Native American Law Blog

Cobell settlement "deadline" extended again....and it STILL may not do much good.

From Indian Country Today:

" Faced with the prospect of a derailed $3.4 billion settlement in the long-running Cobell v. Salazar lawsuit, Indian plaintiffs agreed Friday to another deadline extension in an effort to secure congressional approval.

May 28 had been set by the plaintiffs and the Obama administration as the final date for congressional action, but a deadline extension was agreed to after it became clear Congress could not get it done.

The new deadline, chosen by the plaintiffs, is June 15. It is the fifth deadline involving the deal, and the fourth extension.

Dennis Gingold, the lead lawyer for the plaintiffs, previously said that if Congress did not meet the May 28 deadline, he would proceed anew with litigation."

And even if it does get done, THIS TIME, it's not a terribly great settlement agreement for the plaintiffs, in your mild-mannered blog editor's opinion.  

twp

Navajo Supreme Court to hear Oral Arguments at Navajo Nation Bar Conference

On Thursday, June 10, 2010 at 10:15 am at the 2010 Navajo Nation Bar Association Annual Conference at Isleta Casino & Resort, the Navajo Supreme Court will hear oral arguments in:

Chevron Mining, Inc. v. Window Rock District Court and concerning Everett L. Chee, Edward Wauneka, Billy John, Freddy Curley,  Al M. Silver, Billie, F. Yazzie Sr., Anderson Joe, Harry H. Begay, Carl Dedman, Burton Yazzie, Ted H. Lee, William L. Tom Sr., Wilbur Lincoln, Nelson Kee, Valentino Lincoln, Phillip Chischilly, Paul Beyal, Roscoe Scott, and Charles Lincoln, SC-CV-22-10.  James E. Ledbetter, Cottonwood, Arizona, for the Petitioner; Jennifer Balin, Window Rock District Court, Window Rock, Navajo Nation, for Respondent; and David R. Jordan, Gallup, New Mexico, for the Real Parties in Interest.  Chevron Mining, Inc. is petitioning the Supreme Court for a Writ of Prohibition against the Window Rock District Court in WR-CV-483-99 to stay proceedings and dismiss the employment claims pending trial. 

Briefs are not available on the Navajo Courts website right now.

-CMD

Joint Human Rights Government to Government Initiative Signed between Navajo Nation and City of Grants

Navajo Nation officials met with City of Grants officials in a formal signing of a joint human rights government to government initiative on May 19, 2010 at City Hall in Grants, N.M.  Present were the NNHRC Commission Chair Duane H. Yazzie, Navajo Nation Speaker Lawrence T. Morgan, City of Grants Mayor Joe Murrietta and U.S. Department of Justice Consolation Specialist Grace Sage Musser, Ph.D., signed the MOA.  For more about the Memorandum of Agreement signing, click here.

In case you were unaware of the Navajo Nation has a Human Rights Commission ... the Navajo Nation Human Rights Commission (NNHRC) was formed in 2008 and serves to advocate for the recognition of Navajo human rights and operates as a clearinghouse entity to address discriminatory actions against the citizens of the Navajo Nation. It was created as a result of extensive research into possible hate crimes occurring in the towns of the Navajo Nation such as the recent crime in Farmington, NM. You can access the news story here.

The Commission’s plan of operation is to:

1.)   Conduct public hearings in/near border towns to assess the state-of-affairs between Navajos and non-Navajos.

2.)   Investigate written complaints involving discrimination of Navajo citizens.

3.)   Network with local, state, national and international groups and advocate for recognition of Navajo human rights.

4.)   Educate the public about human rights and the Navajo Nation's intolerance of human rights violations.

 

You can access the NNHRC website here.

 

-CMD

Upcoming Sovereignty Symposium in Oklahoma

Every year, a number of august institutions in Oklahoma interested in Indian Law and Native American affairs conducts the "Sovereignty Symposium" where they get together and talk about such matters.   It's also a major CLE opportunity.  This year it will be at the Skirvin Hilton Hotel in Oklahoma City, June 2 and 3.  

You can find more information, to include a registration page HERE.

twp

Navajo President Disqualified in Re-election Bid

The Navajo Election Administration has disqualified Navajo Nation President Joe Shirley, Jr. as a candidate in the current presidential race. Shirley is seeking a third consecutive term which is a violation of the Navajo election law that limits presidents to two consecutive four-year terms. Shirley has vowed to appeal this ruling. For the full story, click here and here.

-CMD

New Date: 4th Annual Indian Law Clinics Symposium

4th Annual Indian Law Clinics Symposium

Albuquerque New Mexico June 20-21, 2010

 

BORDERLAND OR HINTERLAND?

THE ROLE OF INDIAN LAW AND OTHER SPECIALTY CLINICS

IN 2010

  

The Other clinical conference for Clinicians and Practitioners:

Teaching in an Indian law clinic (or other specialized area of law);

Thinking of establishing an Indian Law clinic

Working with Native peoples and/or distinct populations in the community lawyering model.

 

 

The Symposium is organized by the University of New Mexico Southwest Indian Law Clinic, and Washburn University Tribal Law Practice Clinic, with participation by the University of New Mexico Tribal law Journal.

 

The Symposium begins with the Roundtable discussion on Sunday afternoon which will focus on the creation stories of Indian Law Clinics, followed by a reception and working dinner Sunday night for attendees. The symposium continues on Monday morning with panel presentations and discussion. Please see the attached for details.

 

$200 Registration Fee covers the entire Program from the Roundtable and Full-day Symposium, materials and meals, including the Sunday welcoming Reception and Dinner and working lunch on Monday.

 

Who Should Attend:

Clinicians, Directors, Professors and Staff of Indian Law and other specialty clinical programs and those interested in thoughtful legal work in distinct communities or practice areas.

 

We look forward to your participation in our Exciting Symposium Program. Watch for more Program details Coming Soon.

 

Contacts:

Professor Barbara Creel Professor Aliza Organick

Southwest Indian Law Clinic Tribal Law Practice Clinic

UNM School of Law Washburn University School of Law

505-277-5265 785-670-1664

creel@law.unm.edu aliza.organick@washburn.edu

 

For registration information contact:

Mitzi Vigil

vigil@law.unm.edu

(505) 277-0405

 

-CMD

Here's a twist.....Descendants of Freedmen want a share of Cobell settlement (if there ever is one)

From Courthouse News:

"Descendants of slaves once owned by Native Americans demand a cut of a $3.4 billion class-action settlement that Congress is reviewing, from the case of Cobell v. Ken Salazar. The Harvest Institute Freedom Federation claims that the settlement resolving the Department of the Interior's centuries-long abuse of Native American trust funds "perpetuates past unlawful racial discrimination" by failing to compensate "Freedmen slaves of the Five Civilized tribes." 

     The legislation at issue, the American Workers, State and Business Relief Act of 2010, was approved by the Senate on May 18. A vote is pending on the House version, H.R. 4213.
     The Harvest Institute wants that vote enjoined, claiming that it will irreparably harm the descendants of freedmen, unless their claims are considered. The Harvest Institute claim that the Five Civilized Tribes made treaties with the Confederacy during the Civil War, but that the United States has not repudiated its obligations to the rebellious tribes, though the legislation in effect repudiates its obligation to their slaves."

See the full story HERE.

twp

Upcoming Indian law conference in Rapid City

The next Interdepartmental Tribal Justice, Safety, & Wellness (ITJS&W) Session is scheduled for June 16-18, 2010 at the Rushmore Plaza Civic Center in Rapid City, SD. There is no registration fee.

Who Should Attend?

• Elected Tribal Leaders
• Executive Directors
• Finance and Grant Administration Officers
• Grantee Officers
• Grant Writers and Tribal Planners
• Justice and Law Enforcement Personnel
• Key Policy Decision Makers
• Social Service and Child Welfare Staff
• Tribal Administrators
• Tribal Healthcare and Behavioral Health Providers
• Tribal Community Development Programs
• Tribal Planners
• Tribal Program Project Coordinators

Interdepartmental Tribal Justice, Safety, and Wellness Partners

U.S. Department of Justice (DOJ): Office of Justice Programs (OJP), Community Oriented Policing Services (COPS), Native American Issues Subcommittee (NAIS) in the Executive Office of U.S. Attorneys (EOUSA), Office of Tribal Justice (OTJ), and Office on Violence Against Women (OVW)

U.S. Department of Health and Human Services (HHS): Substance Abuse and Mental Health Services Administration (SAMHSA), Indian Health Service (IHS), Office of Minority Health (OMH) in the Office of the Secretary

U.S. Department of the Interior (DOI): Bureau of Indian Affairs (BIA)

U.S. Department of Housing and Urban Development (HUD): Office of Native American Programs (ONAP)

Small Business Administration (SBA): Office of Native American Affairs

Corporation for National and Community Service (CNCS)

We look forward to reporting our progress on past consultation topics and providing you with the latest information about our respective activities.

You can find the website with more information HERE.

twp

In the "you've GOT to be kidding" category....what IS IT with New York state officials?

From syracuse.com:

"Nearly two weeks have passed since New York’s highest court ruled Cayuga and Seneca counties could not prosecute the Cayuga Indian Nation for selling untaxed cigarettes at their LakeSide Trading stores in Union Springs and Seneca Falls.

However, Cayuga County District Attorney Jon Budelmann said he still intends to pursue criminal charges against the nation.

“My reading (of the decision) is that we can’t prosecute them for failing to collect sales tax on the cigarettes they sell to consumers….I’m trying to prosecute them for possessing untaxed cigarettes with the intent to sell them to non-Indians,’’ Budelmann said last week.

Budelmann’s plan elicited a sharp response from the Cayugas’ lawyer and it also seems to contradict the reaction of Rochester lawyer Philip Spellane, who represents both counties in the civil side of the dispute.

“Clearly, the prosecution can’t go forward,’’ Spellane said shortly after the state Court of Appeals ruled on May 11.

In its ruling, the court said the Cayugas can not be prosecuted for tax evasion because the state does not have a system for its Indian retailers to collect taxes on cigarettes sold to non-Indians.

“To argue that you then can prosecute them for being in possession of the very cigarettes they’re allowed to sell is illogical and reeks of sour grapes,’’ said Syracuse lawyer Daniel French, a former U.S. attorney who represents the Cayugas."

You have to wonder what part of "you can't prosecute" this particular DA can't understand.

See the full story HERE.

twp

More/continuing turmoil in the Hopi tribal government

From the Navajo-Hopi Observer:

"It had been three days of the latest wrangling between Hopi Tribal Chairman LeRoy Shingoitewa and Phillip Quochytewa, a Kykotsmovi Village council representative, on who could formally call an "official tribal council meeting" for the Hopi Tribe.

This resulted in the Hopi chairman pointing out to Quochytewa that only the chairman or the vice chairman (in the chairman's absence), can be the "official presiding officer" to conduct or call meetings of the Hopi Council, according to Article 1, Section 1 of the Hopi Constitution.

But Quochytewa's insistence on invoking a two-year-old resolution forced Shingoitewa to call for Hopi tribal rangers to clear the council chamber headquarters of seven "appointed individuals" from First Mesa and Mishongnovi villages who support Quochytewa on May 11-13."

You can read the full story HERE.

twp

"Doing business in Indian Country" CLE this week in Tulsa

The 8th Annual Muscogee (Creek) Nation "Doing Business in Indian Country" CLE will take place on May 20th and 21st, 2010.  This year's event will be held at the newly remodeled River Spirit Convention Center located just north of the River Spirit Casino on Riverside Drive in Tulsa, Ok.  The 8th Annual CLE features a jam packed slate of speakers including George Skibine, acting National Indian Gaming Commission Chairman and Larry Echohawk, Assistant Secretary for Indian Affairs (Confirmation Pending).  The event will again offer 13 hours of OBA approved CLE credit including one hour of ethics at a ver reasonable price.  The attached flyer gives additional information on the conference topic areas, rates, and some of the enhanced amenities that will be offered this year.  Please join us on May 20-21, 2010 to help make this year's conference the best yet!  If you have additional questions, feel free to contact The Muscogee (Creek) Nation District Court at 918-758-1400.

You can find the notice with more information HERE.

In a recent development, your mild-mannered blog editor will probably be there, presenting on an interesting ethical question in Indian Law.  

twp

US Supreme Court denies petition for writ of certiorari involving the Lummi Nation of Washington

The US Supreme Court denied cert to homeowners involving Lummi Nation trespass case.

As posted on Turtle Talk, “This is one of those “gut reaction” cases where it seems like an innocent non-Indian property owner is being subjected to liability or some other taking because of “ancient” Indian tribal property right. In virtually all other areas of law, this would be a no-brainer “deny.”  . . .  It may still be denied, as it should, but the “gut reaction” of several of the Justices, coupled with a distaste toward Indian rights, might be enough to make this certworthy.” Read more from last week's Turtle Talk blog "SCOTUSBlog Picks Sharp v. United States as a Petition to Watch" here.

More info also found on NARF’s recently updated Indian Law Bulletin here.

 

-CMD

National Native American Bar hoping to meet with Kagan to brief her about tribes, tribal issues and Indian law.

The National Native American Bar Association wants to meet with U.S. Supreme Court nominee Elena Kagan to brief her about tribes, tribal issues and Indian law.

On May 11, 2010, the NNABA sent a letter to President Obama extending an invite to Kagan to meet with NNABA leaders and take a tour of Indian Country. You can access the full letter here and the full story here.

-CMD

Call for presentations at upcoming conference - SHORT DEADLINE!!!

A special invitation is extended to you to participate as a workshop presenter at the 12^th National Indian Nations Conference: Justice for Victims of Crime. Workshop presentations for this conference should demonstrate methods and strategies to improve safety as well as to promote justice for crime victims through cooperation and collaboration between Tribal, Federal, State and private entities in American Indian and Alaska Native communities.

 

It is anticipated that the conference will include approximately 750 participants and that there will be approximately 60 workshops. Workshops are 90 minutes and should be highly interactive and relevant to the conference goals, theme and audience described above. Speakers fees will not be paid to workshop presenters. We may be able to provide limited support by waiving registration or providing limited lodging or travel if speakers request scholarships.

The target audiences for the workshops will be individuals who work for or have responsibility to provide services to Tribal governments and/or communities in the following roles: medical personnel, law enforcement, victim services, prosecutors, judges and court personnel, probation/corrections, mental health providers, Tribal leaders, Federal and State workers. We also hope to provide workshop sessions that will promote support and healing for victims in our communities.

The deadline for workshop submissions is May 15, 2010.
 

This year's conference theme is, “Walking in Harmony: Honoring Victim Voices to Achieve Safety, Justice & Healing.” The conference goals are:

1. Honoring and Listening to Victim/Survivor Voices: Putting Victims First; Creating victim-centered/sensitive responses; Being inclusive of victim/survivors to achieve safety, justice and healing; and Promoting peer to peer learning opportunities.

2.  

   Promoting Safety, Justice and Healing: Highlighting the Resiliency of the Healing Success of our Communities.
3. Promoting Traditional Values and Incorporating Traditional Skills in Crime Victim Services: Upholding wellness, mentally, physically, spiritually and emotionally; Framing victim services around tribal traditions.
4. Supporting and Educating Tribal Leaders: Educating and supporting efforts of tribal leaders to achieve accountability and responsibility to victims of crime.
5. Honoring the Wisdom of the Past: Understanding historical trauma as a way to heal; and Enlisting tribal elders as keepers of our tribal histories; and Embracing Traditional Teachings of “Taking Care of Others.”
6. Working in Harmony: Developing community partnerships to strengthen services, such as partnering with technology experts, and Networking with Native men to address domestic violence and sexual assault.
7. Sustaining our Legacy: Developing skills and incorporating cultural approaches to enhance sustainability and measurability.
8. Healing the Healers: Ensuring safety and support for service providers.

Selection Criteria for Workshops will include:

• Relevance to Target Audience
• Fits into General Conference Theme/Goals
• Presenters Demonstrate Expertise in Working with Native American Communities. (Presenters with limited expertise working with tribal communities are strongly encouraged to collaborate with a co-presenter who has Indian Country expertise.)
• Encourages Interdisciplinary Coordination and Cooperation
• Highlights Promising Practices
• Introduces Innovative Strategies
• Honors and Supports Victims of Crime
• Workshop title indicates clear connection to crime victimization

twp

Kagan as USSC nominee doesn't bode particularly well for Indian Country

From the Indian Country Today story:

"Conservative criticism of Elena Kagan’s nomination to the Supreme Court was all but guaranteed. 

But critiques are also coming from more unlikely sources, as a groundswell of progressive scholars question her past commitments to minorities. Of special interest to Indian country, her positions on tribal and Indian legal issues are unknown, and she has lacked engagement on some major Native topics.

It’s her service as a leader at Harvard that’s got some minority advocates, including Native Americans, concerned.

Of the 32 tenured and tenure-track academic hires Kagan made while dean, a position she held from 2003 – 2009, only one was a minority, of Asian descent. Of the 32, seven were women. The rest were white males. None of Kagan’s hires were Native American.

Compared to other institutions of Harvard’s pedigree, Kagan’s hiring was lax in its inclusion of minorities. At the same time, she was credited with breaking a logjam at the institution in hiring conservative scholars.

Part of the hiring issues surrounding Kagan involve her failing to hire a permanent scholar to fill the Harvard Law School’s Oneida chair, which has received substantial financial support from the Oneida Indian Nation of New York. The position was created in 2003, under the condition that Harvard hire a full-time, tenured faculty member dedicated to Indian law.

Many Indian scholars were touted by tribes and Indian organizations during Kagan’s tenure as candidates to permanently hold the Oneida chair, but action never occurred."

Read the full story HERE.

AND, by the way, why was there NO consideration of ANY of several highly qualified Native American candidates for the position?  Why wasn't Navajo Nation Chief Justice Yazzie on the short list?  Or Diane Humetewa?  Or Rebecca Tsosie?  

twp

Cayuga Nation wins latest round against NY State over cigarettes...and looks to win the next one, too....

New York State officials in Cayuga and Seneca Counties figured they could legally seize some $500,000 worth of cigarettes from the Cayuga Nation smoke shops in their dispute over the collection of state tobacco sales taxes.

But the state's own courts ruled against the two counties' leaders....and now the Cayugas are suing back because the cigarettes, being past their spoilage dates, have been rendered worthless.

See the full story HERE.

twp

On a personal note.....

Your mild-mannered blog editor would like to announce that he appears to have successfully completed the course of studies at University of Tulsa School of Law to obtain an LLM degree in Native American and Indigenous Law. 

I am very grateful for the support and assistance of my family, all of the professors at Tulsa, but most especially Professors Rice, Royster and Limas. 

Now that I am back in Albuquerque, the REAL work begins - building courses in Native American law for my own school, Concord Law School of Kaplan University.

Special thanks to my blog co-editors who always backed me up, especially when I was so busy learning more about Indian Law that I didn't have much time to blog about it.

twp

Turtletalk's take on Kagen nomination

Our colleagues over on the Turtletalk blog (which we highly recommend to any Indian law practitioners and students) have an provocative take on what the Kagen nomination to the Supreme Court means to Indian Country.  You can find it HERE.

twp

Joe Shirley Jr. to Challenge Term Limits

President Joe Shirley Jr. took out papers and paid the $1,500 filing fee to run for a third term as President of the Navajo Nation on Wednesday. He did so despite current Navajo law which limits the president to two consecutive terms in office. Shirley's Attorney argues that term limits are a foreign concept within Navajo society. However, recent law enacted in January by the Navajo Nation Council says that Navajo fundamental law does not supersede statutory laws or policies (currently being challenged in Shirley v. Morgan).

Click here and here for the articles in the Navajo Times regarding Shirley's run for a third term. 

-CMD

UNM runs pre-law summer program for Native American students

UNM School of Law Sponsoring An All-Expenses-Paid Pre-Law Summer Program

for Native American College Freshmen and Sophomores

The UNM School of Law, in conjunction with the American Indian Law Center, was awarded a grant through the Law School Admissions Council’s DiscoverLaw.org Plus Program to conduct a four-week pre-law program targeting undergraduate students at the end of their first or second year of college.  Students will attend classes in the UNM School of Law.  Students will engage in academic coursework focusing on Indian Law and Native legal issues, receive career and academic advising, learn more about the law school admission process, and receive mentoring by Native attorneys, judges, law school faculty, and students. The program will run from June 3 to July 6, 2010 on the UNM campus and applicants will come from all across the United States.

The program builds on a very successful pre-law program that has been running for 40 years at the University of New Mexico that is also a joint project between the School of Law and the American Indian Law Center.  That program, which is geared toward students in the summer before they enter law school immediately, has helped the ranks of American Indian lawyers grow nationally from a handful to more than a thousand in the last several decades.  This new DiscoverLaw.org PLUS program is intended to make a similar difference with a younger cohort to create a better pipeline to law school for American Indians.

UNM School of Law Dean Kevin Washburn, a member of the Chickasaw Nation and a graduate of one of the American Indian Law Center’s summer programs, credits the program with helping him complete law school and succeed in practice:  “The Pre-Law Summer Institute at UNM gave me support and direction for what has been a very successful career in the law; I could not imagine my career without this seminal experience and I hope that others find their way through this new program.”

For the students accepted, the program is without cost.  There are no tuition or housing charges, and participants will receive a living stipend and a travel allowance to assist them in getting to/from Albuquerque.  Students will be housed in UNM dorms.  The program, which begins on June 3, is still accepting applications from American Indian college students nationwide.  However, interested students are encouraged to apply as soon as possible for best consideration.  For more information visit the program’s website athttp://lawschool.unm.edu/na-plus/index.php or contact the program directly atna-plus@law.unm.edu or 505-277-3253.

twp