This is the third day of hearings. Proceedings are still under a gag order.
Author: Kate Fort
Latest from Tulsa World on Baby Girl Case
Citizen Potawatomi Nation v. Dinwiddie Dept. of Social Services
In an unpublished ICWA case, the Virginia Court of Appeals found that an order denying transfer to tribal court is not a final order and therefore the Nation could not appeal the decision. Footnote 6 points out that the court believes an order to transfer to tribal court is a final order and therefore could be appealed.
Decision here.
NPR: Sequestration and Mental Health in Indian Country
Job Posting: Tribal Government/Corporate Affairs Associate Attorney for Fredericks Peebles & Morgan
Here. (pdf)
We are seeking an experienced Associate Attorney with 2-4 years of business and transactional experience, with a tribal and federal Indian law background, for our Omaha, Nebraska office.
Minimum Qualifications include:
• Juris Doctorate degree from an ABA accredited law school
• Status as an active member in good standing of the bar in at least one state jurisdiction and willing to obtain
licensure in Nebraska
• Experience working with Indian tribes or tribal entities on a wide variety of legal issues strongly preferred.
• Excellent analytical, research, and writing abilities
• Ability to work well independently and as a team in a fast paced environment
• Proven skills in effectively communicating with tribal clients, opposing co-counsel, and federal/state/tribal agency representatives
Tulsa World Continues its Generally Excellent Coverage of Baby Girl Case
Q&A from Sunday here. Particularly useful is the timeline and list of current court cases.
Law Article Comparing Indigenous Rights in the U.S. and Canada
Here. (pdf) Published in the McGill Law Journal.
By former ILPC Fellow and current VA Tribal Government Relations Specialist (and sometimes Canadian correspondent to Turtle Talk), Peter Vicaire.
Latest on Baby Girl Case, with Detailed List of All Oklahoma Courts Involved
Here. Updated with Cherokee Nation press release on the extradition order signed for Dusten Brown by Governor Fallin yesterday evening.
Where the Baby Veronica case has been:
1. Nowata County Courthouse: South Carolina’s court order to transfer custody had to be “domesticated” by an Oklahoma court, making it enforceable here. The case went to Nowata because Brown and Veronica live there.
2. Cherokee County Courthouse: With Veronica staying with her grandparents on Cherokee Nation trust land in Tahlequah, the Capobiancos filed a “writ of habeas corpus” to have Brown and his family brought to court. They hoped to get an order to transfer custody immediately, but instead agreed to enter mediation.
3. Sequoyah County Courthouse: Facing a felony warrant for custodial interference in South Carolina, Brown surrendered himself to authorities in Sequoyah County, apparently because a judge was on duty there to handle the bond arrangements. He faces an extradition hearing next week.
4. Cherokee Nation Courthouse: Before leaving the state for National Guard duties in July, Brown asked a tribal court to grant guardianship of Veronica to her stepmother and paternal grandparents. The Cherokee Nation has asserted jurisdiction because Brown and Veronica are members of the tribe.
5. Oklahoma Supreme Court: Brown and the Cherokee Nation are appealing the Nowata judge’s decision to send Veronica back to South Carolina without a best interest hearing.
6. Muskogee County Courthouse: For reasons not made public, the judge in Cherokee County removed herself from the case. And it was apparently reassigned to a judge in Muskogee.
State’s Brief in Opposition to Onondaga Cert Petition
NPR’s Morning Edition on KYAY
Here.
In eastern Arizona, there’s a tiny, 1900 watt radio station that’s marking its first year on the air. KYAY is licensed to and owned by the San Carlos Apache Tribe. For many of the isolated reservation’s 13,000 or so residents, it’s the outlet for community information, news and a lot of entertainment.
And because there is a reference to Northern Cree in the story, we feel the need to link to this particular Northern Cree audition:
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