Author: Kate Fort

Supreme Court Justices Really Are That Similar

Kate Fort

From SCOTUSblog:

The current members of the Supreme Court have remarkably similar backgrounds — they all attended either Harvard or Yale Law Schools, and have spent most of their careers in the cloistered setting of academia or appellate litigation. Although many have noted, and criticized, this lack of diversity, until now no one had compared the background of the current Justices with their predecessors. A new article by Professor Benjamin Barton does just that, confirming the perception that recent appointees lack the range of life experiences that characterized previous Courts. After canvassing an impressive amount of biographical data from the very first Chief Justice, John Jay, up to the most recent appointee, Justice Elena Kagan, Barton concludes that “the Roberts Court Justices have spent more pre-appointment time in legal academia, appellate judging, and living in Washington, D.C. than any previous Supreme Court. They also spent the most time in elite undergraduate and law school settings. Time spent in these pursuits has naturally meant less time elsewhere: The Roberts Court Justices spent less time in the private practice of law, in trial judging, and as elected politicians than any previous Court.”

The article is here.

Information on the Tribal Court Trial Advocacy Program

Kate Fort

From the federal press release:

The result of a collaborative effort by the Bureau of Indian Affairs Office of Justice Services (OJS) and DOJ’s Access to Justice Initiative (AJI), the Tribal Court Trial Advocacy Program is the first national effort by DOI and DOJ to offer trial advocacy training with courses designed specifically for tribal courts and free training to the judges, public defenders and prosecutors who work in them. Training is provided in three topic areas – domestic abuse, illegal narcotics and sexual assault on children and adults – with faculty and instructional materials prepared by experts knowledgeable about tribal court issues. The program is unique because it also has training specifically for public defenders.

A pilot training session on domestic violence held by the OJS and the ATJ in August 2011 in Rapid City, S.D., proved so successful that the OJS and its federal partners provided funding for seven additional sessions. The first of those, which focused on illegal narcotics, was held March 13-15, 2012, in Phoenix, Ariz. Each of the six remaining sessions, to be held through the rest of 2012 and into 2013, will focus on one training topic. The schedule for the coming sessions is:
July 24-26, 2012, Duluth, Minn.
August 14-16, 2012, Durango, Colo.
September 11-13, 2012, Great Falls, Mont.
October 2-4, 2012, Seattle, Wash.
October 23-25, 2012, Chinle, Ariz.
January 15-17, 2013, Albuquerque, N.M.

For more information about the DOI-DOJ Tribal Court Trial Advocacy Program, which training topic will be offered at which site, and how to register for upcoming sessions, contact the BIA’s Indian Police Academy at 575-748-8151.

WSJ Slideshow on the Winnemem Wintu Request for Privacy

Kate Fort

Here.

“It’s kind of like having a skunk in the church,” says Caleen Sisk.

Briefs in 2nd Circuit Onondaga Nation Land Claims Case

Kate Fort

Briefs for the Appellees:

State’s Brief

City of Syracuse and Corporate Appellee’s Brief

Previous coverage and appellant’s brief here.

In re Al-Sadoon, Unpublished Michigan COA ICWA Case

Kate Fort

Here.

Problematic language here:

The lower court did not inquire about the tribal status of respondent or the children as required by MCR 3.965(B)(2). However, the Michigan Supreme Court has held that it “will not reverse an otherwise proper termination absent a showing that a party suffered an actual deprivation of an important right.” In re Osborne, 459 Mich 360, 369 n 10; 589 NW2d 763 (1999). Respondent has not shown that the lower court’s failure to inquire about tribal status in fact deprived her of an important right. Accordingly, any error in the lower court’s failure to inquire about tribal status was harmless.

Problematic for many reasons, but mainly because the Michigan Supreme Court found in May:

Therefore, before a state court can determine whether ICWA applies to the proceedings, the court must first make the critical determination whether the child is an “Indian child.”

In re Morris, *13

1. At the preliminary hearing, the court must inquire about Indian heritage. While MCR 3.965(B)(2) frames the inquiry in terms of actual tribal membership, sufficiently reliable information of virtually any criteria on which membership might be based is adequate to trigger the notice requirement of 25 USC 1912(a). See part IV(A) of the opinion. As we have noted, not all tribes keep written rolls and it is possible for a parent to be unaware that she or he is a member of a tribe. See n 19 of the opinion and accompanying text.

In re Morris, Appendix (emphasis added).

Interior Issues Decisions on Two Gaming Applications

Kate Fort

Here is the press release. The application for the Ione Band of Miwok Indians was approved, while the one for the Scotts Valley Band of Pomo Indians was denied.

Question and Answer with Patricia Millett at SCOTUSblog

Kate Fort

Here.

If you could argue any case in history, what would it be and why?

 Marbury v. Madison, of course.  Just because if women had broken into the Supreme Court bar back then, we’d dominate it by now!

John Borrows and Pam Palmater Interviewed by CBC on the Royals Visit to Canada

Kate Fort

Nice piece–Both Borrows and Pamater have visited MSU to speak and it’s great to see them interviewed by the CBC along with Taiaiake Alfred and Chief Shawn A-in-chut Atleo about Prince Charles’s visit to Canada and his meetings with aboriginal leaders this week.

Borrows: Indigenous peoples are creative, engaged, problem-solving peoples.

They have the desire and ability to meet the most pressing challenges and questions faced by the world today. They have beautiful languages, exquisite art, wise elders, and strong leaders. They have an immensely deep and profound love for our lands and territories.

Through collective experience, indigenous peoples also know the most about Canada’s failings. They live the stories of Canada’s collapse when it comes to the effects of greed, misunderstanding and ignorance related to Canada’s land use.

They have the lowest rates of formal education and income. They have the highest rates of suicide, incarceration, unemployment and poverty.

Our greatest challenge is getting the world to see the relationship between Canada’s generally high standard of living and indigenous peoples’ troubling experiences throughout the country.

KBIC Tribal Attorney Position

Kate Fort

Here.

To serve as general in-house counsel for the Keweenaw Bay Tribal Council.

Provides legal advice and assistance to the Keweenaw Bay Tribal Council, tribal administrators, program and enterprise directors/managers.

Provides counsel and representation on treaty right issues: hunting, fishing, trapping and gathering, taxation, environment, and civil regulations.

Represents Tribal Council in court and before quasi-judicial or administrative agencies. Provides legal counsel and representation on Indian Child Welfare matters.

Maintains and revises the Tribal Code. Drafts, reviews, revises and acts as consultant in regard to tribal legal codes and legislation.

Reviews and assists in revision of personnel manuals, policies and procedures to ensure compliance with tribal and applicable federal laws.

Supervises Legal Department clerical staff, Tribal Prosecutor, and Police Commissioner. Reviews all tribal contracts for legal sufficiency in conjunction with the tribes’ Chief Financial Officer.

Represents the tribe in regard to land acquisition, including fee to trust applications.

Serves on advisory committees relative to economic and financial development, environmental concerns, employee benefits and employment policies. Performs other related duties as assigned by the Tribal President.

Senate Report on S. 676 (Carcieri Fix)

Kate Fort

Senate Report on Carcieri Fix, otherwise known as Senate bill 676:

Here.