money the group was getting from the state doubled. It grew financially to seven times its size, and added two new facilities. Children’s Home is now the largest private foster care outfit in the state, providing services for up to 2,000 children a year. NPR reports that during that time, as the state began outsourcing much of its work, such as training foster care parents and examining potential foster homes, Children’s Home got almost every one of those contracts. In just about every case, Children’s Home did not compete for the contracts. For almost seven years, until this year, Daugaard’s colleagues in state government just chose the organization and sent it money, more than $50 million in all.
 
Critics tell NPR that Children’s Home has become a virtual powerhouse. It not only examines all the potential foster families and homes, it houses the most children. It trains the state’s case workers and holds all of the state’s training classes for foster parents. It does all of the state’s examinations of children who may have been abused. For all of this work, Children’s Home is paid tens of millions of dollars every year.
 
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-Carolyn