Pyramid Lake Paiute Tribe RFP for Judicial Services and Prosecutorial Services

Prosecutorial Services RFP Announcement:

The Pyramid Lake Indian Reservation is soliciting Requests for Proposal from interested parties to represent the Pyramid Lake Paiute Tribe by providing prosecutorial services for misdemeanor violations of the Pyramid Lake Tribal Law and Order Code.  The pay is set out as $437.50 per session plus mileage, which includes all work that relates to prosecutorial services, up to 4 sessions per month and including any appeals hearings.

Full Details here: RFP PROSECUTOR 12-22-14

Judicial Services RFP Announcement:

The Pyramid Lake Paiute Tribe is soliciting Proposals from interested parties to contract with the Tribe to provide judicial services by acting as the Chief Judge of the Pyramid Lake Tribal Court in accordance with the Pyramid Lake Tribal Law and Order Code.  The pay is set out as $400.00 plus mileage per scheduled court day, which includes all work that relates to providing judicial services, at approximately 4-6 court days per month.

Full Details here: Chief Judge RFP Final 12-22-14

 

Upcoming Webinar and RFP for Joint Jurisdictional Collaborations

On Wednesday, January 7, 2014 at 3 p.m. eastern time, members of Project TEAM (Together Everyone Achieves More) will present a webinar on tribal-state collaboration.

Background

BJA, in partnership with the Center for Evidence-Based Policy at Oregon Health & Science University (OHSU), released the attached webinar and RFP for joint jurisdictional collaborations. There is much excitement with this next round of funding and tribal and state inquiries are beginning to grow.

PROJECT Team staffed by Justices Korey Wahwassuck and John P. Smith who created the first joint jurisdictional court between the Leech Lake Band of Ojibwe and Cass County District Court in Minnesota are working with other tribal-county teams to help develop and implement joint jurisdictional collaborations. This past year, PROJECT Team worked and mentored a team of the Shingle Springs Rancheria-El Dorado County to develop a tribal-state juvenile court with wrap-around services. The juvenile court is scheduled to start up Spring 2015.  The feedback from the tribe and county participants has been incredible. Cudos to Allison Leof the PROJECT Team lead, the Justices and Jennifer Fahey, the evaluator. The outcome of this work is for PROJECT Team to developing a guide for tribal-state-local communities to develop and implement joint jurisdictional collaborations.

Formal Announcement:

Webinar – TEAM Webinar Description FINAL and Revised Long Version 12-8-14

Congratulations to Judge Raquel Montoya-Lewis, Appointed to Whatcom County Superior Court

Here is the press release from Governor Inslee’s office:

Gov. Jay Inslee announced today that he is appointing Raquel Montoya-Lewis to a new seat on the Whatcom County Superior Court. The new position was approved by the state Legislature in 2013 and established a fourth judge on the bench.

Montoya-Lewis currently serves as the Chief Judge for the Nooksack and Upper Skagit Indian Tribes in Washington and is an associate professor at Western Washington University. She is also an Appellate Court Judge for the Nisqually Tribal Court of Appeals and the Northwest Intertribal Court System and previously for the Nooksack Tribal Court of Appeals. Montoya-Lewis is from the Pueblo of Isleta and the Pueblo of Laguna Indian tribes, and will be the only Native American Superior Court judge in Washington state.

“Raquel’s 15 years of experience as a judge will be well appreciated on the Superior Court,” said Inslee. “She is wise and has a strong commitment to service and to promoting justice. I know she will serve the community and the court exceptionally well.”

Montoya-Lewis is currently an appointee on the Federal Advisory Committee on Juvenile Justice and was appointed by Gov. Christine Gregoire to the Washington Partnership Council on Juvenile Justice. She has a J.D. and master’s in social work from the University of Washington and her B.A. from the University of New Mexico.

Montoya-Lewis’ term on the Whatcom County Superior Court begins in January 2015.

Link to the press release here.

Link to news article on Judge Montoya-Lewis’ appointment here.

House and Senate Repeal Alaska Exception (Section 910) of VAWA

Now it’s off to the President for his signature or veto:

Senator Lisa Murkowski and Congressman Don Young today teamed up to make sure that Section 910 of the Violence Against Women Act was repealed. Through numerous conversations with their House and Senate colleagues, the two Alaska lawmakers succeeded in having the provision removed from the law.

In the final days of the 113th Congress, Representative Young worked directly with House leadership – including several interactions with Speaker John Boehner, Majority Leader Kevin McCarthy, and other senior House members – to secure expedited passage of the bill in one of the House’s final actions prior to adjourning.  Meanwhile, Senator Murkowski worked with her Senate colleagues to build support for the action, including a call across Capitol Hill before the vote to Majority Leader McCarthy, encouraging his consent for the move that officially took place after tonight’s final budget vote.

“Alaska tribes asked me to repeal Section 910 of VAWA, and I thank the Alaska Delegation for working with me on their behalf,” said Murkowski.  “But it doesn’t stop today; in the new Congress beginning next month, it will be imperative to ensure that our tribal courts in Alaska receive the funding they need to deliver the justice and protection the need and deserve – not only for training and capacity development, but also for operations.”

“Today I am pleased that the House of Representatives passed S. 1474, a bill which repeals Section 910 of the Violence Against Women Reauthorization Act of 2013 (VAWA).  In the many conversations I have had with Alaska Native leaders and families since the reauthorization of VAWA last year, I heard a consistent, clear, and powerful message: that Section 910 was an error and must be repealed,” said Congressman Young.  “I was proud to work with Lisa in these final moments to ensure that one of the final acts of the House of Representatives in the 113th Congress was to empower Alaska’s tribes and uplift Alaska Native women.”

Link to press release here.

Safety for Native Women: VAWA and American Indian Tribes

The National Indigenous Women’s Resource Center (NIWRC) has published a new book that traces the history of violence against Native women, legal barriers to protecting Native women, and a breakdown of VAWA provisions that impact tribes. Safety for Native Women: VAWA and American Indian Tribes is available on Amazon or through the NIWRC website.

In addition, the 12th Women are Sacred Conference will be held in Rapid City, SD, June 1-3, 2015. More information and registration will be available on the NIWRC web site here.

Firearms on Tribal Lands

For anyone interested in the issue of firearms on tribal lands, including the push to keep firearms out of the hands of domestic abusers:
Here is a link to an article on the new rule allowing tribal law enforcement agencies to access the FBI criminal background check system.
Some quotes from the article:
The Federal Bureau of Investigations (FBI) is expanding background checks for firearm sales on sovereign Indian reservations as part of the Obama administration’s push to reduce gun violence around the country.
Under new regulations, tribal law enforcement agencies will be allowed, though not required, to access the FBI’s criminal background check system before issuing gun licenses on reservations.
“This rule does not, in any way, preempt tribal law,” the FBI wrote. “Access is wholly discretionary on the part of the tribes. This rule does not in any way mandate tribal government action.”
Here is the Federal Register notice of the rule 2014-27386.
H/T to Steve Aycock for bringing this to my attention.

Chabad Lawyer Mediates Between Inuit Tribes in Alaska – and Keeps Kosher

Nice article on David Voluck, tribal court judge in Alaska, and what inspires him to do the work he does.

Full article here.

Some excerpts from the article:

“So, there are two ‘weird’ things about David Voluck,” he continued, laughing impishly, as is his habit. “Well, probably more than two, but two really weird things. First, I’m an observant Jew, which is not commonplace in Alaska. I’m also a tribal judge, the state’s only non-Native tribal judge — at least that I know of.

Indeed, Voluck stands as one of the country’s foremost authorities on the subject of Alaska Native tribal law — an author of “Alaska Natives and American Laws 2nd and 3rd Edition,” he literally wrote the book on it (well, co-wrote). In addition to maintaining a small legal practice and an adjunct faculty position at Northwestern School of Law at Lewis & Clark College in Portland, Oregon, Voluck currently presides over the Tlingit (pronounced “Clink-get”) & Haida tribal court in southeast Alaska and the Aleut community tribal court of St. Paul in the Pribilof Islands. He has also worked with the Athabasca, Inupiat, Alutiiq and Yupik tribes and is currently helping to establish a tribal court on Kodiak Island. . . .

Raised in a Conservative “but not terribly religious” household, Voluck graduated from the University of Pennsylvania in 1992, with a B.A. in sociology of religion, before studying environmental law at Lewis and Clark Law School. He soon threw himself headlong into environmentalism.

“There I was, demonstrating, hugging trees, chaining myself to bulldozers. But I could see I didn’t have the same fire as everyone else. In other words, this wasn’t the song I was looking for.”

Then, a friend recruited him for a legal internship representing the Tlingit & Haida in Sitka. As the tribe’s legal counsel, Voluck found he’d stumbled upon the human, cultural and spiritual side of environmentalism.

“Now, I started hearing the song,” he said. “From then on, Indian law became my obsession.”

Through his burgeoning relationship with Alaska Native populations, Voluck also began sensing parallels between their culture and his own. Every day, he told me, one tribal elder in particular would visit him, “and every day, he’d say the same thing: ‘David, our culture, our language, our heritage is very important; you must help us.’” . . .

And while practicing Judaism as a traveling circuit judge in one of the least inhabited regions on earth remains challenging, Voluck seems determined to continue what he considers his singular contribution to tikkun olam.

“Everywhere on earth, indigenous peoples are sustaining a massive assault on their survival,” he said. “And if there’s one group that’s figured out how to weather massive assaults on their survival, it’s the Jews.”

 

 

 

Non-Profit Organization Works to Train Interpreters for Yup’ik Speakers in Alaska Courts

In some areas of Alaska many elders and even middle-aged community members grew up with Yup’ik as their first language. The resulting language gap for these individuals has created problems when they are involved in court hearings. To combat these problems, the Alaska Institute for Justice is heading up an effort to train Yup’ik interpreters specifically to work in courts, medical facilities, and other institutions. The experts involved with this training are working to create a Yup’ik legal glossary with an emphasis on words that describe problems such as: sexual assault, child sexual abuse, domestic violence, and parental neglect and abuse.

“Our goal is to make sure that all Alaskans have access to the services that they need regardless of their ability to speak English,” said Robin Bronen, executive director of the justice institute.

Full article available here.

 

Press Release: Interior Announces $1.2 Million to Be Awarded to Tribes to Take Control, Operate Their Bureau of Indian Education-Funded Schools

As part of the Obama Administration’s historic commitment to ensure that all students attending Bureau of Indian Education (BIE)-funded schools receive a world- class education, U.S. Secretary of the Interior Sally Jewell and Assistant Secretary – Indian Affairs Kevin K. Washburn today announced that six federally recognized tribes have been awarded $1.2 million in Sovereignty in Indian Education (SIE) enhancement funds to promote tribal control and operation of BIE-funded schools on their reservations. The funds implement a recommendation contained in the Blueprint for Reform of the Bureau of Indian Education issued on June 13, 2014, by the American Indian Education Study Group convened by Secretary Jewell and U.S. Education Secretary Arne Duncan.

“Increasing tribal control over BIE-funded schools not only promotes tribal self-determination, but also provides greater tribal discretion in determining what American Indian children should learn, increasing accountability throughout the school system,” Secretary Jewell said. “With school management authority, these communities will have more power to create lessons with tribal cultural values and Native languages, both of which can ensure their children stay connected to their heritage and help them to succeed in the future. These enhancement funds can make the difference in an effective, relevant and rigorous education for American Indian children.”

The following tribes will receive enhancement funding:

  • Gila River Indian Community, Sacaton, Arizona
  • Standing Rock Sioux Tribe, Fort Yates, North Dakota
  • Turtle Mountain Band of Chippewa, Belcourt, North Dakota
  • Tohono O’Odham Nation, Sells, Arizona
  • Navajo Nation, Window Rock, Arizona
  • Oglala Sioux Tribe, Pine Ridge, South Dakota

 

Full press release here.

Feedback Request, National Experts List

At a tribal court/state court collaboration meeting, some state court judges raised the idea of creating a national experts list that state court judges and staff can access when Tribal Law and Federal Indian Law questions arise. I realize that there are national organizations and national experts known throughout Indian Country, but they are not necessarily known to people working in state courts.

I know some tribes are putting together experts lists for specific purposes such as expert witnesses for ICWA cases. I’m not sure if anyone has put together something similar for other purposes.

I’ve been asked to explore the idea of creating a web site or database that would include a listing of groups and individuals that are willing to serve as sources of information for state courts when questions arise. (The point would be made that it is not a site for free legal advice, just a site to guide them to a better understanding of Tribal Law and Federal Indian Law principles. It would likely be made accessible only to court staff.) I’m looking for feedback on the pros and cons of doing this as well as suggestions about how it should or shouldn’t be organized. Ideas so far have ranged from having only national technical assistance providers listed to having state-by-state listings with people recommended by their own tribes.

Feedback should be sent to: expertslist@gmail.com. I’d really appreciate feedback from the community on this proposed project. Miigwech