Native American Law Blog

Ward Churchill takes case to Colorado Supreme Court

Famously unconfirmed-Indian Ward Churchill, fired for research misconduct, falsifying research, and plagiarism from his professorial job at the University of Colorado, is still trying to get back his cushy, high-paying job at the University.  He's been slam-dunked by every lower court, but he's now taking the case to the Colorado Supremes.

Should be fun to watch.....

See the full story from Catherine Tsai of the Associated Press HERE.

 

twp

The fight over federal recognition for Schaghticoke Tribal Nation continues.....

....and there's an excellent summation of the current situation in the Indian Country Today's online edition found HERE.

 

 

Federal Register - Indian Child Welfare Act; Designated Tribal Agents for Service of Notice

 

The regulations implementing the Indian Child Welfare Act provide that Indian tribes may designate an agent other than the tribal chairman for service of notice of proceedings under the Act. This notice includes the current list of designated tribal agents for service of notice. Click here for full text.

-Carolyn

Federal Register Notice - Assumption of Concurrent Federal

The attached rule proposes to establish the procedures for an Indian tribe
subject to PL 280 to request that the United States accept concurrent
criminal jurisdiction. This was required in Section 221 of the Tribal Law
and Order Act.

Download Federal register changes 2011-12541

-Carolyn

Tribal Law and Order Act Webinar scheduled TOMORROW

WEBINAR EXPLAINING THE AMERICAN INDIAN TRIBAL LAW AND ORDER ACT

WILL BE HOSTED BY THE UNIVERSITY OF TULSA COLLEGE OF LAW AND CONCORD LAW SCHOOL

The “Tribal Law and Order Act” will be the topic of an upcoming webinar jointly hosted by The University of Tulsa College of Law and Concord Law School of Kaplan University. “The Tribal Law and Order Act has profound implications for attorneys and others working in the field of Indian law today,” said Professor Tim Pleasant, who will lead the webinar.  “This webinar will give an overview of the new law and how it will affect the administration of law and order in American tribal courts.  This new law promises to be a real turning point in tribal justice.  The webinar will also be a great opportunity for potential students to become acquainted with the live classroom we’ll use as we begin our new MJIL program.”

The webinar is a feature of a collaborative online Master of Jurisprudence in Indian Law (MJIL) degree program that the University of Tulsa College of Law and Concord Law School will be offered beginning August 2011, and has been granted acquiescence by the American Bar Association. The 30-credit-hour program is for college graduates, particularly those working in tribal governments and businesses, and government agencies, who are interested in learning about Indian law. The program is also for lawyers who wish to gain additional expertise or expand their practices.

DATE:           Tuesday, May 24, 2011

TIME:            8:30pm EST / 7:30pm CST / 6:30 MST / 5:30pm PST

ATTEND:     http://webinar.indianlawmj.com or sign up in advance at http://signup.webinar.indianlawmj.com 

About the TU College of Law

The TU College of Law provides an academically rigorous, yet congenial atmosphere with opportunities for scholarship, leadership, and faculty mentoring. Specialties include energy law and Native American law. J.D. students develop practical skills through participation with student-driven legal journals, award-winning moot court teams, and an on-campus clinic. The Mabee Legal Information Center is recognized as one of the nation’s top university law libraries. The TU College of Law is one of the four colleges of The University of Tulsa, which is ranked among U.S. News and World Report’s Top 100 Universities. The only law school located in Indian Country, the college offers unparalleled resources and opportunities for the study of Indian law. The college is home to the Native American Law Center (NALC), which provides resources for the study and teaching of legal issues concerning Indian tribes and other indigenous peoples worldwide. The college offers an LL.M. in American Indian and Indigenous Law, a unique summer institute on Indian and Indigenous Peoples law held in Geneva, Switzerland, and was the first law school to offer a certificate program in Indian law. To find out more, visit www.utulsa.edu/law .

 

About Concord Law School

Concord Law School of Kaplan University is the nation's premier provider of online law degrees. Since opening its virtual doors in 1998, Concord has helped more than 1,300 graduates obtain their Juris Doctor (JD) or Executive Juris DoctorSM (EJD) degree. Concord is accredited by the Accrediting Commission of the Distance Education and Training Council, a nationally recognized accrediting agency.

 

Concord Law School of Kaplan University is part of Kaplan Higher Education, which serves more than 95,000 students through more than 70 campus-based schools across the United States and abroad. Kaplan Higher Education is part of Kaplan, Inc., a leading international provider of educational and career services for individuals, schools and businesses. Kaplan, Inc. is a subsidiary of The Washington Post Company (NYSE: WPO), and its largest and fastest-growing division. For more information, visit http://info.concordlawschool.edu.

 

Employment opportunities in the field

Picayune Rancheria of the Chukchansi Indians (California) Seeks In-House Counsel. The job announcement can be accessed by clicking here.

Pueblo of Sandia (New Mexico) Seeks Gaming Commission Chairperson. The job announcement can be accessed by clicking here. 

Soboba Band of Luiseno Indians (California) Seeks Grant Writer. The job announcement can be accessed by clicking here. 

Fallon Paiute Shoshone Tribe (Nevada) Seeks Domestic Violence Advocate. The job announcement can be accessed by clicking here. 

Bishop Paiute Tribe (California) Seeks Gaming Commission Director. The job announcement can be accessed by clicking here. 

Fallon Paiute Shoshone Tribe (California) Seeks Youth Advocate. The job announcement can be accessed by clicking here.

Happy hunting!

-Carolyn

If you're going to hold someone in contempt, make sure that, individually, they deserve it...

From the Albuquerque Journal:

Former state District Judge Sam Sanchez of Taos so abused his judicial powers that he can never hold judicial office again, the New Mexico Supreme Court said in its final order in a disciplinary proceeding.

Sanchez resigned last month under an ultimatum from the court to quit or be removed from the bench. He was in trouble for jailing more than 30 people, almost all of them from Taos Pueblo, for contempt of court after an outburst by some of the spectators in his courtroom in November 2009.

The pueblo group, including several elderly people, faced spending at least four nights in jail over a long weekend after their arrest. But on an emergency motion from a public defender after the crowd spent a night behind bars, the Supreme Court ordered them released.

In its final order dated Monday, the Supreme Court said there was “clear and convincing evidence” that Sanchez “intentionally and without any justification in law or fact convicted and jailed without determination of individual guilt or any semblance of providing due process of law a total of 32 courtroom spectators, an unknown fraction of whom had created a brief courtroom disturbance.”

Sanchez “thereby intentionally convicted and jailed indefinitely an unknown number of innocent people” and “knowingly violated the due process rights of all of the jailed spectators.”

The justices said Sanchez “shall never be permitted to hold, became a candidate for, or be permitted to accept appointment to any judicial office in the future.”

***

We note that there was SOMEONE at fault for causing the disturbance in the court, and that someone or someones DID deserve to be held in contempt for so doing.   But there's a right way and a wrong way to do things, especially when you're a judge.

American Indian Law Clinic to host Boarding School Healing Symposium

Representatives from the Boarding School Healing Project, Native American Rights Fund, American Indian Law Clinic at the University of Colorado Law School, and Human Rights Clinic at the University of Wyoming will convene on May 14-15, 2011 in Boulder, Colo. for a “Boarding School Healing Symposium.” ...

"Although an invitation-only event, there will be a showing of the film, “A Century of Genocide” and panel discussion on Saturday, May 14 from 7 p.m. – 8:30 p.m. that is free and open to the public."

For more information on the symposium, please click here.

-Carolyn

More job openings in the field.....

In House Legal Counsel

The Picayune Rancheria of the Chukchansi Indians located in Coarsegold, California. Thirty minutes north of Fresno and a very short drive to beautiful Yosemite National Park, is looking for an In-House Legal Counsel. 

The In-House Legal Counsel provides legal advice on legal issues confronting the Tribal Government or any of the Tribeís entities or departments. In addition, the Tribeís Legal Counsel researches and writes complex legal opinions, prepares drafts of contracts, notices, ordinances, resolutions, and other legal documents. Stay current on the status of all laws, statutes, court decisions or other developments that may affect the Tribe, its government
or any of its entities or departments. Respond to the Tribal Councilís request for legal advice on any issues that may affect its land, government, gaming or any of its entities or departments. Research and recommend the retention of outside legal experts when necessary to address the legal issues that the Tribal Council, the Tribe or any of its entities or departments may face. The
Tribal Legal Counselís obligation is to ensure that the Tribal Council and the Tribe get the best legal advice on any particular legal issues, and must be professional enough to acknowledge his or her shortcomings in any legal field that may require the retention of an outside law firm.

Qualifications: Doctoral Degree (JD); Must be a Member of the California Bar and licensed to practice law in the state of California. It is preferred that the Tribal Attorney have at least 7 to 10 years experience practicing Tribal Law in State and Federal arenas. Must have appropriate litigation experience to be able to evaluate and properly guide the Tribal Council on any litigation
matters. It is preferred the Tribal Attorney have experience in the area of Federal Indian law and Tribal Sovereignty.

Tribal Member Preference Applies

Apply at:
Picayune Rancheria of the Chukchansi Indians
46575 Road 417, Coarsegold, CA 93614
Or call (559) 683-6633 ext.217

Closing Date: June 1

*****

The Nez Perce Tribe is recruiting for: IN-HOUSE STAFF ATTORNEY HR-11-129 full-time regular. Three (3) to five (5) years of experience is desired. This position focuses on litigation, personnel matters, advising on investments and other financial transactions, business contracts and other issues. Membership in any state bar required, with Idaho bar admission within one (1) year. Experience working with Indian tribes is desired. The in-house legal office is composed of five (5) attorneys and three (3) support staff. The position is located at the Nez Perce Tribal Headquarters in Lapwai, Idaho. The Tribe offers excellent benefits and a competitive salary. Salary depends on experience. Contact Julie Kane at (208) 843-7355 with questions about the position. Requires a Valid driverís license with the ability to be insured under the Tribeís policy. A complete application includes: a NPT application and resume to: IN-HOUSE STAFF ATTORNEY HR-11-129, P.O. Box 365, Lapwai, ID 83540, position Open Until Filled. (208) 843-7332 Tribal preference applies. INCOMPLETE APPLICATION PACKETS WILL NOT BE CONSIDERED. www.nezperce.org 

Navajo Family Court Orders deemed not “domestic relations orders” within the meaning of ERISA

You can access an advisory opinion issued by Louis J. Campagna, Chief, Division of Fiduciary Interpretations, Office of Regulations and Interpretations, by clicking here. It concludes that the QDROs issued by the Navajo Nation Family Court do not meet the definition of “domestic relations orders” within the meaning of ERISA.

This is a very serious matter and it raises several issues for my current clients and past clients who received QDROs through Navajo Court. My practice is 80% in Navajo Court. One are this will have a huge impact on are divorce proceedings involving minor children. In the event they have children and the divorce proceeding is the initial custody determination, the parents cannot file in New Mexico State Court under the state's version of the Uniform Child Custody and Jurisdiction Enforcement Act; NM State lacks subject matter jurisdiction because the home state of the children would be the Navajo Nation. They must file with Navajo Court or have Navajo Court decline jurisdiction in favor of NM Court based upon a few limited reasons, which is highly unlikely. Right now, if this stands, it appears that the parties will have to file piecemeal complaints with the two jurisdictions with the Navajo Nation handling everything except the retirement property division or find a way to get the state court to recognize a tribal court QDRO and issues its own QDRO based upon it. QDROs are expesive to begin with.

-Carolyn

Another "save the date" - 10th Annual Women are Sacred Conference

August 9-11, 2011 - Mystic Lake, MN

The 10th Annual Women are Sacred Conference will be a celebration of people, programs, and possibilities.  This year's conference will represent the best.  It will showcase tribal specific best practices, highlight the incredible work that is being done in Native communities across the country, and recognize the amazing women and men that are organizing and educating to end violence against Native women.  This conference recognizes that women are sacred and central to the health and well being of tribal sovereignty and the safety of Native women are directly linked to one another is the philosophical foundation of this conference.

The landmark Violence Against Women Act is 17 years old, it has been 6 years since Native women's advocates and their allies successfully organized for the passage in 2005 of the Safety for Native Women Title included in the Violence Against Women Act, and one year since the Tribal Law and Order Act was signed into law.  Many changes have taken place, not only in our personal lives, but in the lives of our families and communities.  This single, most important conference will focus on those changes and feature the people, the programs and the practices that are leading the way in our work to end violence against Native women.

Once again, Sacred Circle, Mending the Sacred Hoop, Clan Star, the Tribal Law and Policy Institute, and many others will work together to make this conference a huge success.  The 2011 Women are Sacred Conference will continue to provide Native women, advocates, law enforcement, tribal leaders, prosecutors, judges, dispatchers, clerks or court, health care providers, social workers and community members a unique opportunity to gain and exchange information, share struggles and solutions, and nurture a growing network to end violence against Native women.

 

Department of Energy Tribal Summit

THE DEPARTMENT OF ENERGY

Office of Public Affairs

News Media Contact: (202) 586-4940

For Immediate Release: April 26, 2011

Department of Energy Releases Details of Tribal Summit

Event will gather American Indian and Alaska Native Leaders, Obama administration officials, senior Department of Energy officials and members of Congress

WASHINGTON, D.C. – U.S. Department of Energy today released details of the upcoming Tribal Summit with American Indian and Alaska Native Leaders that will be held on May 4-5, 2011, at the Crystal City Gateway Marriott in Arlington, Va. The summit will build on Secretary Chu’s continued commitment to partnering with Native Americans to support the development of clean energy projects on tribal lands that will help reduce energy use, limit carbon pollution, and create new jobs for tribal communities across the country.

“Tribal Nations are well-positioned to take advantage of the benefits of clean energy.  This summit will provide an opportunity for meaningful dialogue between the Department of Energy and Tribal Nations on a broad range of energy and environmental issues,” said Secretary Chu. “Working together we can achieve important goals of President Obama’s National Energy Policy to the benefit of American Indian and Alaska Native Tribes as well as our Nation as a whole.”

Secretary Chu has invited the leadership of all 565 federally recognized tribes, as well as national and regional tribal organizations to attend the summit.  Speakers include Secretary of the Interior Ken Salazar, EPA Administrator Lisa Jackson, White House Deputy Assistant to the President for Energy and Climate Change Heather Zichal and White House Domestic Policy Advisor Kim Teehee.

WHAT: Tribal Summit with American Indian and Alaska Native Leaders

WHEN: Wednesday and Thursday, May 4-5, 2011

WHERE: Crystal City Gateway Marriott in Arlington, Va. and live online here (May 5 only).

Additional information, including a detailed agenda, is available here.

###

-Carolyn

Spring 2011 BIA Tribal Leaders Directory

I was recently forwarded the attached Directory of Tribal Leaders published by the Bureau of Indian Affairs and thought I would pass it along.

Download BIATribalLeadersDirectorySpring2011

-Carolyn

Another "Save the Date" - Environmental Law on Tribal Lands

Environmental Law on Tribal Lands: Preserving and Protecting Resources

June 16-17, 2011

Hilton Buffalo Thunder Casino, Santa Fe, NM

Conference Information, Agendy and Registration info: Download Envirolawconference