Criminal

VAWA Reauthorization Bill to be Considered by Rules Committee Today at 5PM

Matthew L.M. Fletcher1 Comment

Here is the House Bill:

BILLS-112-HR4970RH

H.R. 4970, the VAWA reauthorization bill will be considered by the Rules Committee today at 5pm.  The hearing can be viewed at: http://rules.house.gov/Legislation/hearings_details.aspx?NewsID=834

Instead of the three tribal provisions in S. 1925 that would:

  • Provide Indian tribes criminal jurisdiction over domestic violence, dating violence, and violations of protective orders that occur on Indian lands;
  • Provide Indian courts civil jurisdiction to issue and enforce protection orders. Excludes Indian courts in Alaska from that jurisdiction, except with respect to the Metlakatla Indian Community, Annette Islands Reserve.
  • Amend the federal criminal code to increase the maximum federal penalties for assault convictions.

H.R. 4970 (above) instead includes section 905 that authorizes and encourages the Attorney General to appoint U.S. Attorney Tribal Liaisons in each judicial district that includes Indian Country to serve a domestic violence tribal liaison.  The duties of the tribal liaison include:

  • Encouraging and assisting in arrests and Federal prosecution for crimes, including misdemeanor crimes, of domestic violence, dating violence, sexual assault, and stalking that occur in Indian country.
  • Conducting training sessions for tribal law enforcement officers and other individuals and entities responsible for responding to crimes in Indian country to ensure that such officers, individuals, and entities understand their arrest authority over non-Indian offenders.
  • Developing multidisciplinary teams to combat domestic and sexual violence offenses against Indians by non-Indians.
  • Consulting and coordinating with tribal justice officials and victims’ advocates to address any backlog in the prosecution of crimes, including misdemeanor crimes, of domestic violence, dating violence, sexual assault, and stalking that occur in Indian country.
  • Developing working relationships and maintaining communication with tribal leaders, tribal community and victims’ advocates, and tribal justice officials to gather information from, and share appropriate information with, tribal justice officials.

VAWA’s Tribal Provisions Better Protect Native Women Locally

Kirsten Matoy Carlson1 Comment

On May 8th, the House Judiciary Committee marked up and passed H.R. 4970, a stripped-down Violence Against Women Reauthorization Act (VAWA) that excludes a number of key provisions found in the Senate bill, including those bearing on the safety of Native women and communities. Get informed! Visit www.indianlaw.org for more information on how to get involved.

The full House of Representatives is expected to vote on its VAWA reauthorization bill soon — as early as mid week.

Federal Misdemeanor DV Conviction in Western District of Michigan

Matthew L.M. Fletcher

Here is the order in United States v. Booth (W.D. Mich.):

US v Booth

Prisoner Case against Riverton Chief of Police Dismissed (Wind River Jurisdiction Issue)

Matthew L.M. Fletcher

Here are the materials in Dewey v. Riverton Chief of Police (D. Wyo.):

DCT Order Dismissing Dewey Complaint

Wyo. Motion to Dismiss

 

 

Gary Kovall Indictment (29 Palms Bribery Case)

Matthew L.M. Fletcher

Here:

Kovall et al Indictment

We noted the press coverage here.

Tenth Circuit Affirms Nambé Pueblo Tribal Court Conviction

Matthew L.M. Fletcher2 Comments

Here is yesterday’s opinion in Romero v. Goodrich.

Briefs are here.

An excerpt:

Ronald F. Romero, an enrolled member of the Pueblo of Nambé, through counsel filed a petition for a writ of habeas corpus pursuant to 25 U.S.C. § 1303 to seek relief after a tribal court conviction. The district court dismissed Romero’s petition as moot after the Pueblo commuted Romero’s sentence to time served and released him from tribal custody. We have jurisdiction pursuant to 28 U.S.C. § 1291, and affirm.

Tenth Circuit Affirms General Crimes Act Conviction at Pojoaque Pueblo

Matthew L.M. Fletcher

Here is the opinion in United States v. Diaz. And the briefs:

Diaz Opening Brief

US Response Brief

Diaz Reply Brief

An excerpt:

Linda Diaz was convicted of knowingly leaving the scene of a car accident where she hit and killed a pedestrian. The accident occurred on the Pojoajue Pueblo Indian reservation. She was charged with committing a crime in Indian Country under 18 U.S.C. § 1152. On appeal, among other issues, Diaz contends the federal court lacked jurisdiction over the crime because the government failed to prove that the victim was not an Indian, a jurisdictional requirement under § 1152.

We conclude the government met its burden of proof. The testimony of the victim’s father provided enough evidence for a jury to conclude the victim was not an Indian for purposes of the statute. We also conclude the district court did not err in its rulings on various other evidentiary and trial issues.

News Coverage of FBI Investigation of Former Pequot Leaders

Matthew L.M. Fletcher1 Comment

Here, via Pechanga.

And here are the bankruptcy petitions of Michael and Steven Thomas (Steven’s failed):

Michael J. Thomas Bkrcy Petition

Steven J. Thomas Bkrcy Petition

Eid/Heffelfinger Letter to the House re: VAWA Reauthorization

Matthew L.M. Fletcher

Here:

VAWA 4.30.12 Support Ltr

Opposition Letter to Title IX of VAWA Reauthorization from Federal Defenders (and Commentary)

Matthew L.M. Fletcher3 Comments

Here:

NACDL and NAFD VAWA Letter 4 23 12

I find it odd that there’s such a heavy reliance on the testimony from the 1960s in the years leading to the passage of the Indian Civil Rights Act in this letter. Barbara Creel’s work is much more formidable and persuasive, probably because it’s not such a direct assault on all tribal courts using such broad (and now largely inaccurate) generalizations. Later this week, I’ll be presenting a paper about the 1977-79 NAICJA study on tribal courts where David Getches pointed out the direct analogy between tribal and rural justices systems — that analogy is still present, with all its plusses and minuses. I am persuaded that that’s a much more direct analysis (see also here). Most tribal courts aren’t going to be like federal courts; neither are magistrates and JOPs in rural New York or Iowa or Arizona.

Tova Indritz’s efforts to criticize the Tribal Law and Order Act a few years back are in this hearing:

TLO House Judiciary Hearing (Dec 2009)