Author: Kate Fort

Cheyenne River Sioux Tribe v. Honorable Jeff W. Davis: ICWA Case

Kate Fort5 Comments

Decision here.

The Cheyenne River Sioux Tribe filed a writ of mandamus to the South Dakota Supreme Court, trying to stop the practice of the lower courts using 25 USC 1922 to justify ignoring ICWA’s requirements for weeks after a removal of a child. The Supreme Court dismissed the writ.

In this case, the original removal was on July 6. At a hearing on July 23, the judge stated that the hearing was a “continuation of the emergency hearing, and that ICWA placement preferences were not yet applicable.” The Supreme Court upheld this decision, and the inapplicability of ICWA to emergency or temporary custody proceedings.
After the court justified ignoring the plain language of the section (applying it to all Indian children, and ignoring the “imminent physical damage or harm” requirement of a 1922 action), the court went on to state:

Tribe also asserts a violation of state law in the temporary custody hearing based upon an alleged lack of evidence of a need for temporary custody as required by SDCL 26-7A-18. Tribe ignores, however, that the temporary custody hearing proceeded on the State’s petition for temporary custody and the accompanying police report and ICWA affidavit from a DSS specialist . . . While these documents might not constitute evidence within the normal bounds of the Rules of Evidence, those rules are not applicable at a temporary custody hearing.

It would be interesting to know what rules do apply to temporary custody hearings in South Dakota.

Erdrich’s The Round House is a National Book Award Finalist

Kate Fort

Louise Erdrich’s latest book, The Round House, is a National Book Award finalist. Here.

Her NPR interview is here.

A Resurgance of the Stanford “Indian” Mascot

Kate Fort1 Comment

By Adrienne K., here.

Disheartening.

To us this post echos the recent decision by EMU to reinstate their mascot. It shows the pernicious after-effects (40 YEARS after Stanford changed their mascot, this is the result) of Indian mascots. This is the kind of thing that leads to the backwards changes in official mascot decisions.

Federal Release on Fort Berthold Land into Trust Application/Development of Oil Refinery

Kate Fort

Here.

As part of the Obama Administration’s all-of-the-above energy strategy to expand domestic energy production, Secretary of the Interior Ken Salazar today announced approval of a ‘land-into-trust’ application from the Three Affiliated Tribes of the Fort Berthold Reservation. Today’s action is one in a series of necessary approvals that will enable the tribes to build the first U.S. refinery in decades, supporting American made energy – including domestic resources from the Bakken Formation – while also creating jobs.
“Today’s historic decision is another step forward in the Obama Administration’s all-of-the- above energy strategy and commitment to strengthen Tribal communities and generate jobs for rural America,” Salazar said. “By working with the Mandan, Hidatsa and Arikara people to place this land into trust status, we are supporting infrastructure that will help bring American oil and gas to market while promoting Tribal economic development and self-determination regarding land and resource use.”

Louise Erdrich on NPR’s All Things Considered

Kate Fort1 Comment

A particularly timely interview of Louise Erdich on her new book, The Round House, given Prof. Carlson’s talk at our symposium this afternoon.

Here.

On the difficulties of finding justice on Native American reservations

“There are several kinds of land on reservations. And all of these pieces of land have different entities who are in charge of enforcing laws on this land. So in this case, Geraldine Coutts does not know where her attacker raped her. She didn’t see, she doesn’t know. So in her case, it is very, very difficult to find justice because there’s no clear entity who is in charge of seeking justice for her …

“So in writing the book, the question was: If a tribal judge — someone who has spent his life in the law — cannot find justice for the woman he loves, where is justice? And the book is also about the legacy of generations of injustice, and what comes of that. Because, of course, what comes of that is an individual needs to seek justice in their own way when they can’t find justice through the system. And that brings chaos.”

MSU Law Review Symposium on Prof. Singel’s Paper, Today and Tomorrow

Kate Fort

The 2012 Michigan State Law Review Symposium on Wenona Singel’s “Indian Tribes and Human Rights Accountability” runs today and tomorrow.

Schedule and other information here.

Stop by and hear some of the amazing speakers.

NCAI Statement on Warren/Brown Election

Kate Fort1 Comment

Here.

The video footage of Senator Brown’s staff engaged in ‘war whooping’ and ‘tomahawk chopping’ is not only offensive and demeaning to Native Americans it is also demoralizing to citizens across the country. It’s concerning that experienced staff members of a United States Senator would act this way; Senator Brown should take corrective action immediately. These actions belittle the democratic process and are emblematic of an irresponsible public discourse on race and Native identity by misinformed individuals and the media.

Elizabeth Warren also bears responsibility for allowing the public discourse about Native identity to become misrepresented. She has every right to be proud of her family, however her campaign failed to educate a non-Native media and the public unfamiliar with federal tribal enrollment rules or about historic federal policies that make proving Native ancestry very difficult for some people. Finally, Warren’s campaign did not respond to requests for interviews from Native media organizations. All of these actions could have gone a long way to reducing tension and increasing awareness.

ILPC & MSU Law Review Symposium on Prof. Singel’s “Indian Tribes and Human Rights Accountability”

Kate Fort1 Comment

There is a stellar lineup of speakers for this event, running October 4-5 at the Henry Center on MSU’s campus. All details are here. Register here!

Tentative Symposium Schedule (All events to take place at the MSU Henry Center)

Continue reading →

Paul Frank Fashion’s Night Out Event and Response

Kate Fort

This news is a little old, but we feel compelled to point out the story Adrienne K. at the excellent Native Appropriations blog has been covering this month.

In case you missed it, the Paul Frank company hosted a “Native” themed event for the very popular Fashion’s Night Out, which happens in New York City to kick off N.Y. Fashion Week, a massive event. The company is probably most recognized by their sock monkey icon, which decorates, well, everything sold at Target these days. Sadly, they used the same little monkey in their event, putting him on t-shirts in a headdress. The whole thing was just so bad, Native Appropriations titled its original post “Paul Frank Offends Every Native Person on the Planet,” which was cross posted at Racialicious. It was also picked up by Jezebel and ThinkProgress.

If that’s where you stopped following the issue, though, check out how the company responded. If they stand by what they promised Adrienne, this is truly an impressive chance for change in an industry plagued with an absolute deaf ear when it comes to the appropriation of American Indian culture.

Job Posting: Criminal Division AUSA Position in Marquette, MI Office

Kate Fort
CRIMINAL DIVISION ASSISTANT UNITED STATES ATTORNEY
UNITED STATES ATTORNEY’S OFFICE
Western District of Michigan
Responsibilities and Opportunity Offered: The district is soliciting applications for a Criminal Division Assistant U.S. Attorney (AUSA) position in the Marquette, Michigan office, to join two other Criminal AUSAs already stationed there. Criminal Division assignments in this office cover the full range of federal offenses, including the prosecution of economic and violent crime in Indian Country. Although this position will handle a variety of matters arising from a variety of contexts, the AUSA can expect to have substantial responsibility in the handling of crimes occurring on property owned by, or held in trust for, Native American Tribes. Criminal Division AUSAs are also responsible for substantial legal research and writing, both at the trial and appellate levels. This particular position may require occasional civil litigation work.
Qualifications: Required Qualifications: Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), and have at least one full year of post-J.D. experience. Preferred Qualifications: Applicants should have a history of outstanding academic and professional achievement for their years of experience and possess superior oral and written communication skills, as well as strong interpersonal skills and good judgment.
About the Office: The Western District of Michigan includes the western half of the Lower Peninsula of Michigan and all of the Upper Peninsula, a total of more than 35,000 square miles with a population in excess of three million. The district has 37 AUSAs, most of whom are located in the Grand Rapids office. With the filling of this posted position, there will be three attorneys in the Marquette branch office and two support personnel. In addition to the branch office in Marquette, the district also maintains a staffed branch office in Lansing, the State Capital. The district includes 11 federally-recognized Indian Tribes, which is the largest Native American population in a district east of the Mississippi River. Five of those Tribes are in the Upper Peninsula.
Travel: Substantial travel within the Upper Peninsula of Michigan will be required. Limited travel outside the district is likely.
Salary Information: AUSA pay is administratively determined based, in part, on the number of years of professional attorney experience. The current range of pay is $50,894 to $134,702, including locality pay.
Location: Marquette, Michigan. There will be an initial six to nine months of training and mentoring in the Grand Rapids office prior to assignment in Marquette.
Relocation Expenses: Relocation expenses will not be authorized.
Application Process: Send a cover letter, resume, completed questionnaire (see attachment) and writing sample (such as an appellate brief, substantive district court brief or memorandum of points and authorities). The writing sample should reflect your own work and not exceed a total of 25 pages.

The application package should be mailed to:

Ellie Drumm, Human Resources Officer
United States Attorney’s Office
P.O. Box 208
Grand Rapids, Michigan 49501-0208

An application package may be submitted by email to USAMIW.personnel@usdoj.gov. Please scan all materials into one .pdf file.