Author: Matthew L.M. Fletcher

National NALSA Announces 2015 Moot Court Winners (UPDATED with pics)

Matthew L.M. Fletcher1 Comment

Here:

On March 6th and 7th of 2015 the National Native American Law Students Association (“NNALSA”) held its Annual Moot Court Competition. The competition was hosted by the James E. Rogers College of Law at the University of Arizona. This year’s competition was the biggest ever! 70 teams participated, and over 100 attorneys from Arizona to Washington D.C. served as brief and oral judges. All of the judges volunteered their own time and many paid their own travel expenses. The James E. Rogers College of Law’s NALSA chapter would like to thank all of the volunteers who helped plan and host this memorable competition.

 

This year’s winners include:

 

1st Place Best Overall Advocate: Team 181 of William Mitchell, Joshua Peterson and Scott Jurchisin

2nd Place Best Overall Advocate: Team 54 of University of Kansas, Corey Adams and Maureen Orth

3rd Place Best Overall Advocate: Team 92 of Seattle University, Drew Pollom and Jocelyn McCurtain

 

1st Place Best Brief: Team 181 of William Mitchell, Joshua Peterson and Scott Jurchisin

2nd Place Best Brief: Team 28 of Columbia, Jacob Wolf and Andrew Sangster

3rd Place Best Brief: Team 126 of Michigan State, Stephen Raslich and Amy Foerster 

 

1st Place Best Spoken Advocate: Team 120 of Univ. of Hawaii, Jordan Inafuki

2nd Place Best Spoken Advocate: Team 73 of Univ. of Nevada, Las Vegas, Kostan R. Lathouris

3rd Place Best Spoken Advocate: Team 120 of Univ. of Hawaii, Dylan Taschner

 

This was the second year that William Mitchell took “Best Brief” and “Best Overall Advocate.” Sarah Deer, who received one of the McArthur Genius awards this year, helped coach William Mitchell’s winning team. Colette Routel of William Mitchell helped coach the winning team as well. 

Congratulations to the winners of this year’s competition! 

 

Sincerely,

 

NNALSA

UPDATE with Pics:

1st Place Best Overall Advocate
1st Place Best Overall Advocate

1st Place Best Spoken Advocate
1st Place Best Spoken Advocate
2nd Place Best Brief
2nd Place Best Brief
2nd Place Best Overall Advocate
2nd Place Best Overall Advocate
3rd Place Best Brief
3rd Place Best Brief
3rd Place Best Overall Advocate
3rd Place Best Overall Advocate
3rd Place Best Spoken Advocate
3rd Place Best Spoken Advocate
4th Place Honorable Mention
4th Place Honorable Mention
Hawaii
Hawaii
NNALSA Board
NNALSA Board
PLSI
PLSI

 

CashCall v Inetianbor is SCOTUSBlog Petition of the Day

Matthew L.M. Fletcher

Here.

Materials here.

Indigenous Studies Panelists at Responsibility 2015 (Armenian Genocide)

Matthew L.M. Fletcher

Andrea Smith



My co-panelists Janna Thompson and Jermaine McAlpin



Michigan Indian Education Critical Issues Conference

Matthew L.M. Fletcher

Frank and Rochelle Ettawageshik



The “Indigi-Sisters”, including Eva Petoskey, Linda Woods, and Arlene Kashata



Owen and Emmett advertising for their mom and dad’s talks



Alaska SCT Vacates Restrictive Visitation Schedule Involving Fort Peck Father

Matthew L.M. Fletcher

Here is the opinion in Red Elk v. McBride.

An excerpt:

Two parents disputed the legal custody and visitation rights for their
daughter; the mother resides in Homer and the father resides on the Fort Peck Indian
Reservation in Montana. The superior court awarded sole legal custody to the mother
because it concluded that the parties could not communicate effectively to co-parent their
daughter. The court ordered unsupervised visitation between the father and the daughter
in Alaska, but prohibited visitation on the reservation until the daughter turned eight.  Although the superior court did not abuse its discretion when it decided legal custody,
it failed to fully justify its decision when creating its restrictive visitation schedule and
allocating visitation expenses. Consequently we remand for further proceedings
consistent with this opinion.


 The two Fort Peck Court of Appeals opinions referenced in the Alaska opinion are here and here.

Evelyn Stevenson Walks On — Original Proponent of ICWA

Matthew L.M. Fletcher1 Comment

Evelyn Stevenson, longtime tribal attorney, advocate and original proponent of the Indian Child Welfare Act, passed away on March 12, 2015 at 9:11am in Ronan, Montana on the Flathead Indian Reservation.  Evelyn was a member of the Confederated Salish and Kootenai Tribes and was the second tribal member, and first tribal member woman, to become a licensed attorney.

A wake will begin at noon on Sunday, March 15, 2015 in the Elmo Community Hall in Elmo, Montana (phone number: 406.849.5505).  A rosary will begin at 8:00pm that evening.  The funeral will be held at the Elmo Community Hall on Monday, March 16th at 11:00am, followed by burial at the Ronan Cemetery.

Details on here career here.

Oklahoma Appellate Court Finds Apache Tribe Waived Immunity in Suit to Collect Arbitration Award

Matthew L.M. Fletcher

Here is the opinion in Wells Fargo Band NA v. Apache Tribe of Oklahoma:

Opinion

An excerpt:

This case arises from Wells Fargo Bank’s efforts to collect the balance of a $4,365,000 loan to the Apache Tribe of Oklahoma. The Tribe appeals various rulings of the district court in these consolidated appeals.1 Principally, the Tribe challenges the district court’s Judgment confirming an arbitration award in favor of the Bank, arguing it did not waive sovereign immunity or consent to be sued in Oklahoma district court. We find that there was a valid and express waiver of the Tribe’s sovereign immunity, that the Tribe’s agreement to arbitrate this dispute with the Bank is enforceable and that the arbitrator did not exceed his authority in awarding the Bank the unpaid balance of its loan. Therefore, the district court’s Judgment confirming that portion of the arbitration award is affirmed as are the subsequent orders issued in aid of the Bank’s effort to collect its Judgment

Bishop Paiute Tribes Sues Inyo County for Prosecuting Tribal Police Officer

Matthew L.M. Fletcher2 Comments

Here is the complaint in Bishop Paiute Tribe v. Inyo County (E.D. Cal.):

1 Complaint

An excerpt:

This action is for declaratory and injunctive relief by the Bishop Paiute Tribe (“Tribe”), a federally recognized Indian Tribe, against Inyo County, the Inyo County’s Sheriff and District Attorney, for the arrest and prosecution of a Bishop tribal law enforcement officer for performing his duties on the Tribe’s Reservation. The Tribe seeks an order declaring that Defendants are interfering with the Tribe’s inherent sovereign authority to take action, defined by federal law, against non-Indians perpetrators on tribal lands. Federal law establishes that tribes have inherent authority over non-Indians on tribal lands to stop, restrain, detain, investigate violations of tribal, state and federal laws, and deliver or transport the non-Indian to the proper authorities. Duro v. Reina, 495 U.S. 676 (1990), Ortiz-Barraza v. United States, 512 F. 2d 1176 (9 th Cir. 1975). Defendants have arrested, and criminally charged, Daniel Johnson, a duly authorized Bishop tribal law enforcement officer, while he was executing federal prescribed police duties against a non-Indian, on the Tribe’s Federal Reservation. 

News coverage here.

Former Picayune Rancheria Council Member Sues Interior Secretary over Removal from Council

Matthew L.M. Fletcher

Here is the complaint in Hammond v. Jewell (E.D. Cal.):

1 Complaint

Reposting for Nottawaseppi Huron Band Potawatomi Associate Judge

Matthew L.M. Fletcher

POSTING FOR THE

ASSOCIATE JUDGE OF THE NOTTAWASEPPI HURON BAND OF THE POTAWATOMI TRIBAL COURT

 

SUMMARY:

The Nottawaseppi Huron Band of the Potawatomi seeks an Associate Judge of the Tribal Court to be appointed for an initial term of two (2) years.  This is a part-time position (estimated 25 hours per month) and will be compensated on an hourly basis.

 

The NHBP Constitution requires that the Chief Judge, Supreme Court Justices and Associate Judges must: have attained the age of thirty (30); be a licensed attorney in good standing; cannot be a Member of Tribal Council or running for a Tribal Council position or a Tribal employee; and never been convicted of, or entered a plea of guilty or no contest to, a violent crime, felony, or a crime of fraud.  Candidates must have experience in the practice of Indian law, whether in tribal, state or federal court(s).  Judicial experience and 5 or more years experience as a licensed attorney and/or judge is preferred.

 

Applicants must submit a letter of interest, resume/curriculum vitae and complete the Affirmation(s) that the applicant meets the requirements for appointment under NHBP Constitution.  Documents must be submitted to the Legal Department no later than 5:00 P.M. on March 18, 2015.  Applications may be submitted via mail or e-mail to: William Brooks, NHBP Chief Legal Counsel at: 1485 Mno-Bmadzewen Way, Fulton, MI 49052 or bbrooks@nhbpi.com.  Applicants will also be required to submit to a background investigation and drug screen before confirmation of appointment.

 

For more information, including copy of the Affirmation form(s) to be completed as part of the application process, please visit the NHBP Legal Department website at: http://nhbpi.com/support/legal/