Hoopa Tribal Leaders Letter re: S. 2379

The Hoopa Valley Tribe is seeking letters from Michigan tribes to Sen. Stabenow and to the Chairs of SCIA and SENR regarding a bill that would abrogate tribal water rights.

The letters should go to the Senators of the state of the tribe sending the letter. The reference to Sen. Stabenow is for Michganders.

Here are the materials:

Reply-S2379-062314

Tribal leaders letter re Klamath Legislation061714

Tribal leaders template3

VirgilMastenStatementw_Attachments_061614

New Mexico Court of Appeals Affirms Conviction of Non-Indian Arrested by Tribal Police

Here is the opinion in State v. Sanchez (N.M. App.).

An excerpt:

Defendant Ronald Sanchez was arrested by a Tesuque Pueblo police officer on property of the Tesuque Pueblo and charged in Santa Fe County Magistrate Court with aggravated driving while under the influence of intoxicating liquor or drugs (DWI), first offense, contrary to NMSA 1978, Section 66–8–102 (2010). The officer was cross-commissioned as a Santa Fe County special deputy sheriff. His salary was paid by the Tesuque Pueblo Police Department, and it included incremental pay financed from a grant to assist the department in targeting the motoring public. On appeal to the district court, Defendant was again convicted. He appeals his conviction to this Court, contending that the district court (1) erred in denying his motion to suppress by holding that the tribal officer who conducted the arrest was properly cross-commissioned and had authority to arrest Defendant under the Motor Vehicle Code; and (2) erred in denying Defendant’s defense, pursuant to NMSA 1978, Section 66–8–137(B) (1978), and holding that the tribal officer did not have financial incentive motivating his arrest of Defendant. We hold that (1) the tribal officer was properly cross-commissioned and could properly arrest Defendant while wearing the uniform of and receiving his salary from the Tesuque Pueblo Police Department, and (2) the tribal officer’s receipt of pay from a grant and his obligation under the grant to make monthly statistical reports did not give rise to a defense under Section 66–8–137(B). We affirm Defendant’s conviction.

Tribal Jurisdiction Matter Remanded to State Court Because Tribe Waited Too Long to Remove to Federal Court

Here are materials in Harvey v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah):

2-1 Amended State Court Complaint

4 Ute Tribe Motion to Dismiss

15 Plaintiffs Motion to Remand

21 Tribe Opposition to Motion for Remand

28 Plaintiffs Reply

38 DCT Order Granting Remand Motion

California Trial Court Rules Against North Fork Rancheria in Casino Referendum Matter

Here is the order in Stand Up for California! v. State of California:

Ruling on Demurrers

Prior post here.

Eighth Circuit Briefs in Smith v. Parker — Formerly a Tribal Court Jurisdiction Matter, Now a Reservation Boundaries Matter

Here:

Nebraska Opening Brief

Tribe Brief

US Brief

Nebraska Reply Brief

Lower court materials and links to prior iterations of this case here.

Washington Counties Refunding Tax Dollars in accordance with Ninth Circuit’s Chehalis Ruling

Here is “County refunding $5 million in taxes to building owners on tribal land.“

News Article on Original Indian Lands underlying Three Professional Sports Teams

Slate has published “This Land Is Their Land
: The Braves, Chiefs, and Washington NFL team all play on land seized from American Indians.
”

Update in South Dakota ICWA Class Action — Is Judge Davis Concealing Evidence?

Here are new pleadings in Oglala Sioux Tribe v. Van Hunnik (D.S.D.):

99 Judge Davis Response

100 Oglala Sioux Tribe Reply Brief

An excerpt:

Plaintiffs possess a document that strongly suggests that Judge Davis is concealing information prejudicial to his case. If Plaintiffs are correct, then the Court will need to determine whether that document and the brief that Plaintiffs are filing under seal should be unsealed, whether any sanctions against Judge Davis are warranted, and whether Judge Davis should be ordered to disclose any other incriminating evidence that he may be concealing. For now, Plaintiffs will respond to Judge Davis’s brief as if the injurious evidence that Plaintiffs have in their possession does not exist and will await the Court’s ruling on that matter.

101 Oglala Sioux Tribe Motion To File Under Seal

OST’s second motion to compel is here.

 

Federal Court Issues Stipulated Injunction in California v. Paskenta Band

Here:

30 DCT Order Granting Injunction

An excerpt:

On July 7, 2014, the court was prepared to hear arguments regarding the entry of a preliminary injunction and whether the court should enter a broader injunction than  requested by plaintiff with respect to class III gaming activity on Indian lands of the Paskenta Band of Nomlaki Indians. At the beginning of the hearing, the parties informed the court they had reached a stipulation to entry of a preliminary injunction in substantially the same form as the temporary restraining order entered in this action on June 18, 2014. The parties also advised that upon entry of the preliminary injunction order, they agreed to a stay of all further litigation pending a status conference in October 2014.

Materials here, here, and here.

Judicial Positions – Sac and Fox Nation of Missouri in Kansas and Nebraska

Job Openings Sac and Fox Nation of Missouri in Kansas and Nebraska
305 North Main Street
Reserve Kansas 66434

Tribal District Judge The Sac and Fox Nation of Missouri in Kansas and Nebraska has a vacancy in the position of Tribal District Judge. The Tribal District Judge is appointed to a six-year term by the Tribal Council and hears all cases brought in the Nation’s Tribal District Court, including but not limited to Juvenile, Criminal and Civil cases. The Tribal District Judge also provides administrative oversight to the Court and provides supervision to the Court Clerk, Administrator and Probation Officer. The Tribal District Judge conducts hearings at least one day per month, but possibly more depending on case load. Preferred Qualifications include experience as a Tribal Judge or practice of Indian law, familiarity with Federal Indian law and policy, and experience working with a tribal community. Minimum requirements for the position are that the Judge shall: (a) Be either: (1) An enrolled member of the Tribe; or (2) The parent, child or spouse of an enrolled member of the Tribe; or (3) Actually domiciled within the territorial jurisdiction of the Tribe; or (4) An attorney; or (5) A lay advocate who has regularly practiced before the Sac and Fox Tribal Court as a member of the Bar of the Court for a period of five (5) years or more; or (6) An Indian graduate of an American Bar Association approved Law School, or a Paralegal program approved by the Supreme Court. (b) Have demonstrated moral integrity and fairness in his or her business, public and private life. (c) Have never been convicted of a felony or an offense punishable by banishment, whether or not actually imprisoned or banished, and have not been convicted of any offense, except traffic offenses, for a period of two (2) years next preceding his or her appointment. (d) Have regularly abstained from the excessive use of alcohol and any use whatsoever of illegal drugs or psychotoxic chemical solvents. (e) Be not less than twenty-five (25) years of age. (f) Not be a member of the Tribal Council or the holder of any other elective Tribal Office of the Sac and Fox Nation of Missouri, provided, that a candidate who is a member of the Tribal Council, or the holder of some other elective Tribal Office, may be confirmed as a Judge subject to his or her resignation. Tribal District Judge is a Contract/Exempt position. Compensation is negotiable depending on experience and qualifications. To apply or nominate a candidate, submit a letter of interest, resume, writing sample and three (3) references to: Gary Bahr gbahr@sacandfoxcasino.com, Tribal Secretary, 305 North Main Street, Reserve, Kansas 66434.

Associate Justice of the Tribal Supreme Court (Two Openings) The Sac and Fox Nation of Missouri in Kansas and Nebraska has two vacancies for the position of Associate Justice of the Tribal Supreme Court. Associate Justices of the Supreme Court are appointed to staggered terms. Thus, one position is for an initial appointment to a term of four years and the other position is for an initial appointment to a term of six years. The Associate Justices of the Supreme Court hear appeals from the Tribal District Court, prepare appropriate orders, keep appropriate records and perform any of the duties and powers of a Tribal District Judge in appropriate cases. Hearings and arguments are held on an as-needed basis. Preferred Qualifications include experience as a Tribal Judge or practice of Indian law, familiarity with Federal Indian law and policy, and experience working with a tribal community. Minimum requirements for the position are that the an Associate Justice of the Supreme Court shall: (a) Be either: (1) An enrolled member of the Tribe; or (2) The parent, child or spouse of an enrolled member of the Tribe; or (3) Actually domiciled within the territorial jurisdiction of the Tribe; or (4) An attorney; or (5) A lay advocate who has regularly practiced before the Court as a member of the Bar of the Court for a period of seven (7) years; or (6) An Indian graduate of an American Bar Association approved law school, or a paralegal program approved by the Supreme Court; and (b) Have demonstrated moral integrity and fairness in his business, public and private life; and (c) Have never been convicted of a felony or an offense punishable by banishment or involving moral turpitude, whether or not actually imprisoned or banished, and have not been convicted of any offense, except traffic offenses, for a period of five (5) years next preceding his or her appointment.; and (d) Have regularly abstained from the excessive use of alcohol and any use whatsoever of illegal drugs or psychotoxic chemical solvents; and (e) Be not less than thirty (30) years of age; and (f) Not be a member of the Tribal Council or the holder of any other elective Tribal Office of the Sac and Fox Nation of Missouri, provided, that a candidate who is a member of the Tribal Council, or the holder of some other elective Tribal Office, may be confirmed as a Judge subject to his or her resignation.; and (g) If less than fifty (50) years of age, have completed at least sixty (60) semester credit hours at an accredited college or university, or at least four (4) years of previous experience. Associate Justice of the Tribal Supreme Court is a Contract/Exempt position. Compensation is negotiable depending on experience and qualifications. To apply or nominate a candidate, submit a letter of interest, resume, writing sample and three (3) references to: Gary Bahr gbahr@sacandfoxcasino.com, Tribal Secretary, 305 North Main Street, Reserve, Kansas 66434.

Chief Justice of the Tribal Supreme Court The Sac and Fox Nation of Missouri in Kansas and Nebraska seeks applicants for the position of Chief Justice of the Tribal Supreme Court. The position is for an initial appointment to a term of two years. The Chief Justice of the Supreme Court hears appeals from the Tribal District Court, prepares appropriate orders, keeps appropriate records, provides administrative oversight and performs any of the duties and powers of a Tribal District Judge in appropriate cases. Hearings and arguments are held on an as-needed basis. Preferred Qualifications include experience as a Tribal Judge or Justice, practice of Indian law, familiarity with Federal Indian law and policy, and experience working with a tribal community. Minimum requirements for the position are that the an Associate Justice of the Supreme Court shall: (a) Be either: (1) An enrolled member of the Tribe; or (2) The parent, child or spouse of an enrolled member of the Tribe; or (3) Actually domiciled within the territorial jurisdiction of the Tribe; or (4) An attorney; or (5) A lay advocate who has regularly practiced before the Court as a member of the Bar of the Court for a period of seven (7) years; or (6) An Indian graduate of an American Bar Association approved law school, or a paralegal program approved by the Supreme Court; and (b) Have demonstrated moral integrity and fairness in his business, public and private life; and (c) Have never been convicted of a felony or an offense punishable by banishment or involving moral turpitude, whether or not actually imprisoned or banished, and have not been convicted of any offense, except traffic offenses, for a period of five (5) years next preceding his or her appointment.; and (d) Have regularly abstained from the excessive use of alcohol and any use whatsoever of illegal drugs or psychotoxic chemical solvents; and (e) Be not less than thirty (30) years of age; and (f) Not be a member of the Tribal Council or the holder of any other elective Tribal Office of the Sac and Fox Nation of Missouri, provided, that a candidate who is a member of the Tribal Council, or the holder of some other elective Tribal Office, may be confirmed as a Judge subject to his or her resignation.; and (g) If less than fifty (50) years of age, have completed at least sixty (60) semester credit hours at an accredited college or university, or at least four (4) years of previous experience. Chief Justice of the Tribal Supreme Court is a Contract/Exempt position. Compensation is negotiable depending on experience and qualifications. To apply or nominate a candidate, submit a letter of interest, resume, writing sample and three (3) references to: Gary Bahr gbahr@sacandfoxcasino.com, Tribal Secretary, 305 North Main Street, Reserve, Kansas 66434.

The Tribal Court Positions are also held to the Tribal Code Sections, they can be downloaded for review here:
Tribal Code – District Judge
Tribal Code – Supreme Court Justice

These are full time positions with benefits, generally working a 4 day work week Monday through Thursday (unless otherwise noted). Compensation DOE. Open until filled. More information and applications can be obtained at the Sac and Fox Tribal Office, 305 N. Main, Reserve KS (Mon.-Thurs.) or call 785-742-7471, ext. 2500. Provide cover letter, resume and completed employment application addressed to Human Resources Dept. at above address or fax to 785-742-3785.