Here is the unpublished opinion in In re Orianwo/McCrary.
Michigan Appellate Courts Issue another ICWA “Conditional Affirmance” Case
Here is the unpublished opinion in In re Orianwo/McCrary.
Michigan Indian
Bay Mills Appeal to Stay Preliminary Injunction Denied by Sixth Circuit
Bay Mills appeal to stay the preliminary injunction issued by the district court in Little Traverse Bay Bands of Odawa Indians v. Bay Mills Indian Community & State of Michigan v. Bay Mills Indian Community was denied by the Sixth Circuit today. The document is here.
Our previous coverage of this appeal is here, previous coverage of this case is here.
Michigan Supreme Court Grants Leave to Appeal “Conditional Affirmance” Remedy for ICWA Notice Violations
Here is that order in In re Morris:
The appellate court’s decision on remand is here.
Here is the text of the order granting leave:
By order of April 22, 2011, while retaining jurisdiction, we remanded this case to the Court of Appeals for reconsideration of the respondent father’s appeal in light of the confession of error by petitioner Department of Human Services regarding the notice violation under the Indian Child Welfare Act (ICWA), 25 USC 1901 et seq. On order of the Court, the Court of Appeals having filed its opinion on remand on May 19, 2011, the application for leave to appeal is again considered, and it is GRANTED, limited to the issue whether the Court of Appeals “conditional affirmance” remedy is an appropriate method of resolving an ICWA violation.
We further ORDER the Wayne Circuit Court Family Division to appoint attorney Vivek Sankaran of the University of Michigan Law School Child Advocacy Clinic, if feasible, to represent the respondent father in this Court.
The Children’s Law, Family Law, and American Indian Law Sections of the State Bar of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.
Helen Tanner Walks On; Provided Critical Expert Testimony in U.S. v. Michigan
Here is the article.
An excerpt:
BEULAH — Helen Tanner was only about 5 feet tall, but she is remembered as a pioneering giant in writing Great Lakes Indian history.
The noted ethnohistorian’s research and testimony proved crucial to a historic 1979 federal court ruling that upheld Michigan Indian treaty fishing rights.
Tanner died late Wednesday night at her home less than a month before her 95th birthday on July 5. A memorial service will be planned later.
Sixth Circuit Briefing on Bay Mills Indian Community Motion to Stay Injunction Pending Appeal
Here are those briefs (so far):
BMIC Motion to Stay Injunction
Sault Tribe Kids at Camp KinaMaage (UM Biological Station)
Here is the article.
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| From left, Sturgeon Bay Singers Gary Gibson, Joe Medicine, and Duane Gross participate in a feast and celebration at Camp KinoMaage. (Photo by Dana Sitzler) | |
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Witness List in Tomorrow’s Senate Committee Hearing on the UN Declaration
From the SCIA website:
OVERSIGHT HEARING on Setting the Standard: Domestic Policy Implications of the UN Declaration on the Rights of Indigenous Peoples
Thursday, June 9 2011
2:15PM
Dirksen Senate Office Building 628Description:
The hearing will explore the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) as an international policy goal to which the United States is signatory, the current ways existing domestic policy achieves the UNDRIP goals, and additional domestic policy considerations to make the United States a world leader in indigenous rights and implementation of the UNDRIP.
WITNESS LIST
Panel I
MR. DONALD “DEL” LAVERDURE, Principal Deputy Assistant Secretary of Indian Affairs, U.S. Department of the Interior, Washington, DC
Panel II
MR. ROBERT T. COULTER, Executive Director, Indian Law Resource Center, Helena, MT
MR. JAMES ANAYA, Special Rapporteur on the Rights of Indigenous Peoples, United Nations, Tucson, AZ
MR. LINDSAY G. ROBERTSON, Professor of Law / Faculty Director of the American Indian Law and Policy Center / Judge Haskell A. Holloman Professor / and Sam K. Viersen Presidential Professor, University of Oklahoma College of Law, Norman, Oklahoma
MR. RYAN RED CORN, Filmmaker / Member, 1491s, Pawhuska, OK
Panel III
THE HONORABLE FAWN SHARP, President, Quinault Indian Nation, Taholah, WA
MR. FRANK ETTAWAGESHIK, Executive Director, United Tribes of Michigan, Harbor Springs, MI
MR. DUANE YAZZIE, Chairperson, Navajo Nation Human Rights Commission, Window Rock, AZ
MS. MELANIE KNIGHT, Secretary of State, Cherokee Nation of Oklahoma, Tahlequah, OK
Illinois State Bar Findings in Disciplinary Action against Former Little River Band Attorney
Available here (Illinois website), and pdf:
This document details the findings of fact, and makes recommendations for discipline. We posted relevant documents on this matter here and here and here.
The six counts are as follows (details are in the document linked above):
COMPLAINT
Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Meriel Coleman, pursuant to Supreme Court Rule 753(b), complains of Respondent, Joseph Henry Martin, who was licensed to practice law in the State of Illinois on May 2, 1995, and alleges that Respondent has engaged in the following conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute:
Saginaw Chippewa Indian tribe Accepts Mount Pleasant Indian School Grounds
From Indianz:
The Saginaw Chippewa Tribe of Michigan held a remembrance and healing ceremony on Monday at the site of the former Mt. Pleasant Indian Industrial School.
The school operated from 1893 to 1934. Officially, five children died there but a search of obituaries and local records turned up the names of nearly 150 more, whose names were read at the ceremony.
The city of Mt. Pleasant owns most of the site but the state deeded eight acres and six historic buildings to the tribe.
Get the Story:
Tribe remembers boarding school era, begins healing (The Mt. Pleasant Morning Sun 6/7)
Tribe plans day of remembrance, healing for June 6 (The Mt. Pleasant Morning Sun 5/31)
Gun Lake Casino Revenue Sharing News
From the Grand Rapids Press:
WAYLAND TOWNSHIP — Local and state officials today are seeing their first big revenue-sharing payout from the opening of the Gun Lake Casino.
Casino officials today were to announce a payment of $515,871 for local governments and $2.1 million for the state from February and March, the first two months of operation.
“Many years ago, we made a commitment to our neighbors to provide funds to help build a better community,” Gun Lake Tribe Chairman D.K. Sprague said. “Today, we have followed through on our commitment, and that marks another important milestone in our shared progress.”
Turtle Talk 
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