Native American Law Blog

Opening for tribal prosecutor

The Coeur d’Alene Tribe has an immediate opening for an attorney to serve as its Tribal Prosecutor. This attorney will handle all aspects of a range of juvenile, criminal and child protection cases for the Tribe. Responsibilities will also include supervision of two probation officers, the Tribe’s Child Support Enforcement Program and providing advice and assistance to the Tribal Police. Must be a member in good standing of a state bar association, preferably the state of Idaho. Prosecutorial or defense experience in criminal cases and jury trial experience is required.  Experience with child protection and child support enforcement cases is preferred. A working knowledge and understanding of Federal Indian Law and experience in Native American communities is preferred. Salary is dependent upon experience and the Coeur d’Alene Tribe offers a generous benefit package as well as a 401k retirement plan.

For a complete job description and application information email tjordan@cdatribe-nsn.gov or access online application and job description at www.cdatribe-nsn.gov/depts./hr/jobs/html

 

twp

 

Notifications go out in Cobell Settlement

Today a client mentioned that she and her husband would be receiving a large sum of money in a few months and asked whether it was taxable income. I asked what money and she whipped out two claim forms sent out as a part of the Cobell settlement which had a line in it that stated beneficiaries would receive at a minimum $1,500. The form looked relatively straightforward and easy to fill out. However, I expect we will be receiving phone calls about them because my office covers the entire Easter Agency of the Navajo Nation, aka the checkerboard.

Here is information about filing a claim from the Cobell website:

Important Deadlines

Deadline to Exclude yourself from the Settlement (Trust Administration Class Only):

April 20, 2011

Deadline to Object or Comment on the Settlement:

April 20, 2011

Fairness Hearing:

June 20, 2011 at 10:00 a.m.
United States District Court
for the District of Columbia
333 Constitution Avenue NW
Washington, DC

Deadline to File a Claim/Register to Participate:

Due within 45 days of the Court's Final Approval of the Settlement (or, at a later date set by the Court)

File a Claim / Register to Participate

IMPORTANT NOTE: If you are NOT currently receiving quarterly or annual IIM account statements and believe you are part of this Settlement, you must File a Claim / Register to Participate. You can File a Claim / Register to Participate online or print out a paper Claim Form that you can fill out and submit by mail. To obtain a Claim Form, you may also call the toll-free number or write to Indian Trust Settlement and request that a Claim Form be mailed to you.

If you are currently receiving quarterly or annual IIM account statements, you do not need to complete a Claim Form to participate unless you also:

Believe you owned an interest in trust or restricted land on September 30, 2009; or

Believe you had an IIM account open sometime between 1985 and September 30, 2009 and are not receiving current statements on that account; or

Want to establish your status as an heir to a deceased IIM account holder or individual landowner.

The information that you provide on the Claim Form will only be used to process your claim and to update Department of the Interior records.

If you are currently receiving IIM account statements, but need to update your contact information with the Claims Administrator, please click here.

Claim Form / Registering to Participate Filing Options

If you would like to file a Claim Form / Register to Participate electronically, please select the following option:

File a Claim Form Electronically

If you would like to download a Claim Form / Register to Participate by mailing your completed form to the Claims Administrator along with the required documentation, please select the following option:

Download and Mail in a Paper Claim Form

-Carolyn

As expected - Cherokee Nation appeals Freedmen case to tribe's Supreme Court

From NewsOK:

"The Cherokee Nation filed an appeal in its tribal Supreme Court on Tuesday to defend a constitutional amendment that effectively barred freedmen who don’t have tribal blood from Cherokee citizenship.

The appeal comes less than two weeks after a Cherokee Nation district judge ruled that an 1866 treaty between the tribe and the U.S. government protected the citizenship of freedmen, the descendants of slaves once owned by Cherokees. The judge’s ruling overturned the 2007 tribal constitutional amendment that required tribal blood for citizenship.

Diane Hammons, attorney general for the Cherokee Nation, said, “A constitutional case of this magnitude should be decided by the Cherokee Nation’s highest court.”

You can read more at: http://newsok.com/cherokee-nation-appeals-freedmen-decision-to-its-tribal-supreme-court/article/3535498#ixzz1CB4WbZII

twp

Law journal article on ICWA in the adoption of Indian children by gays and lesbians

Thanks to author, Steve Sanders, an adjunct law professor at the University of Michigan and the University of Chicago, for forwarding this on to us.

You can access the article, WHERE SOVEREIGNS AND CULTURES COLLIDE: BALANCING FEDERALISM, TRIBAL SELF-DETERMINATION, AND INDIVIDUAL RIGHTS IN THE ADOPTION OF INDIAN CHILDREN BY GAYS AND LESBIANS, 25 Wis. J.L. Gender & Soc'y 327 (2010), online here.

For more information on the author or to contact him, you can visit his personal website here.

-Carolyn

Pre-law day scheduled at OU

NATIVE AMERICAN HIGH SCHOOL SENIORS, COLLEGE STUDENTS INTERESTED IN LEGAL CAREERS INVITED TO OU PRE-LAW DAY FEB. 12

Media contact: Evie Klopp Holzer, (405) 831-0709

NORMAN – Native American high school seniors and college students interested in attending law school are invited to Native American Pre-Law Day from 8:30 a.m. to 5 p.m. Saturday, Feb. 12, at the University of Oklahoma College of Law, located at 300 Timberdell Road in Norman. Native American law school students and attorneys will share their experiences from law school and their legal careers.  Admissions and financial aid are also among event topics.

 

Made possible by a grant from the Law School Admission Council, Native American Pre-Law Day is co-sponsored by the OU College of Law, the University of Tulsa College of Law, Oklahoma City University School of Law and the Council on Legal Education Opportunity.

 

There is no cost to attend the event, but space is limited and registration is required. For more information, to register and for accommodations based on disability, go to http://jay.law.ou.edu/prospective/NAPLD/ or contact Brittany Mayes at bmayes@ou.edu or (405) 325-8521.

twp

Secretary Salazar, Assistant Secretary Echo Hawk Submit Draft Consultation Policy to Tribal Leaders

Framework to Provide Greater Role for Tribes in Federal Decisions Affecting Indian Country

WASHINGTON, D.C. -- Secretary of the Interior Ken Salazar and Assistant Secretary- Indian Affairs Larry Echo Hawk today provided the Department’s draft Tribal Consultation Policy to the leaders of the nation’s 565 federally-recognized American Indian and Alaska Native tribes for their review and comment.  Receiving input from Indian country on the draft policy will guide the Department in carrying out President Obama’s directive to all federal departments to develop ways to improve communication and consultation with Tribal leaders in order to develop positive solutions for issues affecting the First Americans.

“Our goal is a comprehensive, transparent and effective policy on which the Tribes can rely,” Secretary Salazar said.  “We must have a policy that embodies the best consultation practices available, responds to the needs of Tribal leaders to be more engaged in policy development and promotes more responsible decision-making on issues affecting American Indians and Alaska Natives,” Salazar said.  “The success of this policy depends greatly on the depth of input received from Indian Country.”

“Meaningful, good faith consultation makes the Department’s operations and governance practices more efficient and effective,” said Assistant Secretary- Indian Affairs Larry Echo Hawk.  “Forging a strong role for Indian Tribes’ involvement at all stages in the government’s decision-making process will benefit Federal Indian policy for generations to come.”

The draft policy contains detailed requirements and guidelines for Interior officials and managers to ensure they are using the best practices and most innovative methods to achieve meaningful consultation with Indian Tribes. The Department will identify and seek to address impediments, both external and internal, to improving its consultation processes.  In order to increase accountability, bureaus and office heads will implement training, performance standards, and comprehensive annual reporting to the Secretary on the results of their consultations, including the scope, cost and effectiveness of these efforts. 

The draft policy was developed in response to President Obama’s Nov. 5, 2009 White House Memorandum on Tribal Consultation, which signaled this Administration’s commitment to strengthening the government-to-government relationship between the United States and Tribal nations.  The President’s memorandum supported tribal consultation as “a critical ingredient of a sound and productive Federal-tribal relationship” and called on all federal agencies to develop plans of action to establish tribal consultation policy. 

Secretary Salazar directed departmental and bureau officials to conduct an assessment of current policy and convene a series of meetings with tribal representatives aimed at improving current tribal consultation practices.  The process included extensive meetings in seven cities with 300 tribal representatives and more than 250 federal officials participating. 

With the input gained in these meetings, Salazar established a Tribal Consultation Team (TCT) to draft the new, comprehensive consultation policy.  This team included tribal representatives from each Bureau of Indian Affairs region in addition to Departmental representatives.  Brian Patterson, Clan Representative of the Oneida Nation, Robert Tippeconnie, Secretary/Treasurer of the Comanche Nation, and Governor Norman Cooeyate of the Zuni Pueblo served as co-chairs of the TCT and along with the other tribal representatives were integral to the success of the process, ensuring that the draft policy is a direct result of collaboration with tribal leaders.

The policy creates a framework for synchronizing the Department’s consultation practices with its bureaus and offices by providing an approach that applies in all circumstances where statutory or Administrative opportunities exist to consult with American Indian and Alaska Native Tribes. Each Interior bureau and office will be required to examine and change their own consultation policies to ensure they are consistent with the final approved departmental policy.

The 60-day Tribal comment period ends on March 14.  There will also be an additional 60-day public comment period beginning in April. The draft policy also will be submitted to Interior bureaus for a 14-day period of employee review and comment.  All comments will be evaluated and considered as improvements are made to the current draft policy. 

The final Tribal Consultation Policy will be signed by Secretary Salazar and added to the Departmental Manual.

To view the Draft Tribal Consultation Policy, click HERE.

###

 -Carolyn

2011 State of Indian Nations Address

National Congress of American Indians presents the

2011 State of Indian Nations Address

January 27, 2011 - Broadcast begins at 10:30 a.m. (EST)

The speech will reflect on the state of Indian Country going into 2011 and outline the key priorities for the federal government to consider when working to uphold the federal trust responsibility to tribal nations. NCAI will be broadcast live on their website www.ncai.org. They are encouraging people all around the country to have viewing events at offices, schools, community centers, and in homes.

-Carolyn

Employment Opportunity: Director, Policy Research Center NCAI

Director, Policy Research Center - National Congress of American Indians - Washington, DC

 Skills and Qualifications - Employee must possess:
• Advanced educational degree, including J.D., Master’s degree, or other comparable credential (a Ph.D. is
preferred, but not required);
• A minimum of five years of experience in working on Indian policy and/or with American Indian/Alaska
Native tribal governments or communities;
• Substantial experience in conducting large-scale, original research and writing research reports on
American Indian policy issues and in Native settings;
• Strong writing, interpersonal, communication, and organizational skills;
• The ability to take direction and work independently, taking initiative within areas of responsibility, as well
as providing leadership and direction while working in a team oriented environment;
• Experience with supervising and providing support for staff, including assistance with workload
management and prioritization; self-assessment; and continuous employee growth and improvement;
• Management experience, including scoping, planning, and administering multiple projects simultaneously;
• The ability to meet with, solicit cooperation of, and deal effectively with people at various levels, e.g., tribal
representatives, funders, program directors, state and federal officials, consultants, etc.
• Experience with and enthusiasm for working in a fast-paced and dynamic environment; and
• The ability to adjust to changing priorities and growing responsibilities

Advanced educational degree, including J.D., Master’s degree, or other comparable credential (a Ph.D. is preferred, but not required)

Required Education - Advanced educational degree, including J.D., Master’s degree, or other comparable credential (a Ph.D. is preferred, but not required)

Duties and Responsibilities - Under the direction of the NCAI Executive Director, the primary duties of the Policy Research Center (PRC) Director consist of:
• Provide overall leadership and direction for the PRC;
• Convene and staff the PRC national advisory council;
• Work with PRC advisory council, NCAI Executive Director, and staff to establish research priorities;
• Ensure the alignment of PRC capacity and priorities to support NCAI policy staff on proactive policy
development;
• Supervise Policy Research Center staff, contractors, and consultants;
• Manage and plan for the effective use of Center and contracted research staff, including support to PRC
staff in their efforts to conduct research projects that reflect Center values, priorities, and expectations;
• Delegate and monitor project work;
• Develop business and administrative plans;
• In coordination with Development Director and PRC staff, develop core funding and project-specific
funding proposals;
• Assist in the identification and engagement of stakeholders and potential partners; coordinate partner
involvement where appropriate;
• Assist in the tracking of national trends in research related to Center priorities and funding opportunities to
be continuously apprised of the most current and relevant information;
• Utilize academic research and other resource materials;
• Prepare reports and other written information for policymakers, practitioners, researchers, and funders;
• Coordinate the dissemination of information on relevant research projects to tribal leaders, Indian
programs, policymakers, federal and state agencies, partner agencies, funders, NCAI Executive Board,
NCAI staff, PRC advisory council, and other individuals or entities in a timely manner;
• Adhere to PRC core values, guiding principles, and Center policy regarding ownership of data, respect for
tribal sovereignty and community-driven research and evaluation activities;
• Oversee development and maintenance of PRC website; and
• Various other duties as assigned. 

Salary and Benefits -This is a salaried position that offers competitive salary and benefits (including health benefits, 401(k) plan, vacation time, etc.). Salary will be determined based on experience.

More Information - Position will be located at NCAI’s Washington DC offices and is open until filled. Initial application review will include all applications received by January 14, 2010.

Contact Information - To apply, submit a cover letter, resume, brief writing sample and the names of three references, by email (preferred) or mail to: National Congress of American Indians Attn: Nketia Agyeman 1516 P St, NW Washington, DC 20005 jobs@ncai.org

-Carolyn

Employment Opportunity: Legal Director

California Indian Legal Services, Legal Director

What We Seek:

California Indian Legal Services seeks a Legal Director to work in our Escondido field office.  The Legal Director position has statewide responsibilities.  The Legal Director supervises and manages the program’s legal work, develops and implements appropriate policies and procedures to ensure that our legal services are effective and efficient, and maintains and shares a program-wide perspective on CILS’ work both within the organization and the community.  

Under the supervision of the Executive Director, this position will require regular and frequent travel to the CILS field offices, attendance at management meetings, Board of Trustee meetings, and other travel as needed.

Who We Are:

Founded in 1967, CILS is the oldest public interest Indian rights law firm in the country, promoting the fundamental rights of California tribes and Indians through litigation, legislative and administrative advocacy, community development, and other strategies for systemic change.  CILS is a state and national leader in protecting and advancing the rights of California Indians, and each year works with dozens of tribes in the state and thousands of Indian individuals and families. CILS provides a full range of legal representation to California Indian tribes and Indian organizations, advocates for the rights of California Indians at the local, state, and national levels, and provides direct services and community education to low-income Indian individuals on issues related to Federal Indian Law.  Our work includes such diverse practice areas as the Indian Child Welfare Act, trust lands, Indian probate, Indian cultural and religious rights, tribal community and economic development, tribal justice systems, tribal governance, tribal social service delivery systems, protection of sacred sites, and environmental protection. 

CILS has an annual operating budget of more than $2.1 million derived from a wide variety of sources, including federal and state grants, tribal donations, and tribal grants and contracts.  Escondido serves as the principal location for CILS, with branch offices in Bishop, Escondido, Eureka, and Sacramento.  The staff currently numbers 21, including 12 lawyers/advocates.  Our Board of Trustees is comprised of California Indians appointed by Indian tribes and organizations across the state, as well as representatives appointed by the State Bar of California.

Additional information about CILS may be found on our website, at www.calindian.org.

LEGAL DIRECTOR

Program Direction
• Ensures that legal issues affecting California Indians are identified and aggressively pursued by the program’s advocates.
• Collaborates with the Executive Director, attorneys, and Board to assess program direction and provides leadership and recommendations for the overall development of effective program services.
• Develops and maintains a comprehensive picture of CILS’ legal work, and works collaboratively with the Executive Director to ensure that program activities and strategies effectively fulfill the vision of CILS established by the Board of Trustees.

Supervision & Case Review
• Develops and implements effective policies and procedures for Attorney/Advocate case reviews.
• Reviews requests for complex case representation and presents recommendations to the Executive Director.
• Consults with individual staff attorneys on substantive, procedural, evidentiary, ethical, and strategic matters arising in caseloads.
• Travels regularly to all service areas to accomplish supervisory responsibility.

Mentoring & Training
• Coordinates and facilitates periodic advocates meetings. 
• Coordinates and facilitates in-house advocate training events.
• Coordinates orientation for new attorneys.
• Develops mechanisms to assist all advocates in staying abreast of current law and changes in law. 
• Work with individual staff attorneys to demonstrate, practice, and reinforce legal skills and theories.
• As necessary, accompanies – or ensures that other experienced attorneys accompany –  staff attorneys to hearings, pre-trials, negotiations, or other functions in order to observe and ensure advocates are trained in the skills and concepts of the legal profession.
• Provides advocacy support and ensures that attorneys have development opportunities through co-counseling, mentoring, supervision, evaluation, follow-up support, and training.

Management/Board
• Attends all management and Board of Trustees meetings.

Community
• Actively promotes a cohesive and compelling view of CILS’ mission and services to California Indian tribes, individuals, and organizations.
• At the request of the Executive Director, represents CILS in public forums.

Required Qualifications
• Law degree and licensed to practice in California.
• Minimum of seven years experience in the practice of law.
• Solid and extensive background in federal Indian law.
• Extensive experience in state and federal litigation.
• Demonstrated management and supervisory skills, including the ability to communicate effectively with attorneys of varying degrees of experience and to train less experienced attorneys.

Preferred Qualifications
• Legal Services and/or Nonprofit legal work experience
• Experience with the Legal Services Corporation (LSC) rules and regulations
• Fundraising, grant writing and reporting, and other program development

Salary:

Competitive based on experience.  Full family/partner medical and dental benefits, LTD, life insurance, generous leave policies, potential for annual performance incentive.

Application Procedure:

Please submit letter of interest, resume, two writing samples and three professional references to Patricia De La Cruz-Lynas, Director of Administration, California Indian Legal Services, Re:  Legal Director Position, 609 S. Escondido Blvd., Escondido, CA 92025.  E-mail hiring@calindian.org Applications will be accepted until the position is filled. 

-Carolyn

Decision in tribal court in the Freedman case

"A Cherokee Nation tribal court ruled on Friday that the nation cannot exclude the so-called "Freedmen" from tribal membership even though some of them are not blood descendants of the Indians."

This is NOT the case currently pending in federal court....but will it have an impact on the federal court ruling?  The rest of the government in the Cherokee Nation isn't inclined to go along, and may appeal the decision.

 

Read the full story from Reuters HERE.

 

twp

Attorney job opening......

ATTORNEY

Posted: January 10, 2011

The Indian Law Resource Center is now considering applications for an attorney position in the Helena, Montana office.  The attorney will provide legal assistance to Indian and Alaska Native nations, including possibly Indian peoples in Mexico, Central and South America, in matters relating to self-determination, lands and resources, international human rights, environmental protection, and the rights of Native women.  The attorney will play a role in carrying out all of the legal programs of the Indian Law Resource Center.

See the announcement and download the position description HERE.

Another Free Training Stop DV against Native Women

Coalition to Stop Violence against Native Women presents

40 Hour Domestic Violence Advocacy Training

Route 66 Casino Hotel

January 24th – 28th, 2011

For more information contact Frances Abeyta @ 505-243-9199 or visit our website @ www.csvanw.org

We welcome all social service providers, first responders, domestic violence advocates, and/or survivors of domestic violence

~Funding provided through the NM Children, Youth and Families Department State Grant~

Download 40hrregistrationform_001 (2)

-Carolyn

Another Free Training Stop DV against Native Women

Coalition to Stop Violence against Native Women presents

40 Hour Domestic Violence Advocacy Training

Route 66 Casino Hotel

January 24th – 28th, 2011

For more information contact Frances Abeyta @ 505-243-9199 or visit our website @ www.csvanw.org

We welcome all social service providers, first responders, domestic violence advocates, and/or survivors of domestic violence

~Funding provided through the NM Children, Youth and Families Department State Grant~

Download 40hrregistrationform_001 (2)

-Carolyn

Employment Opportunity: Legislative Attorney, Ho-Chunk Nation

See attached posting for information on how to apply. Download Ho-ChunkNationJobPosting1.5.2011

-Carolyn

Crimes against Children in Indian Country

April 5-7, 2011 | Carlton, Minnesota

Our native youth are impacted by unique and challenging threats that affect their physical and emotional well-being at a rate many times higher than their non-native peers. Sadly, many tribal communities do not have the same access as other communities to the necessary resources for addressing these threats. Attend this conference to learn about successful approaches to combat serious issues that affect our youth. Since its inception in 2006, this conference for tribal and non-tribal service practitioners has addressed the challenges and opportunities presented when working with youth in Indian Country. Sessions are presented by professionals experienced in working with native youth. You can Create Positive Change!

In 2010, over 180 individuals gathered from over 15 different states to participate in this valuable training. Tribal and non-tribal members of local, state, and federal agencies represented a diversity of fields and professions, including law enforcement, courts, corrections, education, social services, health and wellness. Most importantly, these individuals had one goal in common – bringing about positive change for our native youth. View the Conference History page for more information on the 2010 event.

Who Should Attend This conference is for individuals interested in bringing about positive change for our native youth. Participants representing tribal and non-tribal agencies are encouraged to attend. Conference training sessions will benefit:

• Law enforcement personnel
• Crime victim advocates and service providers
• Judges, prosecutors, defense attorneys and court personnel
• Employee assistance, community service providers, and social workers
• School counselors, teachers, principals and superintendents
• Child protection advocates and service providers Probation/parole, correctional officers, sex offender monitors, and re-entry staff
• Youth program coordinators, service organization staff, and peer counselors Community leaders and concerned citizens

Acknowledgments Individuals from the following agencies contributed their time and resources to the development and support of this conference: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Indian Alcohol and Substance Abuse Program Tribal Courts Assistance Program U.S. Attorney's Office for the Eastern District of Wisconsin Federal Bureau of Investigation Minnesota Department of Public Safety, Bureau of Criminal Apprehension Wisconsin Office of Justice Assistance Minneapolis Police Department Menominee Tribal Police Department Oneida Tribal Police Department Red Lake Band of Chippewa Indians Native American Law Enforcement Summit Planning Committee The University of North Dakota Tribal Judicial Institute Fox Valley Technical College - Criminal Justice Center for Innovation

This project was supported by Grant No. 2008-AC-BX-K001 and 2009-AC-BX-K034 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the U.S. Department of Justice.

For questions regarding the conference contact Jason Sterling (phone: 888-370-1752.). Posting can be accessed here.

-Carolyn

Job opening in California

Title: Staff Attorney
Location: Escondido, CA
Company: California Indian Legal Services
Web/E-mail: http://calindian.org/employment/sacramento, hiring@calindian.org



Staff Attorney

California Indian Legal Services (CILS) seeks  an experienced Staff Attorney for its Sacramento Branch office.  A full description of this position can be found at:  http://calindian.org/employment/sacramento.  Applications comprising of a letter of interest, resume and writing sample should be sent to Patricia De La Cruz-Lynas, Director of Administration, California Indian Legal Services, 609 S. Escondido Blvd., Escondido, CA 92025.  E-mail hiring@calindian.org.

Tribal chief judge removed from office....for what? No one's saying.

From theday.com out of Connecticut:

"Thomas Weissmuller, chief judge of the Mashantucket Pequot Tribal Court, confirmed Thursday that he's been let go.

Weissmuller, a North Stonington native who has headed the court since 2005, said the tribal council informed him this week that "he's no longer the chief judge." He said the council provided no explanation.

"I was just thanked for my dedicated service as chief judge," Weissmuller said.

Weissmuller, one of the court's three trial judges, is assigned to hundreds of pending cases, including one in which the architect that designed MGM Grand at Foxwoods is suing the tribe in a contract dispute. Weissmuller filed a ruling on a motion in the case last week, court records show.

Requests for comment from several tribal officials yielded a single response: "The tribe does not comment on personnel matters."

You can read the full story HERE.

If you're going to be a sovereign, you've got to act like a sovereign.  That does NOT include removing judges just because you don't happen to like a decision they make.  Tribal courts are not supposed to be the lap dogs of tribal councils/legislatures or tribal chiefs.  There seems to be a number of tribes these days that have forgotten that (kindly take note, Tribal Council of the Muscogee (Creek) Nation).

twp

 

FREE Training Opportunity: Understanding Native American Domestic Violence Survivors

FREE Training Opportunity Provided and Presented by:

Southwest Indigenous  Women’s Coalition & Arizona Coalition Against Domestic Violence

Understanding Native American Domestic Violence Survivors

January 25 & 26, 2011

8:30 am to 4:30 pm (both days)

Wild Horse Pass, Gila River Indian Community, Arizona

This training is a cultural competency training for advocates and professionals working with Native American domestic violence survivors. This training will expand your advo-cacy skills by learning about the impact of historical trauma and will cover topics regard-ing tribal/county/state/federal issues that can affect your advocacy response working with Native women.

For more information please contact the Southwest Indigenous Women’s Coalition 1-602-266-8434 or the Arizona Coalition Against Domestic Violence at 1-800-782-6400. Download Understanding Native American DV Survivors registration form (2) (2)

-Carolyn

Taxes, taxes and more taxes

On April 21, 2010 the House Committee on Natural Resources met regarding the Indian Pueblo Cultural Center Clarification Act. The bill passed the House of Representatives in June and the Senate in December. It took a while to reach his desk, but President Obama signed the Act into law on January 4, 2011.

“Public Law 95–232 is amended in the first section in subsection (b) by striking ‘However, such property shall not be ‘Indian country’ as defined in section 1151 of title 18, United States Code.’”’ By doing this, the Act clarified that the land on which the Cultural Center sits, which was put into trust in the 1976, is considered Indian Country and businesses operating there could not be taxed pursuant to a New Mexico State Administrative Order.

You can access the White House Press Statement here and information on the bill here.

In other taxation news, an interesting publication appeared on Washington State Bar Association’s website and then on Indianz.com regarding tax issues in Indian Country. You can access it on the Bar Association’s website here.

-Carolyn

Seventeenth Ask Elouise Letter

December 28, 2010

Dear Indian Country

This is the seventeenth letter in a series of open letters that I’m sending to Indian Country. The purpose of this letter is to update you about the settlement.

On December 21, 2010, the district court granted preliminary approval for the settlement and approved the plan to provide notice to the class. “Notice” is how members of a class are informed about their rights and obligations when a class action case settles. This is a necessary first step that must be taken before funds may be sent to class members in a case that has settled.

The judge’s preliminary approval order establishes a number of important deadlines. The notice period starts on January 20, 2011. This is the date that the long form notice will commence to be sent to all class members with valid addresses that are maintained by the Department of the Interior and an extensive media campaign will start. Notices will be published in newspapers and magazines and they will be aired on television and radio in Indian Country and in other areas of the country where many class members live. We will also begin an extensive series of meetings around Indian Country to explain the settlement and answer your questions.

If you do not receive a long form notice in the mail, you can request that one be sent to you by going to this website or by calling this toll-free number:

	Internet:	https://cert.tgcginc.com/iim/register.php
	Telephone:	1-800-961-6109

The judge also has said that if you wish to opt-out of, or object to, the settlement, you should do so by April 20, 2011. Instructions on how to opt-out or object will be included in the long form notice.

Finally, if you wish to appear at the fairness hearing and explain your objections personally to the Court, you should review the long form notice for instructions on how to do so. The judge has scheduled the fairness hearing for June 20, 2011. Any of the dates discussed above may change as ordered by the Court.

Prior Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. We also have a “frequently asked questions” section while includes the most common questions we’ve received as well as questions and answers from prior Ask Elouise letters: http://cobellsettlement.com/press/faq.php. With so many members of the class, I can’t answer every question that you send.

The most common question I receive every week relates to whether a particular person is included in this settlement. Unfortunately, I do not have that information. The settlement agreement provides general guidelines (see also http://cobellsettlement.com/press/faq.php), but I also understand that many of you have unique or unusual circumstances, which make it unclear to me whether you are included in the settlement class. For those of you who still have questions, I recommend that you register to receive all Court-ordered communications to ensure you do not miss important information. There is no need to register if you are receiving a quarterly IIM statement. The Court ultimately will determine who is included in this settlement. Registration information can be found at the end of this and every Ask Elouise letter.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

	Internet:	https://cert.tgcginc.com/iim/register.php
	Telephone:	1-800-961-6109

If you have a question, send an e-mail to: askelouise@cobellsettlement.com. Otherwise you can send me a letter to the address below. To expedite the processing of your letters our contractor has set up a post office box in Ohio, but I assure you this letter is coming from me and I will see your letters.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

 

-Carolyn