Frank and Rochelle Ettawageshik
The “Indigi-Sisters”, including Eva Petoskey, Linda Woods, and Arlene Kashata
Owen and Emmett advertising for their mom and dad’s talks
Author: Matthew L.M. Fletcher
Alaska SCT Vacates Restrictive Visitation Schedule Involving Fort Peck Father
Here is the opinion in Red Elk v. McBride.
An excerpt:
Two parents disputed the legal custody and visitation rights for their
daughter; the mother resides in Homer and the father resides on the Fort Peck Indian
Reservation in Montana. The superior court awarded sole legal custody to the mother
because it concluded that the parties could not communicate effectively to co-parent their
daughter. The court ordered unsupervised visitation between the father and the daughter
in Alaska, but prohibited visitation on the reservation until the daughter turned eight. Although the superior court did not abuse its discretion when it decided legal custody,
it failed to fully justify its decision when creating its restrictive visitation schedule and
allocating visitation expenses. Consequently we remand for further proceedings
consistent with this opinion.
Evelyn Stevenson Walks On — Original Proponent of ICWA
Evelyn Stevenson, longtime tribal attorney, advocate and original proponent of the Indian Child Welfare Act, passed away on March 12, 2015 at 9:11am in Ronan, Montana on the Flathead Indian Reservation. Evelyn was a member of the Confederated Salish and Kootenai Tribes and was the second tribal member, and first tribal member woman, to become a licensed attorney.
A wake will begin at noon on Sunday, March 15, 2015 in the Elmo Community Hall in Elmo, Montana (phone number: 406.849.5505). A rosary will begin at 8:00pm that evening. The funeral will be held at the Elmo Community Hall on Monday, March 16th at 11:00am, followed by burial at the Ronan Cemetery.
Details on here career here.
Oklahoma Appellate Court Finds Apache Tribe Waived Immunity in Suit to Collect Arbitration Award
Here is the opinion in Wells Fargo Band NA v. Apache Tribe of Oklahoma:
An excerpt:
This case arises from Wells Fargo Bank’s efforts to collect the balance of a $4,365,000 loan to the Apache Tribe of Oklahoma. The Tribe appeals various rulings of the district court in these consolidated appeals.1 Principally, the Tribe challenges the district court’s Judgment confirming an arbitration award in favor of the Bank, arguing it did not waive sovereign immunity or consent to be sued in Oklahoma district court. We find that there was a valid and express waiver of the Tribe’s sovereign immunity, that the Tribe’s agreement to arbitrate this dispute with the Bank is enforceable and that the arbitrator did not exceed his authority in awarding the Bank the unpaid balance of its loan. Therefore, the district court’s Judgment confirming that portion of the arbitration award is affirmed as are the subsequent orders issued in aid of the Bank’s effort to collect its Judgment
Bishop Paiute Tribes Sues Inyo County for Prosecuting Tribal Police Officer
Here is the complaint in Bishop Paiute Tribe v. Inyo County (E.D. Cal.):
An excerpt:
This action is for declaratory and injunctive relief by the Bishop Paiute Tribe (“Tribe”), a federally recognized Indian Tribe, against Inyo County, the Inyo County’s Sheriff and District Attorney, for the arrest and prosecution of a Bishop tribal law enforcement officer for performing his duties on the Tribe’s Reservation. The Tribe seeks an order declaring that Defendants are interfering with the Tribe’s inherent sovereign authority to take action, defined by federal law, against non-Indians perpetrators on tribal lands. Federal law establishes that tribes have inherent authority over non-Indians on tribal lands to stop, restrain, detain, investigate violations of tribal, state and federal laws, and deliver or transport the non-Indian to the proper authorities. Duro v. Reina, 495 U.S. 676 (1990), Ortiz-Barraza v. United States, 512 F. 2d 1176 (9 th Cir. 1975). Defendants have arrested, and criminally charged, Daniel Johnson, a duly authorized Bishop tribal law enforcement officer, while he was executing federal prescribed police duties against a non-Indian, on the Tribe’s Federal Reservation.
News coverage here.
Former Picayune Rancheria Council Member Sues Interior Secretary over Removal from Council
Here is the complaint in Hammond v. Jewell (E.D. Cal.):
Reposting for Nottawaseppi Huron Band Potawatomi Associate Judge
POSTING FOR THE
ASSOCIATE JUDGE OF THE NOTTAWASEPPI HURON BAND OF THE POTAWATOMI TRIBAL COURT
SUMMARY:
The Nottawaseppi Huron Band of the Potawatomi seeks an Associate Judge of the Tribal Court to be appointed for an initial term of two (2) years. This is a part-time position (estimated 25 hours per month) and will be compensated on an hourly basis.
The NHBP Constitution requires that the Chief Judge, Supreme Court Justices and Associate Judges must: have attained the age of thirty (30); be a licensed attorney in good standing; cannot be a Member of Tribal Council or running for a Tribal Council position or a Tribal employee; and never been convicted of, or entered a plea of guilty or no contest to, a violent crime, felony, or a crime of fraud. Candidates must have experience in the practice of Indian law, whether in tribal, state or federal court(s). Judicial experience and 5 or more years experience as a licensed attorney and/or judge is preferred.
Applicants must submit a letter of interest, resume/curriculum vitae and complete the Affirmation(s) that the applicant meets the requirements for appointment under NHBP Constitution. Documents must be submitted to the Legal Department no later than 5:00 P.M. on March 18, 2015. Applications may be submitted via mail or e-mail to: William Brooks, NHBP Chief Legal Counsel at: 1485 Mno-Bmadzewen Way, Fulton, MI 49052 or bbrooks@nhbpi.com. Applicants will also be required to submit to a background investigation and drug screen before confirmation of appointment.
For more information, including copy of the Affirmation form(s) to be completed as part of the application process, please visit the NHBP Legal Department website at: http://nhbpi.com/support/legal/
2015 Wisconsin ILSA Coming Together of Peoples Conference Agenda — March 20-21, 2015
Here (PDF):
Paskenta Band Files RICO Action against Former Leaders and Officials
Here is the complaint in Paskenta Band of Nomlaki Indians v. Crosby (E.D. Cal.):
An excerpt:
Through this action the Paskenta Band of Nomlaki Indians (the “Tribe”), on behalf of its three hundred plus Tribal members, together with its principal business vehicle, the Paskenta Enterprises Corporation (“PEC”) seek to hold responsible a cadre of individuals who, over the course of approximately 17 years, took over control of the Tribal government and PEC. Through a concerted and systematic program of fraud, coercion, intimidation, extortion, bribery and deception, these individuals stole and otherwise diverted tens of millions dollars in Tribal money for their own personal benefit, as well as for those who substantially assisted them in this scheme.
News coverage here.
Gila River Trust Breach Claim against IHS Dismissed; Claim for Reimbursement May Proceed
Here are the materials in Gila River Indian Community v. Burwell (D. Ariz.):
Turtle Talk 
You must be logged in to post a comment.