Author: Matthew L.M. Fletcher

National Indian Law Library Bulletin (11/9/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 11/08/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petitions were filed in Mackinac Tribe v. Jewell (Federal Acknowledgment Process) and in Citizens Against Reservation Shopping v. Jewell (Land into Trust; Recognized Indian Tribe under Federal Jurisdiction) on 10/27/16. Petition was denied in Wolfchild v. Redwood County (Trespass and Ejectment) on 11/7/16.

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
United States v. State of Washington (Treaty Right to Take Shellfish)
California Valley Miwok Tribe v. Jewell (Official Tribal Government)
Pueblo of Pojoaque v. State of New Mexico (Tribal-State Gaming Compact – Negotiations)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In the Matter of the Adoption of T.A.W., R.B. and C.B. (Indian Child Welfare Act – Termination of Parental Rights)
Wells Fargo Bank v. Apache Tribe of Oklahoma (Arbitration)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature some articles discussing the possible future of cultivation and sale of marijuana on Indian reservations.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of guidelines stating principles for working with federally recognized Indian tribes of the Department of Human Services, Administration for Children and Families.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
Dollar General v. Mississippi Band of Choctaw Indians: Where do we go from here?
Tribal self-governance extended to U.S. Department of Transportation.
College of Law committed to Native Law program.
Indigenous health policy in the United States and Latin America: The Marshall trilogy and the international human rights approach.
Thinking outside the bars: Using Hawaiian traditions and culturally-based healing to eliminate racial disparities within Hawai’i’s criminal justice system.
Pipelines, Protests and General Permits.
Congress, tribal recognition, and legislative-administrative multiplicity.
From dysfunction and polarization to legislation: Native American religious freedom rights and Minnesota autopsy law.
Passage and flow considered anew: wild salmon restoration via hydro relicensing.
A proper seat at the table: affirming a broad Winters right to groundwater.
Federally reserved rights and interstate groundwater allocation.
The Winters doctrine: is it just about quantity?
Tribal reserved water rights to groundwater as recognized in settlements and litigation: status and trends.
Agua Caliente and the argument for aboriginal rights to groundwater.
Why Obergefell should not impact American Indian tribal marriage laws.

Nottawaseppi Huron Potawatomi Supreme Court Posting

Matthew L.M. Fletcher

TRIBAL COUNCIL SEEKS LETTERS OF INTEREST FROM PERSONS TO SERVE AS CHIEF JUSTICE ON THE NHBP TRIBAL SUPREME COURT.  The Tribal Council is soliciting letters of interest from qualified individuals interested in being appointed to serve on the NHBP Supreme Court.  The individual appointed to this position would be appointed to a six (6) year term of office expiring on December 31, 2022.  Letters of interest must be submitted no later than November 25, 2016 to be considered.  Interested applicants should send a letter of interest and statement of qualifications (or resume) to:  Jamie P. Stuck, Tribal Council Chairperson, 1485 Mno-Bmadzewen Way, Fulton, Michigan 49052.

NHBP Judicial Branch:  The NHBP Judiciary is a Constitutional Branch of Government established under Article XI of the Band’s Constitution.  The NHBP Court is a court of general jurisdiction and the Supreme Court hears appeals from the Judiciary’s Trial Court.  In addition to hearing appeals, members of the Supreme Court also work with the trial court’s Chief Judge and other court staff in the development of Court Rules and Administrative Orders.

Qualifications for Appointment:  In accordance with the NHBP Constitution, persons interested in being appointed to the Tribal Judiciary must agree to undergo an extensive background investigation and may be asked to appear before the Tribal Council to answer questions about his/her qualifications for the position.  The qualifications of prospective appointees are determined by the Tribal Council in accordance with the qualifications for office contained in Article XI of the NHBP Constitution which include the following:

  • Has attained the age of thirty (30) years;
  • Is a licensed attorney in good standing;
  • Not be an employee of NHBP or presently serving, or a candidate for, a seat on the elected Tribal Council and
  • Has never been convicted of a violent crime, felony or a crime of fraud.

 

Members of the bench are compensated for services at a competitive hourly rate.  In accordance with the NHBP Constitution, “the amount of [compensation] shall not be reduced during such person’s term of office”.  Justices are also reimbursed for reasonable expenses including travel to and from Michigan.

Briefs in Tulalip Tribes Quil Ceda Village Taxation Suit

Matthew L.M. Fletcher1 Comment

Here are the materials in the case now captioned Tulalip Tribes v. State of Washington (W.D. Wash.):

72-washington-motion-for-summary-j

74-tulalip-motion-for-partial-summary-j-govt-services-outside-boundaries

77-us-motion-re-govt-services

79-washington-response-re-74

82-us-response-to-72

84-tulalip-response-to-72

115-tulalip-reply-in-support-of-74

117-washington-reply-in-support-of-72

121-us-reply-re-77

Complaints etc. here.

NYTs: “Environmentalists Target Bankers Behind Pipeline”

Matthew L.M. Fletcher

Here.

Ninth Circuit Briefs in Casino Pauma v. NLRB

Matthew L.M. Fletcher2 Comments

Here:

Opening Brief

CNIGA Amicus Brief

Fort Peck Amicus Brief

Appellate Commissioner Order

Casino Pauma Corrected Opening Brief

NLRB Answer Brief

UNITE HERE Brief

Reply Brief

Administrative materials:

Administrative Law Judges Decision 6-4-2015

Board Decision 3-31-2015

Board Decision 12-3-2015

NLRB Judge Decision 7-18-2016

Casino Pauma Brief in Support of Exceptions 8-4-2014

Answering Brief to Exceptions 9-5-2014

Prior posts here and here.

Navajo Sage Hospital Prevails on IHS Medicare/Medicaid Allocation and Duplication Issues

Matthew L.M. Fletcher

Here are the materials in Navajo Health Foundation – Sage Memorial Hospital, Inc. v. Burwell (D. N.M.):

199-sage-motion-for-summary-j-allocation-issue

200-sage-motion-for-summary-j-duplication-issue

222-response-on-duplication-issue

235-reply-in-support-of-199

236-reply-in-support-of-200

253-dct-order

Prior post here.

Nooksack Tribe Moves to Vacate State Court Order Enforcing Contempt Order against Tribal Police Chief

Matthew L.M. Fletcher

Here are the new materials in In re Galanda v. Nooksack Tribal Court (Wash. Super. Ct. — Whatcom County):

foreign-judgment-registration

declaration-of-charity-bernard-as-records-custodian-of-tribal-council

nooksack-indian-tribes-motion-to-vacate-order-domesticating-foreign-judgment

Navajo Board of Election Supervisors Seeks Attorney

Matthew L.M. Fletcher

Here is the notice: PDF

Here is the description:

Provide legal guidance and advice to Navajo Board of Election Supervisors and Navajo Election Administration, Navajo Nation Council, standing Committees involving various areas of law, such as Title 11 Election Code and other codes as the need requires. Analyzes legal issues and advised accordingly, drafts legal pleadings, briefs, memoranda, resolutions and correspondence in representing the Nation, pursues negotiations to settle disputes. Review past court, Office of Hearing & Appeals, Ethics and Rule Office rulings. Interviews and prepares witnesses for testimonial court hearings; prepares court cases by drafting complaints, order to show cause, preliminary motions, indictments, briefs and supporting affidavits; all written work is thoroughly reviewed by a supervising attorney; makes court related appearances on behalf of the Nation.

SCOTUS Denies Cert in Wolfchild

Matthew L.M. Fletcher

Here is today’s order list.

Cert stage briefs here.

Indian Country Grassroots Statement on Standing Rock

Matthew L.M. Fletcher

Here:

STATEMENT IN SOLIDARITY WITH THE STANDING ROCK SIOUX

November 3, 2016

 

Lands and waters, in our deeply held way of life, are not mere resources nor are they boundaried areas to be owned. They are the foundation of all relationships. Relationships, in a sense deeper than commonly understood, is the foundation of peace, happiness, law and order. Land, waters and human beings are mutual stewards. The tragic consequences of contamination to rivers and oceans has been repeatedly demonstrated by the mining at Black Mesa and Tar Creek, and by the Exxon Valdez and BP oil spills.

 

The Dakota Access Pipeline is now almost upon the Missouri River despite renewed calls from within the federal government itself for a stop until the environmental impact is formally assessed. Such calls were in existence since spring but were nevertheless ignored by the agencies responsible for such assessments. Instead, the pipeline was “fast tracked.”

 

The Pipeline directly threatens the Missouri River, which is the source of life for the Standing Rock Sioux. It is understood that the pipeline will carry one million gallons of crude oil an hour, and that any leak that is not quickly stopped will cause irrevocable environmental damage. There are news reports of nearly 300 oil pipeline spills in North Dakota in less than two years in remote areas where leaks are not readily known. Leaks are inevitable. Therefore, indigenous Americans from numerous tribes have gathered in protest to save the source of life; to save the Standing Rock Sioux people.

 

The gathered protesters are not merely scattered activists; they are representatives of their Indigenous Nations who have all endorsed the request of the People of the Missouri River for stoppage in order to dialog with the Nations. They are also representatives of the American people. They stand together asking that the laws of the United States be followed and honored – the laws establishing a duty to act on behalf of all Americans in managing our natural resources.  We must all stand together to protect our limited and irreplaceable waters.

 

Indian Country Grassroots Support