DOJ Native American Issues Subcommittee Agenda — July 26, 2011

Here:

FINAL OFFICIAL DOJ AGENDA.DAY 1-JULY 26

Forbes Article on DOJ Plan to Expand Prosecutorial Authority in Indian Country

Here.

An excerpt:

Lorena Halwood, who works with domestic violence victims on the Navajo Nation, said family abuse violates not only the law but the traditional Navajo way of life, which preaches harmony and talking with one another to mitigate problems. She stood with others in the Navajo Nation’s capital this week, asking tribal lawmakers to support legislation that would specifically criminalize domestic violence for the first time on the reservation.

“A lot of the victims have come to accept there’s nothing anybody can do,” she said.

Halwood’s work with domestic violence spans 16 years, creating a network of safe houses for victims awaiting transport to one of two shelters on the 27,000-square-mile reservation, the size of West Virginia. She’s seen broken jaws and noses, sexual assault and rape cases, and has made 2 a.m. visits to the emergency room.

Tribal police often are late in arriving to the scene because of the remoteness of the reservation. Halwood said women’s in-laws often blame them for the abuse, and women find it difficult to leave without transportation or a support system.

She welcomed any change that would make offenders realize they’re not getting off with what she says commonly is a slap on the wrist and a warning not to hit a woman again.

“If we have harsher penalties, stiffer sentences, then maybe they’ll see `I’m not supposed to be doing this. The next time I might spend more time in jail away from my family, my children,'” she said.

Navajo Nation Reverses Aggravated Battery Conviction

Here is the opinion in John v. Navajo Nation.

An excerpt:

In this case, the Nation has not filed a brief nor otherwise indicated its interest in participating in the appeal. Previously in Navajo Nation v. Morgan, 8 Nav. R. 732 (Nav.Sup.Ct.2005), we addressed a similar situation in which the Nation, as here, did not file a brief. In Morgan, we stressed “to the Office of the Prosecutor and the Attorney General the importance of participation in appeals, as their responsibilities to the Navajo people should mandate them to take an interest in each case before this Court.” Id. at 736. The Court takes judicial notice that underlying the dispute resolution process of the Diné, there is this expectation: Diné t’áá hat’íshįį yéego bik’í hojiz’ahgo doo éi t’óó bijilkáa’da doołeeł, háálá bila‘ashdla‘ii éi yíní bíighago dilzin dóó baahasti’; doo éi t’óó naaki nilįigo bił hwiizh dooł’aałda. If one brings forth a serious allegation, the accuser is expected to participate in the resolution of the accusation because the truth of the allegation must be determined out of respect and protection of the individual.

Federal Court Decides Concurrent Criminal Jurisdiction Case on Red Lake Reservation

Here are the materials in United States v. Head (D. Minn.):

DCT Order Adopting R&Rs in Head

Magistrate R&R in Head

DOJ Proposes Legislation to Combat Violence against Indian Women

Here:

Justice Department Legislative Proposal on Violence Against Native Women

Minnesota Supreme Court Holds that State May Civilly Commit Minnesota Tribal Members for On-Reservation Crimes

Thanks to N.X.:

Today’s Star Tribune reports that the Minnesota Supreme Court ruled that tribal members aren’t exempt from civil commitment.  The link to the court’s opinion is here.

August 11, 2011 update:

Here is the opinion.

And the briefs:

Appellant’s Brief and Appendix

Appellant’s Reply

Another Federal Court Order on Former Employment and Indian Status of Defense Attorney in Indian Criminal Case

Here is the order in United States v. Tsosie (D. N.M.):

DCT Order on Winder Conduct.

This is similar to an earlier order in 2010 in United States v. Diaz (D. N.M.). In both cases, Sam Winder, the defense attorney, may note his own status as an Indian and a former AUSA during jury voir dire.

Federal Judge Recusal Order in Texas Kickapoo Casino Theft Case

Here is the order in United States v. Garza (W.D. Tex.):

RecusalOrder07.12.11.

And news coverage of the recusal.

Senate Committee on Indian Affairs Hearing on Violence against Indian Women Written Testimony

Here:

Panel #  1

Mr. Tom Perrelli
Associate Attorney General, Ll.S.
Department of Justice, Washington, DC

written testimony

Dr. Rose Weahkee
PH.D.
Division of Behavioral Health, Indian Health Service, Ll.S. Department of Health and Human Services, Washington, DC

written testimony

Panel #  2

The Honorable Donald W. Rodgers
Chief
Catawba Indian Nation, Rock Hill,SC

written testimony

Ms. Carmen O’Leary
Director
Native Women’s Society of the Great Plains, Timber Lake, SD

written testimony

Continue reading

Tom Perrelli’s Written Testimony in the SCIA Today

Here:

Perrelli Testimony FINAL July 14 2011 SCIA

Here is the link to the hearing.