Cal. Superior Court Judges Dismissed Two Challenges to Enterprise Rancheria Gaming Compact Gubernatorial Concurrence

Here:

Citizens for a Better Way v Brown

United Auburn Indian Community v. Brown

News coverage here.

If Turtle Talk Statistics Dictated an Annual Indian Law Conference Agenda…Here Would Be the Fall 2013 Agenda

Panel 1 — Adoptive Couple v. Baby Girl — Christine Nimmo, Jack Trope, and Kate Fort

Panel 2 — Tribal Immunity and Off-Reservation Gaming — Louis Reinwasser, Kathryn Tierney, Lynn Slade

Panel 3 — Indian Country Payday Lenders — Butch Webb, John Peebles, Nathalie Martin

Panel 4 — Tribal Banishments in Response to on-Reservation Drug Crimes — Lac du Flambeau, Tulalip, and Hoopa tribal leaders and/or counsel

Panel 5 — Maxwell v. County of San Diego: Ninth Circuit Decision Abrogating Tribal Official Immunity — Bill Wood, John LaVelle, Thomas Murphy

Panel 6 — Policing American Indian Cultural Property — Suzan Shown Harjo, Angela Riley, Rep. Eni F.H. Faleomavaega

Panel 7 — Policing Violence against Indian Women — Sarah Deer, Christi Belcourt, Sam Hirsch

Panel 8 — Tribes, States, and Taxes — Gabriel Galanda, Shana Barehand, Mary Streitz

Break-out Panel 1 — United States v. Washington Culverts Subproceeding — John Sledd, Mason Morisset, Fronda Woods

Break-out Panel 2 — Intra-tribal Leadership Disputes and the Banks Who Love Them — Christine Swanick, Rob Rosette, James Burson

Break-out Panel 3 — Update on Great Lakes Treaty Rights Politics and Litigation — Jim Schlender, Colette Routel, Charles Cleland

Break-out Panel 4 — Federal Trust Land Acquisitions — Frank Pommersheim, Bryan Newland, Alex Skibine

This was all Adrea Korthase’s idea, so kudos to her. Izhaadaa giizhigowande.

 

SCOTUSBlog Petition of the Day: Nebraska v. Elise M.

Here:

The petition of the day is:

12-1278

Issue: (1) Whether the Indian Child Welfare Act, 25 U.S.C. §§ 1901-63, prohibits a state court from considering the “best interests of the child” when determining whether “good cause” exists to defy the transfer of an ongoing child welfare case; and (2) whether ICWA requires a state court to treat a motion to terminate parental rights as a “new proceeding” for the purposes of determining whether “good cause” exists to defy the transfer of an ongoing child welfare case.

Possibly a candidate for a CVSG.

6th Annual Tribal Leadership Conference: Transitions — Sept. 24-25, 2013

Here is the agenda.

6th Annual Transitions Draft Agenda 9-17-13_Page_1  Continue reading →

Pine Ridge Voting Rights Act Concludes

News coverage here. South Dakota will provide an in-person absentee voting station in Shannon County (Pine Ridge Reservation) for the same number of days as all other areas — 46 days as required under state law — compared to the six days provided to Pine Ridge. South Dakota, after the conclusion of the case, asked for costs; Judge Schreier denied that motion.

Here are the materials in Brooks v. Gant (D. S.D.):

159 DCT Order Dismissing Complaint wo Prejudice

161 South Dakota Bill of Costs

161-1 Exhibit

162 Objection

163 DCT Order Denying Bill of Costs

An excerpt from docket number 163:

Under the facts of this case, it would be unjust to require plaintiffs to pay defendants’ costs. Defendants refused to provide plaintiffs with the relief they requested until this lawsuit was filed. It was only when defendants faced actual litigation that defendants were able to work cooperatively with each other to provide the relief sought by plaintiffs. Additionally, plaintiffs stood to gain nothing personally from this Voting Rights Act litigation. The action was brought by individual plaintiffs, all of whom are persons without great means, to vindicate the voting right of all Native Americans who live on the Pine Ridge Indian  Reservation. Defendants on the other hand, who are being represented by the South  Dakota Public Assurance Alliance, have the wherewithal to afford to pay their share of the costs associated with this litigation. Had defendants voluntarily agreed to provide the relief requested by plaintiffs when approached before the litigation was filed, they could have  avoided the costs they are now seeking.

Noah Cooper Obituary, with Special Comments

Here.

This was posted at the Lansing State Journal by Shauna Whitepigeon in honor of Noah Dobson-Cooper who died unexpectedly on Sunday, September 15, 2013.

Noah Dobson Cooper was loved by all that had the pleasure to know him. He was a shining light in the world and a treasure that will be sorely missed. He was an East Lansing native and graduated from East Lansing High School, where he marched in the drum line, played the sax in band, and played tennis, and soccer.

He went to MSU and graduated from the James Madison College with a degree in Comparative Cultures and Politics. He was currently studying at MSU College of Law with a focus on the Indigenous Law Program. He was a member of NALSA and NAISO, and worked on the MSU Pow Wow of Love. He aspired to work for Michigan Native American Tribes and dreamed of a more environmentally conscious world.

He loved music and was a magnificent pianist, saxophonist, drummer, and singer. He loved to travel the world, and meet new people and make new friends. He made you feel welcome and it was just in his nature to help people. He was a kind soul and had that special something about him. He was my best friend and more, and I all always cherish the time I was blessed with him. I will always keep him in my heart.

Please keep his family, friends and fellow students in your prayers.

Navajo Nation Press Release on Chastity Bedonie

Navajo Nation Washington Office
Thursday 19, September 2013
Contact: Jared King
Communications Director
Navajo Nation Washington Office
Cell 202-200-0625
For Immediate Release
Navajo Nation Washington Office Issues Statement on the Passing of Native Advocate Chastity Bedonie
WASHINGTON—The Navajo Nation Washington Office is deeply saddened by the loss of Chastity Bedonie, a citizen of the Navajo Nation and a long time resident of Washington, DC. She died Sept. 15 in Baltimore, Md., following a brief illness.
She was born August 20, 1975 in Tuba City, Ariz., and was raised in Farmington, N.M. She was Todich’iinii (Bitter Water Clan), born for Nashashi (Bear Clan). She was 38.
“We extend our condolences and deepest sympathies to the family and friends of Chastity. She was a remarkable attorney and a staunch advocate for Native issues,” said Navajo Nation Washington Office executive director Clara Pratte.
She obtained her bachelor’s of arts degree in Physics from Bryn Mawr College, and her juris doctor from the University of California Los Angeles School of Law.
At the time of her passing she was an attorney at the U.S. Department of the Interior in the Office of the Secretary. Prior to her role at the department, she served on the staffs of former Rep. Brad Carson, D-Okla., the National Indian Gaming Commission, the U.S. Senate Committee on Indian Affairs, and with Akin Gump Strauss Hauer & Feld. Chastity was a former treasurer of DC’s Native American Bar Association. Chastity was also a Morris K. Udall Native American Congressional Intern.
“Chastity Bedonie was a highly regarded and widely respected professional who was deeply committed to helping Indian Country. I gained a deep appreciation for her through our many opportunities of working together on important legal and legislative issues. On behalf of all Indian Affairs employees, I want to extend our deepest condolences to Chastity’s family at this difficult time,” said Assistant Secretary of Indian Affairs Kevin K. Washburn.
Bedonie is survived by her mother Hilda Greyeyes of Kayenta, Ariz., brother Theo Bedonie; and sisters Michelle Bedonie, Sherrie Bedonie and Brielle Bedonie, all of Farmington, N.M.
Bedonie was preceded in death by her father Timothy Bedonie of Bellemont, Ariz.
Late in the afternoon Friday, Sept. 20, 2013 the friends and co-workers at the Department of the Interior, Office of Indian Affairs will host a Memorial Ceremony to honor Chastity and her many years of hard work for Indian Country and our Nation. For more information about the memorial contact the Navajo Nation Washington Office at 202-682-7390.
Funeral arrangements will be made by Desert View Funeral Home in Shiprock, N.M. Donations and messages to the family can be made at this website.
###

Ponca Tribe of Nebraska Seeking Trial and Appellate Judges

Here (PDF):

judge vacancy 2013 0903_Page_1 judge vacancy 2013 0903_Page_2

Agenda and Flyer for CU Law’s “Free Prior & Informed Consent: Pathways for a New Millennium” — Nov. 1, 2013

Here (PDF):

Agenda 9.16.13_Page_1 Agenda 9.16.13_Page_2

NCAI Press Release in Support of Diane Humetewa and John Tuchi Federal Judicial Nominations

NCAI Applauds President’s Nominations of Diane Humetewa and John Tuchi for Federal District Court Judge in Arizona; 
Confirmation will make Humetewa First American Indian Woman Federal Judge
 
Washington, DC – The National Congress of American Indians (NCAI) has endorsed President Obama’s nomination of Diane J. Humetewa from the Hopi Tribe to serve as a United States District Court Judge for the District of Arizona. Senator John McCain of Arizona is credited with recommending the nomination. Upon confirmation, Humetewa will be the first American Indian woman in history to serve as a federal judge. Humetewa served as the United States Attorney for the District of Arizona from 2007 to 2009 under President George W. Bush.
 
NCAI also endorsed the President’s nomination of John Joseph Tuchi to serve as a United States District Court Judge for the District of Arizona. Tuchi’s service as Tribal Liaison from 2009-2012 demonstrated his knowledge of federal Indian law and his commitment to the critical role of tribes in the American family of governments. His nomination has the strong support of tribes in Arizona.
 
“These nominations are a significant step forward for Indian Country. Diane Humetewa is highly qualified and has been recognized and nominated for important federal positions by both Present Obama and President Bush. John Tuchi is highly qualified and has a strong record of upholding the trust responsibility to tribal nations. NCAI endorses the President’s nominations and we urge the Senate to move quickly to confirm them both,” said NCAI President Jefferson Keel.
 
“This also represents a great step forward for the federal courts. For many years we have stressed the importance of including Native Americans in the federal judiciary. Senator McCain should be applauded for recommending the nomination of Ms. Humetewa,” added Keel. “We have also underscored the need for all federal judges to understand federal Indian law. Mr. Tuchi has a firsthand understanding of the importance of federal Indian law, an asset that is far too rare among federal judges.”
 
NCAI First Vice Present Juana Majel also praised the nomination of Humetewa. “In 2013 we have witnessed the passage of the Violence Against Women Act Reauthorization that included extraordinarily important protections for Native women. With the nomination of Diane Humetewa to be the first Native woman to be a federal judge, 2013 is truly a landmark year for Native women.”
 
Biographies provided by the White House:
Diane J. Humetewa: Nominee for the United States District Court for the District of Arizona
Diane J. Humetewa currently serves as Special Advisor to the President and Special Counsel in the Office of General Counsel at Arizona State University.  She is also a Professor of Practice at Arizona State University’s Sandra Day O’Connor College of Law.  From 2009 to 2011, Humetewa was Of Counsel with Squire, Sanders & Dempsey LLP.  She worked in the United States Attorney’s Office in the District of Arizona from 1996 to 2009, serving as Senior Litigation Counsel from 2001 to 2007 and as the United States Attorney from 2007 to 2009.  During her tenure in the United States Attorney’s Office, Humetewa also served as Counsel to the Deputy Attorney General from 1996 to 1998.  From 1993 to 1996, she was Deputy Counsel for the United States Senate Committee on Indian Affairs.  Humetewa received her J.D. in 1993 from Arizona State University College of Law and her B.S. in 1987 from Arizona State University.  She is a member of the Hopi Indian Tribe and, from 2002 to 2007, was an Appellate Court Judge for the Hopi Tribe Appellate Court. 
 
John Joseph Tuchi: Nominee for the United States District Court for the District of Arizona
John Joseph Tuchi has been an Assistant United States Attorney in the District of Arizona since 1998.  He currently serves as Chief Assistant United States Attorney in the office and has previously served as Interim United States Attorney in 2009, Senior Litigation Counsel and Tribal Liaison from 2009 to 2012, and as Chief of the Criminal Division from 2006 to 2009.  Tuchi also worked as an associate at the law firm of Brown & Bain, P.A. from 1995 to 1998.  He began his legal career as a law clerk for Judge William C. Canby of the United States Court of Appeals for the Ninth Circuit.  Tuchi received his J.D. magna cum laude in 1994 from Arizona State University College of Law, his M.S. in 1989 from the University of Arizona, and his B.S. in 1987 from West Virginia University.