Native American Law Blog

10th Circuit rules on eagle feathers case....which will no doubt be appealed

You can read the full AP story HERE in the Colorado Springs Gazette.

Bottom line - non-Indians, even if they claim it as a vital part of their own religious practices, can't possess eagle feathers.  Indians can (if they follow the federal law to obtain them).

twp

Conference with Youth Track - and short deadline for scholarships

Courtesy of our friend Philip Tinker:

SAIGE Announces Youth Track at Sixth Annual National Training Conference

The Society of American Indian Government Employees (SAIGE) is the only
national Non- profit organization that advocates for American Indian and
Alaska Native Government employees. SAIGE will host their 8th annual
training conference, “Service, Honor, Respect: Strengthening our
Cultures and Communities,” June 13-17, 2011 in Tulsa, Oklahoma, at the
Cherokee Hard Rock Hotel.

As part of the Training Conference, SAIGE will also host the annual
Native Youth Track. This program is designed to provide Native American
students an opportunity to learn about careers within the federal
government, to participate in professional and personal development
workshops and training, and to network with Native American
professionals.

SAIGE encourages Native American youth to realize their potential to
become leaders in their communities and schools, continue their
education by obtaining a college degree, and ultimately, to seek a
career in the government sector in one of the multitude of civil service
professions. Federal agency representatives attending the conference
have the opportunity to meet students, participate as Exhibitors, and
promote career opportunities within their respective agencies.

SAIGE is offering a limited number of scholarships for Native students
to attend the 2011 Training Conference June 13-17, 2011 in Tulsa,
Oklahoma.  The scholarships will include conference fee, airfare, hotel
accommodations and per diem for meals.

The Youth Track is open to Native Students between the ages of 18 and 25
who can demonstrate they are currently enrolled in good standing at an
accredited high school, college or university. Students must be
interested in gaining a professional degree and in the possibility of
pursing a career with the federal government. SAIGE invites American
Indian/Alaska Native students to submit their application form, letter
of reference, proof of school enrollment, and completed emergency
medical information form for consideration to attend the conference. A
short essay about their interest in government careers and information
about themselves is also required. Completed application packets must be
postmarked or electronic copies sent no later then April 15, 2011. To
obtain a complete application visit our website at: www.saige.org
under Youth Track.

We look forward to you joining us in Tulsa, Oklahoma.

Contact: JoAnn Brant
Youth Track Coordinator
(202) 564-0375
Brant.joann@epa.gov

Intertribal bar association grows in California

There's a boom going on - a boom in the practice, and number of practitioners, of Indian Law.  One example is the birth and growth of the Intertribal Bar Association in Southern California...to go along with an Intertribal Court, where San Diego County has more Indian Reservations than any other county in the US.

 You can see the full story HERE in the Daily Journal.  

Another save the date...California Indian Legal Services Annual Conference

California Indian Legal Services’

5^th Annual California Tribal Courts Conference

Harrah’s Rincon Casino & Resort

777 Harrah’s Rincon Way

Valley Center, CA 92082

May 18-19, 2011

 

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Conference Highlights

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      Roundtable Discussion for Tribal Court Judges

      Panel Presentations on the recently passed Tribal Law & Order Act, Criminal Jurisdiction in Indian Country, and the Indian Child Welfare Act

      Mock Tribal Court trials in the areas of Domestic Violence, Family Law, & Tribal Customary Adoption

      Distinguished speakers, including:

      Professor Carole Goldberg, UCLA School of Law

      District Attorney Paul Gallegos, Humboldt County

      Assistant U.S. Attorney Jill Burkhardt, U.S. Department of Justice

      Tribal Court Judges, Police Officers and Government Leaders from across the State

Look HERE for more information.

 

twp

Some "save the dates....."

Navajo Nation Bar Association Annual Conference
Date: June 9-10, 2011
Location: Gila River Wild Horse Pass Hotel,
5040 Wild Horse Pass Boulevard, Chandler, Arizona 85246
Cost: $200.00 before May 18/$250.00 after May 18/$275.00 on-site

Treaty to Trust to Carcieri: The Economic Future for Indian Lands CLE
Sponsor: ILP Economic Development Program
Date: April 28-29, 2011
Location: ASU Memorial Union
Contact: Darlene Lester at Darlene.lester@asu.edu
More Info: https://www.regonline.com/builder/site/Default.aspx?EventID=893284

Civil Rights Revisited: Minority Bar Convention 2011
Date: April 15, 2011
Location: Desert Willow Conference Center
4340 E Cotton Center Blvd Suite 100, AZ 85040
Contact: Diandra Benally at DBenally@ftmcdowell.org
Info: http://www.legalspan.com/azbar/calendar.asp?UGUID=&ItemID=20101207-314499-163234
NABA-AZ is a co-sponsor of this event.
NABA-AZ/Indian Law Section Panel: Friday, April 15 – 3:15 p.m. to 4:45 p.m.
The Ethical Responsibilities of Practicing in Indian Country and Before Arizona’s Tribal Courts **Pending approval for Navajo Law CLE.
Moderator:
Roger Owers, Owers Altshuler, PLLC
Speakers:
Judith Dworkin, Sacks Tierney P.A.
Patty Ferguson-Bohnee, Sandra Day O’Connor College of Law
Sheri Freemont, Salt River Pima-Maricopa Indian Community

Federal Bar Association Indian Law Conference
Date: April 7-8, 2011
Location: Hilton Santa Fe, at Buffalo Thunder, Pueblo of Pojoaque
More Info: http://www.fedbar.org/Sections/Indian-Law-Section/Calendar/36th-Annual-Indian-Law-Conference_1.aspx

Supreme Court update posted on Turtle Talk

Our colleagues over on the Turtle Talk board have written and posted their periodic Supreme Court 2010 Mid-TermUpdate....the leading comment on which is "Much has happened and much is in limbo in this Term so far."  

You can see the update HERE.

 

twp

Webinar Series on Tribal Detention Planning

Overhauling the System: A Long Term Plan to Address Detention in Indian Country

March 30, 2011
2:00 to 3:30 p.m. (Eastern Time)

Please join us for the first in a four-part series of interactive, working webinars designed to focus on developing clear, concise policy recommendations for inclusion in any long-term detention plan submitted to Congress under the Tribal Law & Order Act (TLOA). This four-part series will kick-off on Wednesday, March 30, with a webinar occurring every two weeks until May 11: (Please note all webinars are Eastern Time)

• March 30, 2011—2 p.m.-3:30 p.m.—Overhauling the System: A Long Term Plan to Address Detention in Indian Country      CLICK HERE TO REGISTER
• April 13, 2011—2 p.m.-3:30 p.m.—Exploring New Approaches: Alternatives to Incarceration, Multi-Purpose Justice Centers, and Treatment Centers
• April 27, 2011—2 p.m.-3:30 p.m.—Bricks and Mortar: Facility Construction and Operation
• Mary 11, 2011—2 p.m.-3:30 p.m.—A Brighter Future: Pre-release and Reentry Into the Community

These detention-focused webinars are part of a larger webinar series that aims to enhance tribal and state collaboration and highlight the benefits of intergovernmental coordination. The National Criminal Justice Association (NCJA) and the National Congress of American Indians (NCAI) will jointly host the upcoming webinars, sponsored by a grant from the Bureau of Justice Assistance (BJA), U.S. Department of Justice.

The March 30 webinar will provide a brief informational overview on:

• the basic structure of the long-term detention report mandated by the TLOA;
• the process for input; and
• a summary of federal progress thus far.

Following the introductory overview, the major focus of this working webinar will be to gather input and feedback and answer questions from tribal leaders, justice professionals, and various other stakeholders.

If you have questions or concerns regarding this announcement, please contact Kay Chopard Cohen at kcohen@ncja.org or Katy Jackman at kjackman@ncai.org. We look forward to your participation!

System Requirements

PC-based attendees
Required: Windows® 7, Vista, XP, 2003 Server or 2000

Macintosh®-based attendees
Required: Mac OS® X 10.4.11 (Tiger®) or newer

-Carolyn

GOA Report Calls for DOI and DOJ to Coordinate with Tribal Courts

Indian Country Criminal Justice: Departments of the Interior and Justice Should Strengthen Coordination to Support Tribal Courts

GAO-11-252 February 14, 2011

Highlights Page (PDF)   Full Report (PDF, 93 pages)   Accessible Text   Recommendations (HTML)

Summary The Department of Justice (DOJ) reports from the latest available data that from 1992 to 2001 American Indians experienced violent crimes at more than twice the national rate. The Department of the Interior (DOI) and DOJ provide support to federally recognized tribes to address tribal justice issues. Upon request, GAO analyzed (1) the challenges facing tribes in adjudicating Indian country crimes and what federal efforts exist to help address these challenges and (2) the extent to which DOI and DOJ have collaborated with each other to support tribal justice systems. To do so, GAO interviewed tribal justice officials at 12 tribes in four states and reviewed laws, including the Tribal Law and Order Act of 2010, to identify federal efforts to assist tribes. GAO selected these tribes based on court structure, among other factors. Although the results cannot be generalized, they provided useful perspectives about the challenges various tribes face in adjudicating crime in Indian country. GAO also compared DOI and DOJ's efforts against practices that can help enhance and sustain collaboration among federal agencies and standards for internal control in the federal government. The 12 tribes GAO visited reported several challenges in adjudicating crimes in Indian country, but multiple federal efforts exist to help address some of these challenges. For example, tribes only have jurisdiction to prosecute crimes committed by Indian offenders in Indian country. Also, until the Tribal Law and Order Act of 2010 (the Act) was passed in July 2010, tribes could only sentence those found guilty to up to 1 year in jail per offense. Lacking further jurisdiction and sentencing authority, tribes rely on the U.S. Attorneys' Offices (USAO) to prosecute crime in Indian country. Generally, the tribes GAO visited reported challenges in obtaining information on prosecutions from USAOs in a timely manner. For example, tribes reported they experienced delays in obtaining information when a USAO declines to prosecute a case; these delays may affect tribes' ability to pursue prosecution in tribal court before their statute of limitations expires. USAOs are working with tribes to improve timely notification about declinations. DOI and the tribes GAO visited also reported overcrowding at tribal detention facilities. In some instances, tribes may have to contract with other detention facilities, which can be costly. Multiple federal efforts exist to help address these challenges. For example, the Act authorizes tribes to sentence convicted offenders for up to 3 years imprisonment under certain circumstances, and encourages DOJ to appoint tribal prosecutors to assist in prosecuting Indian country criminal matters in federal court. Federal efforts also include developing a pilot program to house, in federal prison, up to 100 Indian offenders convicted in tribal courts, given the shortage of tribal detention space. DOI, through its Bureau of Indian Affairs (BIA), and DOJ components have taken action to coordinate their efforts to support tribal court and tribal detention programs; however, the two agencies could enhance their coordination on tribal courts by strengthening their information sharing efforts. BIA and DOJ have begun to establish task forces designed to facilitate coordination on tribal court and tribal detention initiatives, but more focus has been given to coordination on tribal detention programs. For example, at the program level, BIA and DOJ have established procedures to share information when DOJ plans to construct tribal detention facilities. This helps ensure that BIA is prepared to assume responsibility to staff and operate tribal detention facilities that DOJ constructs and in turn minimizes potential waste. In contrast, BIA and DOJ have not implemented similar information sharing and coordination mechanisms for their shared activities to enhance the capacity of tribal courts to administer justice. For example, BIA has not shared information with DOJ about its assessments of tribal courts. Further, both agencies provide training and technical assistance to tribal courts; however, they are unaware as to whether there could be unnecessary duplication. Developing mechanisms to identify and share information related to tribal courts could yield potential benefits in terms of minimizing unnecessary duplication and leveraging the expertise and capacities that each agency brings. GAO recommends that the Secretary of the Interior and the Attorney General direct the relevant DOI and DOJ programs to develop mechanisms to identify and share information related to tribal courts. DOI and DOJ concurred with our recommendation. Recommendations Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work. Director: David C. Maurer Team: Government Accountability Office: Homeland Security and Justice Phone: (202) 512-9627   Recommendations for Executive Action Recommendation: To maximize the efficiency and effectiveness of each agency's efforts to support tribal courts by increasing interagency coordination and improving information sharing, the Attorney General and the Secretary of the Interior should direct DOJ's Office of Justice Programs and BIA's Office of Justice Services, respectively, to work together to develop mechanisms, using GAO collaboration practices as guide, to identify and share information and resources related to tribal courts. Agency Affected: Department of the Interior Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information. Agency Affected: Department of Justice Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information. Report accessible here.

 

Tribal Court training available

American Indian Law Center is working in collaboration with the University of New Mexico's Institute of Public Law and Southwest Indian Law Clinic to present the Tribal Court Training Program. The Tribal Court Training Program is a series of sessions specifically for Tribal Court Judges, Tribal Court Prosecutors, and Tribal Court Administrators/Clerks. The Registration form and Save the Date flyer for the Tribal Court Training Program is available at: http://www.ailc-inc.org/PDF%20files/Tribal.Court.Training-Registration%20Form.rev1.pdf

Job opening....

PUEBLO de SAN ILDEFONSO
Human Resources Office
02 Tunyo Po
Santa Fe, NM 87506


JOB VACANCY ANNOUNCEMENT

Tuesday, February 08, 2011

The Administration has a Tribal Judge position available.

Job Summary
The Tribal Judge presides over the Pueblo de San Ildefonso Tribal Court and is responsible for the overall administration and operation of the Tribal Court. The Tribal Judge is responsible for fairly and impartially hearing and deciding cases and matters within the jurisdiction of the Tribal Court pursuant to the Pueblo de San Ildefonso Civil and Criminal Code, regulations and applicable federal law. The Tribal Judge is responsible for protecting and enhancing the sovereignty of the Pueblo de San Ildefonso. Communicates with Tribal Council and Administration regarding the administration of the Court, program goals, funding, strategic development and issues of importance to the Pueblo de San Ildefonso and the Tribal Court. Responsible for planning, coordinating, maintaining and enhancing the judicial services provided to the community. Represents the Pueblo de San Ildefonso Tribal Court before local, state and federal agencies, national and local judicial organizations and at meetings as appropriate. As a representative of the Pueblo de San Ildefonso, the Tribal Judge must conduct himself/herself according to the highest ethical standards. 

Minimum Qualifications
Bachelor’s degree in Pre-Law, Political Science, Public Administration, or related field required. 
Juris Doctorate degree (JD) from an ABA accredited law school preferred. 5 years of general judicial experience required, including experience with Court procedures, with 3-5 years experience in specified duties and responsibilities. Judicial administration experience also preferred. Experience and/or practice in field of Indian Law with emphasis on federal Indian law, tribal law, tribal sovereignty, tribal government and jurisdiction. Proficiency in MS Word, Excel, Access and Outlook. Knowledge of Full Court database would be valuable. Requires excellent communication skills - both written and verbal. Must be able to write clear and reasoned court orders and decisions. Ability to perform quality work under pressure, meet deadlines and maintain confidentiality. Must not have been convicted of a felony or a crime involving dishonesty or ever been disbarred by any jurisdiction. Must be able to perform the responsibilities of the position in accordance with judicial and/or ethical standards. Must be insurable under the Pueblo de San Ildefonso vehicle insurance policy. A favorable background check is required. 

The Pueblo de San Ildefonso is an Equal Opportunity Employer. Preference is given to qualified Native Americans. 

APPLICATION: A job description and application are available in the Human Resources office. 
Submit your resume and an application to the Human Resources office; via e-mail itsepe@sanipueblo.org; or FAX: (505) 455-4149. Call 455-4112 with questions about this position.

DEADLINE FOR APPLYING: Open until position is filled.

ABA Journal article on Tribal Court Ethics Rules

An area that has been sadly neglected for some time is now getting some attention.....what ethics rules, if any, apply to those practicing in tribal court systems.  The ABA Journal has just published an article by Ed Finkel on the topic.  You can find it HERE.

 

twp

Upcoming CLE in Washington, DC

From our friends at the FBA Indian Law section:

The FBA’s Government Contracts Section and Younger Lawyers Division

in partnership with the Court of Federal Claims Bar Association

and the George Washington University Law School invite you to

Best Practices for and Introduction to the Court of Federal Claims

March 31, 2011 • 12:00 – 1:00 pm

Dickstein Shapiro LLP 
1825 Eye Street NW, 12th Floor

Washington, DC 20006

(Farragut West Metro Station)

Join us as our esteemed panel provides insight into their career experiences, practice on and before the Bench, and procedural “do’s and don’ts” before the court. While the session will be instructive for all public and private practitioners,

junior attorneys and law students are particularly encouraged to attend.

 

Speakers: Judge Marian Blank Horn, United States Court of Federal Claims

Dawn E. Goodman, Trial Attorney, United States Department of Justice, Commercial Litigation Branch/National Courts Section

Kenneth Dintzer, Assistant Director, United States Department of Justice, Commercial Litigation Branch/National Courts Section

 Stuart Nibley, Partner, Dickstein Shapiro LLP

Moderator/Chair: Chief Judge Emily C. Hewitt, United States Court of Federal Claims

Lunch Included

Dial-In Option Available Upon Registration

Private Attorneys-$12 Government Attorneys-$9 Students-$7

For more info and registration, head on over to www.fedbar.org.

 

twp

 

The beginning of the end of turmoil in Muscogee (Creek) Nation government?

This has been going on for some time - a power battle between the National Council of the Muscogee (Creek) Nation and the executive branch (Chief A.D. Ellis), with the tribal judiciary caught in the middle.

But the Creek Nation Supreme Court has weighed in on a key fight, which may signal the beginning of the end of the conflict....siding with the Chief, against the National Council's attempt to illegally re-form the tribal judicial system, and ruling the Council has no standing to bring such suits in the first place.  From the Tulsa World:

"OKMULGEE - The Muscogee (Creek) Nation Supreme Court has denied the National Council's request that it prohibit a tribal district judge from continuing in that role. Citing a 1986 tribal court case as precedent, Chief Justice Jonodev Chaudhuri wrote for a three-justice majority Tuesday that until a successor is appointed and confirmed, District Judge Patrick Moore will remain on the bench. Justices Kathleen Supernaw, Denette Mouser and Leah Harjo-Ware recused themselves from the decision. Meanwhile, members of the National Council filed a petition in U.S. District Court for the Eastern District of Oklahoma in Muskogee on Tuesday, asking the federal court to take up their case, according to a news release from the tribe's executive branch. Moore's term as a tribal district court judge had been set to expire last June 30, but it was extended by two administrative orders issued by Chaudhuri because a replacement had not been appointed and confirmed as required by the tribe's constitution. The National Council has passed several resolutions refusing to recognize the judicial authority of Moore or the Muscogee (Creek) Nation district court. But Chaudhuri wrote in his opinion that "A legislatively created restriction on a necessary judicial officer's term of office has no effect on the judiciary in the face of an imminent void of social services." In addition, the Supreme Court opinion noted that "the general authority to bring suit is not one of the National Council's powers. National Council does not have standing to proceed as a petitioner, and its requested relief is dismissed outright."

 

Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?articleid=20110303_11_A10_OKMULG7343

Presentation on the Freedmen at University of Tulsa

The Freedmen Saga

By Ron Graham

 

Are the freedmen descendants of tribal citizens also citizens?

 

A lawsuit filed by the Cherokee Nation in federal court in Tulsa could answer this question.

 

Come hear Graham, a freedman descendant, talk about the history and lineage of the Freedmen.

 

Wednesday, March 2

6:00pm

Gallery, ACAC

 Dinner will be provided.

 

 

Freedmen: Former slaves who were released from slavery, usually by legal means. Freedmen who were former slaves of Native Americans often stayed with the tribe, adopting their culture, language, and dress and in some tribes also intermarrying. Originally, these freedmen were given Native American citizenship, of which many have been revoked in the past 40 years.

 

Here is a link describing the Freedmen. Many people do not know who they are and/or how they fit into Black and Native American history. This is a good informational site. http://digital.library.okstate.edu/encyclopedia/entries/F/FR016.html

 

 

Sponsored by: Black Law Student Association, Campus Recreation, Native American Law Student Association, and the Office of Multicultural Affairs

 

 

 

Laura Allen

Program Advisor for Multicultural Student Programs

The University of Tulsa

Holmes Student Center, Room 51

800 S Tucker Dr

Tulsa, OK 74104

(918) 631-2966

laura-allen@utulsa.edu

twp