judges

NAICJA Joins Forces with NCJFCJ

Victoria Sweet

Link to Announcement: here

Boulder, CO: The National American Indian Court Judges Association (NAICJA) is pleased to announce that a Memorandum of Understanding (MOU) has been memorialized establishing a working relationship between NAICJA and the National Council of Juvenile and Family Court Judges (NCJFCJ). Importantly, the MOU provides for joint membership in the two organizations, allowing NAICJA members access to the resources of both national judicial membership organizations.

 Established in 1969, NAICJA is a non-profit corporation and the only membership association of tribal court judges and tribal court personnel in the nation. NAICJA’s current projects and goals are concerned with: advocating on behalf of tribal justice systems; securing necessary funding for tribal justice systems so they may continue to excel; providing education and training to tribal judiciaries; providing networking and mentorship opportunities for tribal judiciaries; and improving cooperation between tribal, state, and federal judiciaries.

 The NCJFCJ, established in 1937, is a non-profit corporation with a primary focus on improving juvenile and family court system practice in the handling of cases involving children, families, and victims of domestic violence. As one of the oldest judicial membership organizations in the nation, the NCJFCJ is unique as a leader in providing continuing education, technical assistance, research, and policy development in the field of juvenile and family justice. Among the myriad current NCJFCJ initiatives, several align closely with NAICJA’s projects and goals and hold promise for potential application and implementation in Indian Country, including: a national network of more than 100 juvenile and family courts that develop and test promising practice; the Juvenile Drug Court Training and Technical Assistance Project; the Resource Center on Domestic Violence: Child Protection and Custody; and the Family Court Enhancement Project.

 Beginning on June 1, 2016, new or renewing members of the NAICJA interested in joint membership will pay a $215 fee directly to NAICJA (existing NAICJA members should contact NAICJA directly for details on upgrading to a joint membership).

 NAICJA is excited to join forces with the NCJFCJ as the two organizations work to strengthen the functions and collaborative opportunities of state and tribal court systems, especially as they pertain to juvenile and family courts. NAICJA encourages its members to take advantage of the joint membership opportunity and the incredible resources available from the NCJFCJ.

 

Contact Information: 

Justice Richard Blake

President, Board of Directors

National American Indian Court Judges Association

Email: president@naicja.org

BPhone: (303) 449-4112

Judge Agrees to Sanctions in Oglala Sioux v. Van Hunnik

Sarah M Donnelly

Materials in re Oglala Sioux Tribe et. al. v. Van Hunnik et. al. (D. S.D.):

Doc 114 – Plaintiffs’ Motion For Sanctions

Doc 237 – Plaintiffs’ Stipulation to Dismiss Motion for Sanctions

Doc 238 – Order Granting Relief

Link to previous case postings here.

2016 NNALSA Moot Court Request for Judges

Sarah M Donnelly

Link to announcement here.

Link to registration here.

This year’s competition is March 5-6 at Michigan State College of Law.

County Court Awards $109 Million Against Tribal Member

Sarah M Donnelly

Link to Journal Entry of Judgment by Default in the matter of Whitebird v. McKinney (12/11/2015) here.

Link to Topeka Capital-Journal coverage here.

Excerpts from judgment:

Exhibit 4 which represents information published in the Kansas Register authorizing the daily rate for Kansas Neurological Institution in Topeka, Kansas.  KNI is a residential health care facility for profoundly disabled individuals.  Exhibit 4 also represents an estimate of projected future cost of care in an institution similar to KNI in Topeka, Kansas, to the age of 68 that totals $104,160,411.68.

Exhibit 5 is a medical cost projection for severely disabled individuals through the age of 77 that totals $5,020,246.00.  This projection does not include cost of full-time attendant care that Romeo Whitebird will need the rest of his life.

Plaintiffs don’t believe they will recover the full award, but the judgment secures any future earnings from income or oil royalties from the Three Affiliated Tribes member who is serving nine years for abusing the, then, seven-month-old.

NAICJA Board of Directors Unanimously Support AG and ILOC Reports

Sarah M Donnelly

Resolution No. 2015-01
Resolution No. 2015-02

The National American Indian Court Judges Association are supporting the Indian Law and Order Commission’s November 2013 report entitled “A Roadmap for Making Native America Safer,” which “advocates for tribal justice systems to have the ability to fully express their sovereignty by opting out of the current jurisdictional maze, and exercise criminal jurisdiction over all persons without any sentencing limitations, including juveniles.”  However, NAICJA prefers that all individuals charged with crimes under this enhanced tribal jurisdiction be provided with civil rights protections equivalent to those guaranteed by the Indian Civil Rights Act, instead of the U.S. Constitution.

NAICJA is also supporting the November 2014 report from the Attorney General’s advisory committee on American Indian/Alaska Native Children Exposed to Violence entitled “Ending Violence So Children Can Thrive” which “calls for the restoration of the inherent sovereignty of tribes to assert full criminal jurisdiction over all persons who commit crimes against AI/AN children in Indian country.”

On Reconsideration, Federal Court Dismisses Indian Group’s Petition to Preserve Judge Cebull Emails

Matthew L.M. Fletcher

Here are the new materials in Four Directions v. Committee on Judicial Conduct and Disability of the Judicial Conference of the United States (N.D. Cal.):

58 Motion for Reconsideration

73 Opposition

76 Reply

83 DCT Order Granting Motion for Reconsideration

Prior materials here.

Indian Groups Persuade Federal Court to Preserve Judge Cebull Emails

Matthew L.M. Fletcher1 Comment

Here are the materials in Four Directions v. Committee on Judicial Conduct and Disability of the Judicial Conference of the United States (N.D. Cal.):

34 Petition to Preserve Evidence

35 Opposition & Motion to Dismiss

38 Response to 35

39 Reply in Support of 35

53 DCT Order

Fred Baker Interviews Justice Cavanagh

Matthew L.M. Fletcher

Here.

An excerpt:

Michigan Federal Judge Richard Enslen Passes

Matthew L.M. Fletcher

Here is the press release from the Western District.

Judge Enslen handled numerous cases involving Michigan Indians during his tenure and we will endeavor to post a follow up recognizing him in a few days.

Job Posting: Tulalip Tribe Associate Judge Position

Kate Fort

Job Announcement- Associate Judge