Cert Petition Filed by Foster Parents in the Alexandria P. Case

Petition here.

Previous coverage and case documents here.

After the California Court of Appeals upheld Alexandria’s placement with her family in Utah, the foster parents appealed to the California Supreme Court. The California Supreme Court decided against review. Though there is no written opinion from that decision, the foster parents can petition the Supreme Court for cert at this point.

The questions presented are:
(1) Whether ICWA applies where the child has not been removed from an Indian family or community.

(2) Whether ICWA’s adoptive placement preferences, 25 U.S.C. § 1915(a), require removal from a foster placement made under 1915(b), for the purpose of triggering the Adoptive placement preferences contained in 1915(a).

(3) Whether the state courts erred in holding that “good cause” to depart from ICWA’s placement preferences must be proved by “clear and convincing evidence”–contrary to the text and structure of the statute and the decision of at least one other state court of last resort–or otherwise erred in their interpretation of “good cause.”

The likelihood of the Court granting this petition is relatively slim. However, the attorney representing the foster parents is the same attorney who represented the birth mother in Adoptive Couple v. Baby Girl. Indian Country should expect no less of an onslaught of media from this case than what happened in that one. The foster parents in this case have used the exact same media strategy. This article in the October ABA Journal Magazine leaves no doubt. None of this should be a surprise to those following the cases filed in the past year, but Indian Country is going to have to find the support for the type of media strategy Choctaw Nation will need to counter the attacks that will come.

There is an alternative summary of the facts that is rooted in the lower court decisions (and reflects the reality that all of the parties except this couple agreed that this little girl’s current placement with her relatives is in her best interests) here.

Anishinabe Legal Services Job Posting

Anishinabe Legal Services is seeking a full-time staff attorney to provide civil legal assistance and court representation to program clients before area Tribal Courts, State Courts and Administrative Forums. 

BACKGROUND:  Anishinabe Legal Services (ALS) is a Legal Services Corporation (LSC) funded 501(c)(3) organization providing free legal assistance and court representation to low-income individuals living on or near the Leech Lake, White Earth and Red Lake Indian Reservations in northern Minnesota.  Legal services are provided through grants and contracts with federal, state and tribal governments along with foundational support.

RESPONSIBILITIES:  ALS is looking for a well-qualified and highly motivated licensed attorney to provide civil legal assistance and court representation to program clients before area Tribal Courts, State Courts and Administrative Forums.  Primary duties will include representation of parents in CHIPS matters before area Tribal Courts, housing and family law, but job duties also include handling a wide variety of civil matters before various forums.

This attorney is expected to be licensed in the State of Minnesota by anticipated start date of position.  This attorney will also be expected to be licensed or willing to immediately become licensed before the Leech Lake, White Earth and Red Lake Tribal Courts.

QUALIFICATIONS:  Qualified applicants must possess strong oral and written communication skills, negotiation skills, litigation skills, have exceptional organizational skills with ability to handle a large caseload of client matters throughout a wide geographic service area.  Applicants must also be able and willing to work efficiently and effectively as part of a team.

Attorneys with 3+ years of civil practice are strongly preferred, as are applicants with familiarity and experience practicing before Tribal Courts.  Prior experience working within Indian Country is also strongly preferred.  Native American attorneys are highly encouraged to apply.

All applicants are expected to have a valid driver’s license, insurance and automobile, as significant travel will be required as part of job duties and responsibilities.

COMPENSATION:  D.O.E.  Benefits include individual and family health and dental insurance, paid time off, and life insurance.

TO APPLY:  Please send a cover letter, resume, and three (3) references to Chari LaDuke-Clark at: Anishinabe Legal Services, PO Box 157, Cass Lake, MN 56633 or email application materials to claduke-clark@alslegal.org.   Applications will be accepted until the position is filled.

Rodina Cave Parnall Joining American Indian Law Center, Inc.

Here (PDF):

cave-parnall-joins-ailc-press-release

More Pleadings in Nooksack v. NICS

Here are the materials in Nooksack Indian Tribe v. Northwest Intertribal Court System:

2-complaint

5-emergency-mot-for-ex-parte-inj

7-decl-of-kc

8-declaration-of-gilliland

9-declaration-of-ames

10-declaration-of-bernard

Florida Court Affirms Immunity of Tribally-Owned LLC

Here is the opinion in Monahan v. Great Plains Lending, LLC (Fla. Cir. Ct.):

ca15-0449_order_granting_defendant_great_plains_lending_

 

Nooksack Tribe Sues Northwest Intertribal Court System in Nooksack Tribal Court

Here is the pleading in Nooksack Indian Tribe v. Northwest Intertribal Courts [sic] System:

5-emergency-mot-for-ex-parte-inj

Lewis v. Clarke Background Materials

Merits Briefs:

Amicus Briefs:

Cert Stage Briefs:

Connecticut Supreme Court materials:

Other materials:

Agua Caliente Band Seeks Assoc. General Counsel

Here is the posting.

Energy Tribes Testify against Federal Oversight in House Resources Committee Hearing

Here is the witness list with links to testimony (and a link to the hearing itself):

The Honorable James M. “Mike” Olguin
Tribal Council Member
Southern Ute Indian Tribe
Ignacio, CO
(Disclosure Form)

The Honorable Jack Ferguson
Confederated Tribes of the Colville Reservation
Representative, Intertribal Timber Council
Nespelem, WA
(Disclosure Form)

Mr. Richard Glenn
Executive Vice President, Lands & Natural Resources
Arctic Slope Regional Corporation
Barrow, AK
(Disclosure Form)

Mr. Louis Denetsosie
President & CEO
Navajo Nation Oil and Gas Co.
Window Rock, AZ
(Disclosure Form)

Mr. Eric Henson
Senior Vice President, Compass Lexecon
Research Affiliate, Harvard Project on American Indian Economic Development
Tuscon, AZ
(Disclosure Form)

Indianz.com Coverage of DAPL Arguments in D.C. Circuit

Here.

The oral argument audio is here.