Matthew L.M. Fletcher

Jim Keedy Walks On

February 4, 2022Matthew L.M. Fletcher

Jim Keedy testifying before the Senate Indian Affairs Committee in 2007.

Traverse City Record-Eagle notice here. From the statement issued by Michigan Indian Legal Services:

Jim Keedy was living proof of how fine a person can be. He was an excellent boss to the people and programs in his charge and a devoted husband to his wife, Cathy. He was also a good friend to many and a great colleague. The character of his life might be summed up in a few words: sincere, earnest, loyal.

Jim was a long-time poverty law attorney and was dedicated to the ideal of accessible legal aid, developing extensive outreach programs for Native rural communities in remote areas. He was also passionate about the importance of children being able to remain in their families and was an early champion for parents under the Indian Child Welfare Act and the Michigan Indian Family Preservation Act. Under Jim’s leadership, MILS provided assistance to 5 tribes obtaining federal recognition – the government-to-government relationship that allows for tribes to be able to successfully provide for their communities. He also believed in responsible government and was a champion for the individuals facing the weight of the system on them in tribal court cases. We will long remember Jim’s tenacity, and ability to meet difficult challenges.

Jim was a brilliant and visionary leader who achieved recognition for his work in the underserved Native American communities. Jim was the proud recipient of State Bar of Michigan American Indian Law Section’s Tecuseh Peacekeeping Award in 2004; the State Court Administrative Office (SCAO) Foster Care Review Board’s Parent Attorney of the Year in 2018; the National Legal Aid and Defender Association’s Pierce-Hickerson Award also in 2018; and the Michigan State Bar Foundation’s Access to Justice Award in 2020.

As Executive Director at Michigan Indian Legal Services for over 30 years, Jim led his staff in such a way that he exemplified leadership. He gave inspiration to his team and others he worked with. The Jim we remember was always courteous, kind, and generous. He had a beautiful smile, a sense of humor, and a gentle demeanor.

Jim was a genuinely wonderful individual—one we will miss greatly. As an attorney, Jim worked with passion, integrity, and honor. By his death, all the people who knew him will miss a brilliant individual with a rare friendliness and charm of personality. Our sorrow is slightly lessened with the comforting thought that we had the privilege of knowing him.

Baa Maa Pii, Jim.

Jim was a well-known figure in Michigan Indian country. I first became aware of him when he worked on the federal recognition for the Pokagon Band of Potawatomi Indians. He testified before Congress in 1993 and 1994 in support:

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Wisconsin COA Briefs in Constitutional Challenge to PL280 Prosecution

February 4, 2022Matthew L.M. Fletcher

Here are the briefs in State v. House (Wis. Ct. App.):

Appellant Brief

Respondent Brief

Coyote Band of Pomo Indians Brings Suit in Federal Court to Stop State Court Jurisdiction in Favor of Tribal Court

February 4, 2022March 8, 2022Matthew L.M. Fletcher

Here are the materials so far in Coyote Band of Pomo Indians v. Findleton (Calif. Ct. App.):

9 Motion for Preliminary Injunction

26 First Amended Complaint

27 Motion for TRO

Update (3/8/2022):

41 Bank Opposition to Motion for PI

42-1 Findleton Motion to Dismiss

43 Findleton Opposition to Motion for PI

44 Findleton Opposition to Motion to Deposit Property

49-1 Bank Motion to Dismiss

51 Judge Opposition

56 Judge Motion to Dismiss

58 Reply

58 Tribe Reply in Support of Motion for PI

59 Tribe Reply in Support of Motion to Deposit Property

California COA Rejects Challenge to Shingle Springs Miwok Leadership

February 4, 2022Matthew L.M. Fletcher

Here are the materials in Caballero v. Cueller (Calif. Ct. App.):

Unpublished Opinion

Appellant Brief

Response Brief

Ninth Circuit Draws Line between Assault and Kidnaping [D.V. Case on Navajoland]

February 3, 2022Matthew L.M. Fletcher

Here the opinion in United States v. Jackson.

Briefs:

Opening Brief

US Brief

Caballero v. United States Cert Petition

February 2, 2022Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

Whether the Trial Court and the Court of Appeals committed prejudicial error in barring/blocking a Native American tribe from pursuing in rem / quiet title remedies on lands promised and granted to them by the USA from that tribe, but stolen by another tribe based on lack of subject matter jurisdiction due to the non-justiciable political question doctrine.

Whether or not, the Court committed prejudicial error by blocking a native American tribe from pursuing an in rem/quiet title/stolen tribal lands case, on the basis of USA sovereign immunity tribal sovereign immunity.
Whether the waiver by the United States of America of its sovereign immunity over quiet title claims
impermissibly discriminates in violation of the Equal Protection Clause of the 14th Amendment against Native American tribes having quiet title claims that are barred by the Native American lands express exceptions set forth in 28 USC section 2409a.
Whether the Trial Court and the Court of Appeals committed prejudicial air in barring/blocking the
Indian tribes pursuit of Land title claims constitutes an impermissible denial of the right to access to
courts as guaranteed by the First Amendment right to petition the court government for redress of grievances.

Lower court materials here.