Author: Matthew L.M. Fletcher

Federal Misdemeanor Information Alleging Impersonating an Indian Artist

Matthew L.M. Fletcher

Here is the paper in United States v. Whetstone (W.D. Mo.):

1 Information

Ninth Circuit Rules in Favor of Idaho in Texas Hold ‘Em Dispute with Coeur d’Alene Tribe

Matthew L.M. Fletcher

here is the opinion. 

Briefs here. 

Salt River Pima-Maricopa Indian Community Seeks Licensed Appellate Judge

Matthew L.M. Fletcher
SALARY: $103,491.00 – $150,061.00 Annually
OPENING DATE: 07/09/15
CLOSING DATE: 08/07/15 11:59 PM
DEFINITION:
Position Summary: Under the administrative direction of the Chief Judge, presides over criminal, civil and juvenile cases as assigned. Responsible for fair and impartial administration of justice pursuant to the judicial powers granted by the Salt River Pima-Maricopa Indian Community (SRPMIC) and  in ensuring SRPMIC adherence to applicable Federal, Tribal and other relevant laws and ordinances.The Licensed Associate Judge is appointed by the Council. This job class is treated as FLSA Exempt.
EXAMPLES OF TASKS:
Distinguishing Features: The Licensed Associate Judge is an integral member of the judicial system and as such serves to ensure the fair and impartial administration of justice.  The Licensed Associate Judge must thoroughly understand the legal system, administration of justice, interpersonal relationships, and dispute resolution as well as appropriate decision making techniques, public safety, and governmental methods of reporting.  Responsible for complex and sensitive legal decisions and judicial rulings on criminal and civil cases as assigned.  The Licensed Associate Judge’s work is reviewed by the Chief Judge through an annual performance review, reports, conferences and meetings.  Judicial conduct is governed by Section 4-25 of the SRPMIC Code of ordinances and the SRPMIC Court Rules of Professional Conduct, Sec 2, Judicial Rules of Professional Conduct.

Essential Functions:  Essential functions may vary among positions and may include the following tasks, knowledge, skills, abilities, and other characteristics.  This list of tasks is ILLUSTRATIVE ONLY and is not intended to be a comprehensive listing of tasks performed by all positions in this classification.

Tasks:

1.Manages and oversees criminal, civil and juvenile cases as assigned by the Chief Judge.    Facilitates and ensures all applicable rules of evidence and other judicial requirements are followed by parties that are in court.

2.If the Tribal Law and Order Act (TLOA) is adopted by the Community, the Licensed Associated Judge would adjudicate TLOA cases.

3.If the Commercial Court is implemented, the Licensed Associate Judge would adjudicate complex commercial transactions that would be pending before the Commercial Court.

4.Assists in the development of court rules of procedure, court policies,and goals and objective to improve operation efficiencies.   At the direction of the Chief Judge,may be asked to assume the duties of the Chief Judge in an “Acting” capacity during the absence of the elected Chief Judge.

5.Manages and maintains regular court case load of non-TLOA cases and fills in as necessary to help avoid court proceeding delays or backlog in court cases.

6.Determines trial procedures and conducts trials, examines evidence, determines validity of allegations, rules on admissibility of evidence, and prepares and issues rulings.

7.Researches legal issues and prepares appropriate legal memoranda, interprets applicable SRPMIC, other tribal jurisdictions, city, state and federal laws and regulations.

8.Drafts and issues court orders and opinions.

9.Directs the preparation and maintenance of records and dockets of actions and courts proceedings in accordance with accepted standards of court procedures.

10.Conducts arraignments, advisement of rights, and sets appearance dates.

11.Presides in jury trials and assists with jury management.  Gives jury instructions on application of facts to law.

12.Executes and issues court processes including, but not limited to, writs, judgments, decrees, arrest warrants, search warrants, subpoenas, summons, long form complaints and civil injunctions.

13.Drafts and issues orders compelling attendance at court proceedings.

14.Determines plea, motion and sentencing issues and authorizes collection procedures.

15.Decides restitution awards, revocation of probation status and bond forfeitures.

16.Sentences defendants in criminal cases in accordance with applicable laws.

17.Sits on appellate panels, if appropriate.

18.Assists in the development and implementation of plans, goals and objectives to ensure the effective and efficient administration of justice.

19.Coordinates with other tribes, federal, state, county and city authorities on court-related and juvenile matters.

20.Attends ongoing training as required by the SRPMIC and pursuant to Chapter 4, Art. 2, 4-22 of the SRPMIC Code of Ordinances.

21.Performs other job related duties as assigned by the Chief Judge to maintain and enhance judicial operations.

Knowledge, Skills, Abilities and Other Characteristics:

  • Knowledge of the SRPMIC ordinances, laws, rules, customs and traditions.
  • Knowledge of State, Federal, and Tribal statutes, codes, and ordinances.
  • Knowledge of general law, court procedures, and rules of evidence.
  • Knowledge of principles of civil and criminal law and appeals problems and procedures and methods of legal research.
  • Knowledge of principles and practices of judicial administration, program planning and development, employee supervision and training.
  • Knowledge of court operations, principles, and practices.
  • Knowledge of the history and culture of the SRPMIC.
  • Skill in oral and written communications to conduct court proceedings and elicit pertinent information from all parties.
  • Skill in establishing and maintaining effective working relationships with other judicial entities, regulatory agencies, staff, government officials, SRPMIC members and the general public.
  • Skill in understanding and interpreting complex statutes, ordinances, laws, acts, regulations and standards.
  • Skill in understanding and applying complex policies, procedures, rules, regulations and guidelines.
  • Skill in determining alternative approaches to problem solving.
  • Ability to hear and decide cases and perform judicial duties in a fair and impartial manner while upholding the integrity and independence of the judiciary.
  • Ability to research, interpret, analyze and apply legal principles to pending cases.
  • Ability to regulate extra-judicial activities to minimize the risk of neglecting or creating a conflict with judicial duties.
  • Ability to effectively communicate, both orally and in writing, with other members of the judiciary, other governmental entities, parties before the Court, and the general public.
MINIMUM QUALIFICATIONS:
Qualifications:

Education & Experience:  The applicant shall meet all the qualifications as set for in Chapter 4, Article 2, 4-22 (D) of the SRPMIC Code of Ordinances as amended.  Such qualifications include:

1.Being thirty (30) years of age or older;

2. Must have graduated from an accredited law school with a Juris Doctorate;

3.Must be a member for at least three (3) years and in good standing with a state bar association;

4.Of good moral character and any assessment of moral character shall be consistent with the customs and traditions of the Akimel O’odham and Xalychidom Piiipaash peoples;

5.Has never been removed for good cause as a judge in jurisdiction;

6.Has never been convicted of a felony in any jurisdiction and has not been convicted of a misdemeanor (not including violations that are generally considered civil  traffic violations) within the past 5 years; and

7.Preference will be given to enrolled members of the Community, the Gila River Indian Community, the Ak-Chin Indian Community and the Tohono O’odham Nation.

8.Serving a one (1) year probationary period;

9.Having never been removed for good cause from a judge position in any jurisdiction;

10.Being subject to SRPMIC administrative policies regarding employees except when such policies are inconsistent with the status and duties of a judge including, but not limited to, employee grievance, recruitment and selection, and underfill policies.  Notwithstanding the administrative policies, Section 4-25 of the SRPMIC Code of ordinance shall apply to all removal or suspension of judges;

11.Being subject to the SRPMIC Court Rules of Professional Conduct, Section 2 Judicial Rules of Professional conduct and as these rules may be amended.
SPECIAL REQUIREMENTS:
Prior to hire as an employee, applicants will be subject to drug and alcohol testing. Will be required to pass a pre-employment background/fingerprint check. Employees are subject to random drug and alcohol testing.

“SRPMIC is an Equal Opportunity/Affirmative Action Employer” Preference will be given to a qualified Community Member, then a qualified Native American and then other qualified candidate.

In order to obtain consideration for Community member/Native American preference, applicant must submit a copy of Tribal Enrollment card or CIB which indicates enrollment in a Federally Recognized Native American Tribe by one of the following methods:

1) attach to application

2)  fax (480) 362-5860

3) mail or hand deliver to Human Resources.

Documentation must be received by position closing date.
The IHS/BIA Form-4432 is not accepted.
Your Tribal ID/CIB must be submitted to HR-Recruitment-Two Waters.
APPLICATIONS MAY BE FILED ONLINE AT:
http://www.srpmic-nsn.gov/employment

OUR OFFICE IS LOCATED AT:
10005 E Osborn Road
Scottsdale, AZ 85256
480-362-7925
480-362-7925
hrrecruitment@srpmic-nsn.gov

Preference will be given to a qualified Community Member, then a qualified Native American and then other qualified candidate.

 Job #100709-150709
LICENSED ASSOCIATE JUDGE
SP

Additional Request to Depublish Cosentino v. Fuller

Matthew L.M. Fletcher2 Comments

Here (from the Viejas Band of Kumeyaay Indians):

Request for Depublication 07 14 15

Prior request for depublication here.

Ninth Circuit Decides Pit River Tribe v. Bureau of Land Management re: Medicine Lake Highlands

Matthew L.M. Fletcher

Here is the opinion. An excerpt from the court’s syllabus:

The panel reversed the district court’s order granting judgment on the pleadings in an action brought by environmental organizations challenging the Bureau of Land Management’s continuation of 26 geothermal leases in northeastern California’s Medicine Lake Highlands.

The panel held that the district court incorrectly treated the environmental organizations’ claims as arising under only § 1005(a) of the Geothermal Steam Act. BLM’s 1998 decision to continue the 26 unproven leases in the Glass Mountain Unit under § 1005(a) was issued simultaneously with its decision to reverse and vacate its earlier decision to extend those leases on a lease-by-lease basis under § 1005(g). The panel held, thus, that the environmental organizations’ challenge to BLM’s decisions issued on May 18, 1998 implicated both § 1005(a) and § 1005(g).

Because BLM must conduct environmental, historical, and cultural review under the National Environmental Policy Act and the National Historic Preservation Act before granting lease extensions under § 1005(g), the panel held that the environmental organizations’ claim fell within § 1005(g)’s zone-of-interests, and the organizations had
stated a claim under § 1005(g).

The panel declined the environmental organizations’ invitation to rule on the merits of its Geothermal Steam Act claims, and remanded for further proceedings.

Briefs:

Pit River Opening Brief

BLM Answer Brief

Pit River Reply

California Tribes Seeking Depublication of Cosentino v. Fuller

Matthew L.M. Fletcher4 Comments

Here is the request to the California Supreme Court for depublication of Cosentino v. Fuller (Cal. Ct. App.) submitted by thirteen California Indian tribes:

Cosentino Request for Depublication – File Endorsed

Here’s an excerpt:

Here, it is undisputed that Plaintiff’s suit rests entirely on the quintessentially sovereign action of the Pechanga Gaming Commission: revocation of Plaintiff’s gaming license.  Opinion, pp. 6-7.  That action cannot be effected by Gaming Commissioners in their personal capacity — only a properly constituted Gaming Commission can revoke a gaming license.  Indeed, Congress has recognized that regulation of gaming on tribal lands is central to tribal self-governance.  25 U.S.C. § 2701. 

Even though it was “the official action of the [Tribe], following [Defendants’] votes, that caused [Plaintiff]’s alleged injury” (Imperial Granite, 940 F.2d at 1271), the Opinion appears to condition an officer’s immunity on the additional showing that the sovereign’s action fell within its authority and was benignly motivated.  Specifically, the Opinion evaluated whether the Tribe’s Commission acted with a retaliatory motive and whether it “revoked [Plaintiff’s] license on a ground identified in the IGRA, the Tribal-State Compact, or the Pechanga Ordinance.”  Opinion, pp. 16-17.  But where, as here, a plaintiff challenges official action of the tribe, the “tribe’s immunity is not defeated by an allegation that it acted beyond its powers.”  Imperial Granite Co., 940 F.2d at 1271.  The Opinion invites courts and litigants to disregard this firmly established protection of sovereign action under the guise of a “masked official capacity suit[].”  Pistor, 2015 WL 3953448, at *5.

 

Here are previous TurtleTalk posts on this matter:

 https://turtletalk.wordpress.com/2015/06/23/california-appellate-court-issues-slightly-modified-opinion-in-cosentino-v-fuller/

 https://turtletalk.wordpress.com/2015/06/18/california-tribes-seek-rehearing-or-depublication-of-official-immunity-ruling/

 https://turtletalk.wordpress.com/2015/05/29/california-appeals-court-holds-pechanga-casino-officials-may-be-sued-in-employment-action/

S’Klallam Tribes Prevail over Lummi in U.S. v. Washington U&A Subproceeding

Matthew L.M. Fletcher

Here are the materials in United States v. Washington subproceeding 11-2 (W.D. Wash.):

164 Jamestown and Port Gamble Motion

167 Lummi Motion

168 Lower Elwha Motion

176 Jamestown and Port Gamble Response

178 Suquamish Response

183 Lower Elwha Response

186 Jamestown and Port Gamble Reply

189 Lummi Reply

193 Lower Elwha Reply

210-Order on SJ

This matter is on remand from the Ninth Circuit, materials here.

Pueblo of Pojoaque v. State of New Mexico Good Faith Negotiations Complaint

Matthew L.M. Fletcher1 Comment

Here:

1 Complaint

An excerpt:

The Pueblo and the State previously negotiated a Class III gaming compact that expired on June 30, 2015. The Pueblo formally requested that the State enter into a compact regarding the Pueblo’s Class III gaming activities on its Indian lands beyond the expiration of the current compact. More than 180 days have expired since the Pueblo made its initial  request. Accordingly, the Pueblo now seeks a determination by this Court that the State has failed to conclude negotiations in good faith. With that determination, the Court has jurisdiction to invoke IGRA’s remedies that will result in a negotiated compact, or submission of last best offers to a mediator (“baseball arbitration”), and/or procedures promulgated by the Secretary of the Interior to govern the Pueblo’s Class III gaming activities.