County Court Awards $109 Million Against Tribal Member

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

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

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

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

Here.

An excerpt:

Michigan Federal Judge Richard Enslen Passes

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

Job Announcement- Associate Judge

Lansing State Journal Profile of Mich. SCT Justice Michael Cavanagh

Here is “Retiring Supreme Court justice began career in Lansing.

Eighth Circuit Judge Bright Names Disproportionate Sentences of Native Convicts as “Biggest Challenge Today”

Here, from Hercules and the Umpire, and How Appealing.

Michigan SCT Justice Mike Cavanagh OpEd: “Inaugural tribal-state court forum addresses child welfare issues”

Justice Cavanagh’s op/ed is available here.

An excerpt:

Our inaugural Tribal State Federal Judicial Forum meeting this week focused on issues of Indian child welfare, on outlining the scope of the Forum’s work, and on organizing our leadership. We examined what forums in other states are doing to find examples of best practices and innovations. Also, we delved into the ICWA as the “gold standard,” as well as the importance of judicial leadership and collaboration.

Because we can’t know where we should be headed if we don’t know where we are now, the Forum also received updates on Michigan Indian child welfare data, and child welfare services and resources from the State Court Administrative Office.

Most importantly, the Forum finalized our Naakonigewin, or Charter, which defines our make-up, appointment process, and governance. The Charter will not only solidify and formalize a valuable, long-standing relationship, but it also will lay the groundwork for future collaborations among the courts. The Charter will guarantee that while the names may change, the mission will continue.

As we opened our meeting with a traditional tribal pipe ceremony and drums, I had the honor of sharing some reflections on my lifelong commitment to improving relations between our sovereign governments and our people. I am also excited to hand over my role as Supreme Court Tribal Liaison Justice to the Forum to Justice Bridget McCormack. I have no doubt she will bring even more passion and dedication to the task.

I am positive that the Forum, under the guidance of Justice McCormack, its tribal and state judge co-chairs, and the participation of many of the state’s and tribes’ most dedicated jurists, will continue to find common ground to accomplish wonderful things for all our children. The measure of our success will be reflected in strong relationships, linking our peoples, learning from the lessons of the past and leading our children to a better future.