Indian Country Investigation & Prosecutions Report to Congress

Link to DOJ report for 2014 here.

Highlights:

  • FBI’s CY 2014 statistics are similar to 2013. The majority of Indian country criminal investigations opened by the FBI were referred for prosecution.
  • The majority of Indian country criminal cases opened by the USAOs were
    prosecuted.
  • The most common reason FBI Indian country investigations were closed administratively without referral for prosecution was that the investigation concluded that no federal crime had occurred. Analysis of CY 2014 data indicates that 657 FBI Indian country investigations were closed administratively without referral to a prosecuting authority — approximately 32% of the investigations that were opened. Reasons for non-referral include deaths determined to be the result of natural causes, accident, or suicide (i.e., non-homicides; 20% in CY 2014 of all investigations not referred), and insufficient evidence of criminal activity (21% in CY 2014).
  • All but 37 of the 148 death investigations that the FBI closed administratively in CY 2014 were closed because the FBI established that the death was due to causes other than homicide; i.e., accidents, suicide, or death due to natural causes.
  • In 2014, the USAOs resolved more cases than in 2013. In 2014, the USAOs resolved 535 more cases than in 2013. A total of 3,930 Indian country matters were resolved in CY 2014, as compared to 3,395 cases in 2013.
  • The USAO declination rate remained steady. USAO data for CY 2014 show that 34% (989) of all Indian country submissions for prosecution (2,941) were declined. In CY 2013, USAOs declined approximately 34% (853) of all (2,542) Indian country submissions for prosecution. USAO data for CY 2012 indicate that just under 31% (954) of all Indian country submissions for prosecution (2,542) were declined.
  • The most common reason for declination by USAOs was insufficient evidence (59.6% in CY 2014, 56% in CY 2013, and 52% in CY 2012). The next most common reason for declination by USAOs was referral to another prosecuting authority (16.3% in CY 2014, 21% in CY 2013, and 24% in CY 2012).

Jacobson Law Group Associate Attorney Job Announcement

Link to job announcement here.

Jacobson, Magnuson, Anderson & Halloran, P.C. (the “Jacobson Law Group”) is one of the premier Indian-law firms in the United States.  It seeks an attorney for a shareholder-track position at a small, collegial firm.

Nez Perce Legal Assistant Position Announcement

The Nez Perce Tribe Department of Legal Counsel is recruiting for:  

LEGAL ASSISTANT II  HR-15-186  full-time regular.  The position entails organizing legal files and records, drafting legal documents and correspondence, legal research, interviewing of witnesses and litigants, proof-reading, maintaining attorney time records and court schedules, and other administrative requirements of legal office. 

The position is with an eight (8) member legal office located in Lapwai, Idaho, and provides exceptional compensation and benefits, including generous leave time, 401 (k) program and match, family health insurance, and more. 

Requires Associate’s degree in legal field of study or three (3) years of legal work experience in a law firm can be substituted for one (1) year of college.  A Bachelor’s degree in a legal field of study is preferred.  Requires ten (10) years of experience working for a high volume law firm.  Experience working with Indian tribes or tribal organizations preferred.  Pre-employment drug testing required.  Applicant must possess a valid driver’s license with the ability to be insured under the Tribe’s policy.  (If your driver’s license is not issued from Idaho; a Motor Vehicle Report (MVR) from the state your driver’s license is issued, is required with your application.)  

Must include a completed NPT application (available on www.nezperce.org).  Tribal preference applies.  INCOMPLETE APPLICATION PACKETS WILL NOT BE CONSIDERED.  Due Friday, December 18, 2015, by 4:30PM PST.

Mail to:

LEGAL ASSISTANT  HR-15-186
P.O. Box 365
Lapwai ID 83540-0365

Cross Deputization for Pokagon Band of Potawatomi and County Officers

Link to South Bend Tribune article here.

Excerpt:

In the meantime, the deal will allow tribal police officers to enforce Indiana laws in St. Joseph County, including on the 1700 acres of Pokagon land near North Liberty and the 166 acres between Prairie Avenue, Locust Road and the St. Joseph Valley Parkway.

“With the Pokagon Band restoring the tribal village here in South Bend, we thought it was our duty to work with St. Joseph County to enhance public safety in this area,” said tribal Chairman John Warren.

At the Supreme Court: Contentious Questions of Tribal Jurisdiction in Dollar General v. Choctaw Nation of Miss.

Link to Stanford Law article here.

Excerpt:

Let me give you an important example from this case, based on what Dollar General seems to think is its strongest historical argument. The company relies heavily on a couple of treaties with two Native nations in what is today Oklahoma—treaties that seem to strip civil jurisdiction over non-Natives from those tribes in particular. But those treaties are hardly representative of the history of even those two tribes, let alone all the histories of all of the over five hundred different federally recognized tribes. Soon after the handful of treaties referenced by Dollar General, the federal government began contemplating an Indian state in what was then Indian Territory, so it entered new treaties that explicitly granted this new Native government civil jurisdiction over non-members. Later in that century, Congress reversed course and, in creating the state of Oklahoma, abolished tribal courts there altogether. But only thirty years after that, in the 1930s, Congress changed policy again, and passed a law that permitted the re-establishment of tribal courts in Oklahoma. And this is just two Native nations over a span of eighty years. This single example, I think, suggests some of the challenges: we simply can’t distill centuries of change and contradiction into a single, unambiguous narrative.

Supreme Court Extends Preliminary Injunction in Akina v. Hawaii

Documents and orders filed in the District court posted here.

Petitioner’s emergency application here.

Link to SCOTUS docket proceedings here.

Yesterday, the U.S. Supreme Court voted 5-4 to approve Justice Kennedy’s preliminary injunction issued last Friday.  We will post further filings when they are made available.

General Counsel Vacancy with Hopi Tribe

Job description here.

More Hopi Tribe vacancies posted recently here and here.

The employment application may be obtained on the Tribe’s website. Questions may be directed to its HR office at 928-734-3212.

Guardian Series on America’s Poorest Towns Includes Gila River

Link to article here.

 

Yurok Tribe Mourns the Loss of Visionary Leader

It is with deep despair and a heavy heart that we announce the untimely passing of Tribal luminary, Troy Fletcher.

“This is a tragic loss for the Yurok people, so tragic that words cannot express how we feel,” said Thomas P. O’Rourke Sr., Chairman of the Yurok Tribe. “Troy accomplished things that many people thought were impossible. We will forever be grateful for Troy’s tremendous contribution to the Tribe. Our thoughts and prayers are with his family.”

“We are all devastated by the passing of our friend, brother and colleague,” added Susan Masten, the Yurok Tribe’s Vice Chair. “Troy dedicated his life and put his heart and soul into his effort to protect and restore the Klamath River. He will be greatly missed by all.”

Fletcher, a longtime Executive Director for the Yurok Tribe, passed away on Friday evening, after suffering from a heart attack. He started his career with the Yurok Tribe as the first Tribal fisheries manager in 1994.

The Yurok Tribal member and visionary leader ran the day-to-day operations of the Tribal government. He played a prominent part in nearly every important Tribal policy decision, land acquisition, litigation and legislative effort in the last 20 years.

Fletcher, a tenacious Tribal advocate, accumulated a long list of history-making accomplishments, such as sowing the seeds that started the Tribe’s natural resource protection programs, during his time working for the Tribe. While the truly humble human being would never take the credit, Fletcher was responsible for ending a generations-long conflict between many competing Klamath River-based interests, including: farmers, commercial fishers, a power company, environmental groups and other Tribes. Turning this group of fierce, former adversaries into a cooperative coalition, focused on removing four Klamath dams and creating a plan for equitable water use was just one the many achievements in his storied career.

“Troy’s integrity and innate leadership skills made him a magnet to all,” said Dave Hillemeier, the Yurok Fisheries Program Manager. “We have lost a beloved friend, father, son, husband, mentor, leader, boss and a person respected by those from all walks of life.”

The benevolent boss instilled many positive principles into his employees and empowered them to achieve greatness. He valued initiative and preparedness. Fletcher treated all of the staff fairly and with respect. He emphasized the importance of developing meaningful relationships with representatives of outside agencies. In Fletcher’s opinion, the Tribe had a right and an obligation to manage all of the lands within Yurok ancestral territory and places that affect the Tribe, such as upriver from its borders. He saw those who opposed him as an opportunity to build a bridge. Before making any decisions involving natural resources, he first asked, “Does this work for fish?”

The leading figure in the campaign to solve the Klamath water crisis also filled an irreplaceable role in the Tribe’s effort to reacquire substantial swaths of land within Yurok territory. His behind-the-scenes work paved the way for the Tribe to procure more than 35,000 acres in the Pecwan and Blue Creek watersheds. Both of these drainages, located in the Tribe’s traditional territory, are culturally invaluable and incredibly important for fish and wildlife populations.

In 1999 Fletcher transitioned to the Executive Director position.  As the Fisheries Manager and then as Executive Director, he established the Tribe’s, award-winning Watershed Restoration and Environmental Programs and expanded the Fisheries Program. Today, these programs have more 70 staff that are committed to improving environmental conditions in Yurok ancestral territory.

The universally respected administrator managed more than a dozen departments and 300-plus personnel. Most recently, Fletcher was shepherding a strategy to spur the United States Congress into creating legislation that would broaden the Reservation’s boundaries to include the recent land purchases and increase the Tribe’s role in managing the lands within Yurok ancestral territory. He was also working with representatives of the federal government to release the remaining elements of the Hoopa/Yurok Settlement Act.

The distinguished director worked his way from a fisheries technician to overseeing the fast-growing Tribal government. On behalf of the Yurok people, Fletcher testified before Congress, presented to numerous state and federal regulatory committees and travelled to Washington DC many times to advocate for Tribal rights and to improve conditions on the Klamath River.

Fletcher was raised in Pecwan, which is where he spawned a life-long connection to the Klamath River. He committed his entire adult life to restoring the river, preserving Tribal culture and returning the Tribe to its rightful role in Yurok Country. He leaves behind his parents, Jacqueline and Don Winter, his sons Troy Fletcher Jr., Cody and Zachary, grandchildren Cody Jr. and Raa-yoy, as well as his wife Kari. Services will be held on Saturday, Nov., 28 at 10 a.m. at the Yurok Tribal office in Klamath. The family asks that in lieu of flowers donations be made to the Aawok Troy Fletcher Memorial Fund, through the Humboldt Area Foundation. HAF’s address is 373 Indianola Rd., Bayside Ca 95524. There will be an opportunity to make a donation at the Saturday service.

 

With Respect,
Javier I. Kinney
Director, Office of Self Governance
Yurok Tribe

FOIA Suit Dismissed by Parties After SG’s Confession of Error Made Public

Doc. 18 – Stipulation of Dismissal with Prejudice

Complaint and video of speech previously posted here.