Minnesota Public Radio: Original intent? History, language blur Minnesota Indian treaty disputes

Link to article here.

Spokane County Bar Association Seventh Annual Indian Law Conference

Download agenda and registration form here.

Tanner: Bigoted Nationalism Opens CERA’s New Year

Link to article here.

In addition to spewing racism and ultra-nationalist vitriol, CERA began 2016 by continuing its work with property rights groups to oppose tribal sovereignty around the country. On January 24, CERA leaders Lana Marcussen-Saucerman and Butch Cranford were slated to host an event with the Central New York Fair Business Association in Verona, New York. The event was to be moderated by CERA Chair Judy Bachman of Vernon. The Business Association has participated in past CERA events and joined CERA in lawsuits opposing Oneida Indian Nation sovereignty.

First Nation Housing Addressed by Government Officials and Report

Link to APTN coverage here.

The price tag to fix homes and infrastructure on Manitoba reserves is $2 billion when $150 million is the government’s annual budget for all First Nations.

Indigenous Affairs Minister Carolyn Bennett said she’s not deterred by the $2-billion price tag. She couldn’t explain exactly how the new Liberal government will tackle the backlog, but said improving First Nations housing is a priority.

“I’ve been in those homes,” Bennett said in an interview. “It is a disgrace for Canadians to watch. There is a consensus in this country that we have got to get going on this.

“The sticker shock on any of these things can’t get in the way of us beginning what has to happen.”

Pamunkey Indian Tribe is First Federally Recognized Tribe in Virginia

Final Order re Acknowledgment 62ibia122

Download press release here.

On January 28, 2016, the Pamunkey Indian Tribe’s July 2, 2015 Final Determination for Federal Acknowledgment (the “Final Determination”) became effective as a result of a final dismissal of a request for reconsideration entered by the Interior Board of Indian Appeals (the “IBIA”). In re Federal Acknowledgment of the Pamunkey Indian Tribe, 62 IBIA 122 (01/28/2016). The IBIA explained that Stand Up for California! (“Stand Up”), an organization that focuses on gambling issues affecting California, failed to show that it is an “interested party” to the Final Determination within the meaning of the Federal acknowledgment regulations, and therefore the IBIA concluded that Stand Up is not entitled to seek reconsideration of the Final Determination.

Briefs in Star Tickets v. Chumash Casino Resort

Materials and documents for the leave to appeal in Michigan’s Supreme Court:

Defendant/Appellant’s Application for Leave to Appeal

Plaintiff-Appellee’s Brief in Opposition to Application for Leave to Appeal

Defendant/Appellant’s Brief In Reply To Opposition

Amicus brief in support of petition from State Bar’s American Indian Law Section

Our motion for leave to file and our lodged amicus brief in support of petition

Galanda, Shared Faith: Tribal State Indian Religious Rights Reform

Link to article in the King County Bar Bulletin here.

Request to all Tribal Courts from California Forum

As Co-Chair of the Tribal Court-State Court Forum in California and Chief Judge of the Yurok Tribal Court, I would like to learn whether you are encountering any problems getting your tribal court protection orders enforced in California.  I am seeking your help because protection orders issued by tribal courts in California are not recognized or enforced unless they are entered into the DOJ California Restraining and Protective Orders System (CARPOS) through California Law Enforcement Telecommunications System (CLETS) by county law enforcement.  Because tribal courts in California do not have access to these statewide databases, we have had to develop workarounds. Despite VAWA and California law mandating full faith and credit for protection orders tribal courts have been registering their orders with the state courts in order to have them entered into the statewide DOJ databases.

If you have any examples of recent times when your tribal court protection orders have not been recognized or enforced by law enforcement, we would appreciate learning about these instances.  Please contact Pat Lenzi, forum member and Chief Judge of the Cedarville Rancheria Tribal Court, if you have any information you can share with us.  Judge Lenzi can be reached at  Lenzi.patricia@gmail.com

Judge Abby Abinanti
Co-Chair of the Tribal Court-State Court Forum

Nez Perce Tribe Department of Law & Justice seeks IN-HOUSE PUBLIC DEFENDER

HR-16-102 full-time regular.

Applicant must provide evidence of a Juris Doctorate degree from an accredited college of law, and of active membership in good standing in a State Bar Association.  Must have at least one (1) year documented successful litigation experience, preferably in a Tribal Court.  Must have an understanding of Tribal, federal, and state law and the multijurisdictional issues which often arise in a Tribal Court.  Excellent legal research and writing skills required.  Salary DOE.   Includes generous health insurance and other benefits.

Submit resume listing contact information for at least three work-related references, and legal writing sample. Pre-employment drug testing required.  Applicant must possess a valid driver’ license with the ability to be insured under the Tribe’s policy. (If driver’s license is not issued by Idaho a Motor Vehicle Report (MVR) from the issuing state is required with application.)  NPT application forms available online at www.nezperce.org or by contacting the Human Resources office. Tribal preference applies.

Thanks very much,
Alice Koskela
Law and Order Executive Officer
Nez Perce Tribe