Matthew L.M. Fletcher

NCAI/NCJA Webinar — Preparing to Return Home: Tribal and State Reentry Collaborations

April 20, 2015Matthew L.M. Fletcher

From NCAI/NJAI:

April 23, 2015, 3:00–4:30 p.m. ET

Transitioning from incarceration back to a community is often a complex process not only for the returning individual, but also their families and community-at-large. Reentry can be especially difficult for tribal members who wish to return to their tribal communities. Given much of Indian Country is located in geographically remote areas, successful reentry is inherently complicated for those who are subject to state supervision. In such instances, it is critical that the releasing agency and the tribal community work together to leverage community resources in order to meet the basic and behavioral health needs of the person returning.

This webinar, Preparing to Return Home: Tribal-State Reentry Collaborations, will explore two examples of how communities have collaborated to aid in the successful reentry of local tribal members. First, we will highlight recent efforts by the U. S. Attorney from the District of Colorado, the Ute Mountain Ute Tribe and, county agencies to develop strategies for reentry planning and service alignment for tribal members preparing to return home.

Next, we will highlight the Tribal-Parole Pilot Project recently enacted through South Dakota’s Public Safety Improvement Act (PSIA). This pilot project establishes a partnership between the South Dakota Department of Corrections (DOC), the Department of Tribal Relations, and the Sisseton Wahpeton Oyate tribe. Through this initiative, the State provides training and funding for a tribal parole agent to supervise parolees on the reservation. A tribal wellness team works with the agent and parolee in accessing services, providing appropriate supervision and support, and responding to violations.

This will be an interactive session with opportunities for participants to discuss and ask questions. Register here.

Presenters:

Peter Ortego, General Counsel, Ute Mountain Ute Tribe

John Walsh, United States Attorney, District of Colorado

Ed Ligtenberg, Director of Parole, South Dakota Department of Corrections

Bradley Lewandowski, North East Supervisor, Parole Field Services, South Dakota DOC

Joan L. White, Director, Sex Offender Registry, Sisseton-Wahpeton Oyate

Moderator:

Kimberly Cobb, Project Director, American Probation and Parole Association

Conference of Western Attorneys General Marijuana in Indian Country Webinar

April 20, 2015Matthew L.M. Fletcher

From CWAG:

Join CWAG and South Dakota Attorney General Marty Jackley, U.S. Attorney John Walsh, Suquamish Tribal General Counsel Rion Ramirez and Nebraska Assistant Attorney General Justin Lavene to discuss the Policy and legal implications of the recent USDOJ memo regarding the enforcement of federal marijuana laws in Indian Country. State, Tribal and Federal officials will address topics such as recommendations the federal government might make to tribes prior to implementing a medical or recreational marijuana program. This panel will also discuss how to address the potential conflicts between tribes and states with differing marijuana policies.

Event Details:

Tuesday April 21, 2015

11:00am Eastern Daylight Time

This webinar is brought to you by West LegalEdcenter for CLE credit.

Pricing:

CWAG Members: $99.00

General Attendance: $195.00

Register Here!

Ninth Circuit Briefs in Challenge to Interior Withdrawal of Grand Canyon Lands from Uranium Mining

April 20, 2015September 4, 2015Matthew L.M. Fletcher1 Comment

Here are the opening briefs in National Mining Assn. v. Jewell:

16 – Open Brief – no Addendum (Quaterra)

18 – Open Brief & Addendum (NMA)

20 – Open Brief (AEMA)

29 – Utah, AZ, NV, MT – Amicus in Favor of Reversal

Yount 9th Circuit Informal Appeal

US Brief

Tribal Amicus

Navajo Amicus

Intervenors Response Brief

Lower court order here; briefs here. Other materials here.

Ann Tweedy on Tribal Gun Regulation

April 20, 2015Matthew L.M. Fletcher

Ann Tweedy has published “Indian Tribes and Gun Regulation: Should Tribes Exercise Their Sovereign Rights to Enact Gun Bans or Stand-Your Ground Laws?” (SSRN) in the Albany Law Review.

Abstract:

This essay examines tribal laws relating to guns. It then discusses whether tribes whose values accord with either gun bans or stand-your-ground laws would be well-served to enact such laws. It concludes that enforcement difficulties and related problems make both types of laws very costly and that tribes are likely to be best served by enacting more modest firearm regulations and/or protecting the right to bear arms (without expanding the right to self-defense). The essay also concludes that the risks tribes face in the area of firearms regulation in particular contravene Congress’ intent in enacting the Indian Civil Rights Act.

Updated Pascua Yaqui Tribe VAWA Training Materials

April 20, 2015Matthew L.M. Fletcher

Here (PYT VAWA Trial Advocacy Training Packet_updated 2015-04-17):

Submit your registration today!

Join us for the first ever VAWA Trial Advocacy Training in Tucson, Arizona at the Casino del Sol Conference Center & Resort on the Pascua Yaqui Reservation from May 5-7, 2015. The Pascua Yaqui Tribe hosts this event in collaboration with the Bureau of Indian Affairs.

The Training will focus on three tracks: prosecutor, defense attorney, and judicial. The Association of Prosecuting Attorneys, the Center for Court Innovation, and local judges will provide substantive trial training specific to VAWA prosecutions, including training on jurisdictional considerations, witness recantation, and evidence considerations. Practical training skills and application of learned skills will take place at the Pascua Yaqui Tribal Court.

All are welcome to register for the May 5th General VAWA Session where the Pascua Yaqui Criminal Justice System will share the Lessons Learned in its first year of exercising Special Domestic Violence Criminal Jurisdiction. The general session will also host general VAWA specific training on Criminal Jurisdiction, Evidence, and Ethics by Cohen-handbook contributor Melissa Tatum, renowned evidence & trial litigation expert and best-selling author Thomas Mauet, and Jim Diamond, respectively.

The substantive trial skills training days on May 6-7th will be limited and selected on a first-come, first-serve basis. The PYT Office of the Prosecutor will contact approved participants.