Author: Matthew L.M. Fletcher

NAICJA Training: Holistic Approach to Civil and Criminal Legal Assistance in Tribal Justice Systems — May 27-28, 2014

Matthew L.M. Fletcher

Here:

NAICJA Training Event in Marysville WA-Remaining Space

Description:

This training, which NAICJA developed with a BJA grant, will highlight successful models that illustrate that various components of a justice system (e.g., codes, court rules, court procedures, legal assistance, corrections, probation, etc.) must be considered as a whole rather than as stand-alone services. The goal of this training is to bring together teams of  tribal justice stakeholders from various communities in order to examine and strategize on how criminal and civil legal assistance and access to these services can be provided and  improved through a collaborative, holistic approach. The training will also highlight the Tulalip Tribe’s justice system and the Salish and Kootenai’s Office of Public Defense, and key players from various components of the justice system will serve as panelists. Each jurisdictional team will ideally consist of a tribal judge, prosecutor, tribal attorney general, public defender/legal aid advocate, probation officer, and/or a tribal leader working with the same tribe. Individuals without a jurisdictional team are also encouraged to attend.

The training is free, but invitees must cover the cost of their travel, food, and lodging.  Please contact Nikki Borchardt Campbell if you would like to register, nikki@naicja.org. NAICJA will continue registering attendees on a first come, first serve basis until all the remaining space is filled. Hotel accommodations are available at the Tulalip Resort and Casino for $139 per night, plus tax. Call 1-866-716-7162 for reservations. Participants must identify themselves with being with the National American Indian Court Judges Association.

Tenth Circuit Briefs in Becker v. Ute Indian Tribe — Former Employee Contract Claims

Matthew L.M. Fletcher1 Comment

Here:

Becker Opening Brief

Ute Brief

Becker Reply Brief

Lower court materials here.

Proposed Part 83 Changes to Federal Acknowledgment Process

Matthew L.M. Fletcher

Proposed Rule here:

2014-05-22 Proposed Rule 25 CFR 83

Related materials:

Comparison Chart 05-22-14

Frequently Asked Questions on Proposed 25 CFR 83

Summary of Comments and Responses on Part 83 Discussion Draft

Press release here:

Interior Proposes Reform of Federal Acknowledgment Regulations

Proposed rule would address “broken” process

Washington, D.C. — Secretary of the Interior Sally Jewell and Assistant Secretary-Indian Affairs Kevin K. Washburn today announced publication of proposed regulations that would reform the 35-year old process by which the Department of the Interior officially recognizes Indian tribes. Federal acknowledgment establishes the U.S. Government as the trustee for Tribal lands and resources and makes Tribal members and governments eligible for federal budget assistance and program services.

“President Obama believes that reforming the federal acknowledgment process will strengthen our important trust relationship with Indian tribes. Acknowledgment by the Department of the Interior confirms the existence of a nation-to-nation relationship between an Indian Tribe and the United States,” said Secretary Jewell. “Through this Administration’s outreach initiatives, tribal leaders have told us that the current process can be inconsistent, cost millions of dollars and take decades to complete. Our proposed rule maintains the rigorous integrity needed, but allows that process to be conducted in a timely, efficient and transparent manner.”

The existing regulations, known as “the Part 83 process”, were originally adopted in 1978 and were updated only once 20 years ago. Prior to that, Interior had addressed requests for Tribal acknowledgment on a case-by-case basis. While the 1978 regulations established a structured process for federal acknowledgment, these regulations have been widely criticized as being too time-consuming, sometimes arbitrary and generally “broken.”

Continue reading →

50 Senators Urge Washington Football Team to Change Nickname

Matthew L.M. Fletcher

From the NYTs, “Citing N.B.A. Example, Senators Urge N.F.L. to Act on Redskins’ Name.”

Minn. Public Utilities Commission Rejects Treaty Rights Argument to Enbridge Pipeline

Matthew L.M. Fletcher

Here are the materials:

1 Honor the Earth Petition to Intervene

2 Honor the Earth Jurisdiction Memorandum

3 North Dakota Pipeline Company Response

4 Honor the Earth Reply

5 White Earth Band Ojibwe Intervention

6 PUC Order

News coverage here. HT to Pechanga.

Tulalip Tribes Attorney Job Posting

Matthew L.M. Fletcher

Here: LOH LAV Attorney Job Description_Final 5-1-14

The Tulalip Tribes seeks an attorney to work for the Legacy of Healing Legal Advocacy Project.

The Tulalip Tribes Legacy of Healing (LOH) Program initiated services in 1998 through the STOP Violence Against Indian Women grant.  LOH seeks to ensure the rights of all individuals to a safe and secure environment and to empower those who are being oppressed by reducing trauma and ending re-victimization resulting in the protection of future generations. The LOH Legal Advocacy Project is a new grant project funded by the Department of Justice Office on Violence Against Women.  The LOH Legal Advocacy Project will provide holistic legal representation to victims of domestic violence, dating violence, sexual assault, and stalking.

The LOH Legal Advocacy Project will be supported by the Tulalip Office of Civil Legal Aid (TOCLA).  TOCLA focuses on civil legal issues that affect tribal members’ safety, family, and access to services and education.  In cooperation with TOCLA, the LOH Legal Advocacy Project will deliver a responsive system to victims with immediate access to legal services. Continue reading →

Opening Eighth Circuit Brief in Smith v. Parker — Formerly a Tribal Court Jurisdiction Matter, Now a Reservation Boundaries Matter

Matthew L.M. Fletcher

Here:

Nebraska Opening Brief

Lower court materials and links to prior iterations of this case here.

Appeal Filed against Shingle Springs Disenrollment Action

Matthew L.M. Fletcher1 Comment

Here is the appeal brief in May Cook Keola Family Descendants v. Shingle Springs Tribal Council (Shingle Springs Tribe Court):

4 29 14 Cook Family Appeal

News Profile of Tribal Sovereignty in South Dakota

Matthew L.M. Fletcher

Here. “What is tribal sovereignty?”

Databook of the US Censuses and the American Community Survey 1990 – 2010

Matthew L.M. Fletcher

Randall K.Q. Akee & Jonathan B. Taylor have published “Social and Economic Change on American Indian Reservations: A Databook of the US Censuses and the American Community Survey 1990 – 2010.”

An excerpt from the summary:

The fortunes of Indians on reservations continue to lag those of other racial and ethnic groups tracked by the census in the United States. The per capita income of Indians on reservations, for example, has been less than half the US average, consistently falling far below that of Hispanics, African Americans, Asian Americans, and Indians living elsewhere. Nonetheless, in recent decades, tribes have made progress in income growth and other measures. This databook—research made possible with funding from the Sycuan Institute on Tribal Gaming—documents how and where change has taken place.