Michigan Indian – Page 116

LVD Council Released from Jail

September 12, 2010September 12, 2010Matthew L.M. Fletcher

From tv:

WATERSMEET — The Lac Vieux Desert tribal council is back in Watersmeet after an appellate court ruled they should be released from jail.

According to the tribal council’s attorney, Zeke Fletcher, the appellate court made the ruling two days ago but Judge Bradley Dakota did not recognize the ruling.

The nine member council has been in the Iron County jail since Wednesday because they refuse to swear in two new tribal council members despite the court order.

They were held in contempt of court and jailed.

LVD Tribal Council Press Release

September 10, 2010Matthew L.M. Fletcher

Here: Statement by LVD Tribal Council.

News Coverage of LVD Council Jailing

September 10, 2010Matthew L.M. Fletcher

From TV, via Pechanga:

WATERSMEET — It has been a politically charged few weeks for the Lac Vieux Desert Tribe but things turned criminal on Wednesday.

All nine members of the tribal council were held in contempt of court after refusing to swear in the new chairman and treasurer and are now sitting in jail.

Judge Bradley Dakota’s ruling said the council must remain in jail until a majority agrees to swear in the new members.

Ruth Antone is an elder within the tribe and has lived on Lac Vieux Desert land all of her life.

She supports swearing in the new council but given the fact that two of her grandchildren are on the current council and are now in jail it’s been a difficult situation.

“I was at the hospital last night because my blood pressure was high and that’s because all that’s been going on,” she said. “I want it over with, I’m glad it’s over with soon I hope.”

The jailed council members released a statement through their attorney saying:

“We are being criminally punished for upholding the Constitution.”

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LVD Council Habeas Petition — UPDATED with Exhibits

September 9, 2010September 11, 2010Matthew L.M. Fletcher

Here: LVD Council Habeas Petition.

Update (9/10/10): LVD Habeas Exhibits.

Update (9/11/10): LVD Habeas Exhibits Part 2

Amazing materials. Has this ever happened before? Wonder if one of these (a habeas petition on behalf of an entire tribal council) has ever been filed.

Story About Harvesting Wild Rice on Michigan Public Radio

September 9, 2010Kate Fort

Podcast here , slide show here.

Summary:

For thousands of years, Native American tribes in the Great Lakes region have been harvesting wild rice. They call it manoomin.

But over the past few centuries, this tradition has been dying out. The rice beds have been shrinking, and the cultural knowledge has been disappearing. Many tribes were forced to relocate away from the wild rice beds. Starting in the 1870s, some children were taken from their families, into boarding schools. They were given English names and cut off from their culture and from the knowledge of how to harvest rice.

In Michigan, some people are trying to bring the tradition back.

Saginaw Chippewa Repatriation News

September 9, 2010Matthew L.M. Fletcher

From the Morning Sun:

Dennis Banks, renowned co-founder of the American Indian Movement who helped create the language for the Native American Graves and Repatriation Act which became law in 1990, took part in a reburial ceremony Thursday on the Isabella Reservation.

The reburial ceremony was for 10 Native American ancestoral remains who were dug up and kept in a vault in a museum at Harvard University and were proven to be affiliated with the Saginaw Chippewa Indian Tribe.

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LVD Council Arrested?!?!?

September 9, 2010September 9, 2010Matthew L.M. Fletcher

From TV, via Pechanga:

WATERSMEET — Controversy continues to surround the Lac Vieux Desert Tribe and Wednesday police took action.

All nine tribal council members have been arrested for disobeying a court order by refusing to swear in the newly elected chairman and treasurer at last night’s tribal council meeting.

In July, tribal members protested the council’s decision not to step down after seven of the nine council members were voted out of office.

A third party judge ruled last month that the new chairman and treasurer must be sworn in and a new election would be held for the five general council positions.

The nine arrested council members have been transported off tribal property and are being held in the iron county jail without bond.

Federal Court Denies Motion to Dismiss Indictment of Former GTB Gaming CEO

September 9, 2010Matthew L.M. Fletcher1 Comment

Here is the order in United States v. Livingston (E.D. Cal.): DCT Order Denying Livingston Motion to Dismiss.

And we posted the indictment for theft from a tribal organization here.

ICT Article on Michigan Bid to Codify ICWA

September 8, 2010September 8, 2010Matthew L.M. Fletcher

From ICT:

SAULT STE. MARIE, Mich. – The Indian Child Welfare Act is a federal law that can at times be confusing to those it was designed to help – tribes, tribal children, their families and the state and tribal court systems.

Making ICWA easier to use and understand is the goal of a group of dedicated people – a special committee formed by the Michigan Supreme Court. This committee is charged with helping Indian children and families in child welfare cases, and with educating judges and child welfare practitioners about ICWA.

Congress enacted ICWA in 1978 to help prevent the disruption of Indian families and tribes due to state and federal child welfare practices.

In 2008, a special committee was formed by the Michigan Supreme Court to help Michigan judges and child welfare practitioners learn more about ICWA and understand the need for states to comply with the act and how it can be better implemented within Michigan.

In 2009, the State Court Administrative Office, the administrative agency of the Michigan Supreme Court, published a court resource guide. This guide is designed to provide Michigan trial courts with best practice tips to apply when using ICWA. During work on the court resource guide it was determined further research was needed and a subcommittee was formed that recommended changes to Michigan’s court rules to help with the recognition and implementation of ICWA. On Jan. 27, the Michigan Supreme Court approved those changes, which became effective May 1.

A second subcommittee, the Tribal Court Relations Committee, was formed as part of the Court Improvement Program Statewide Task Force and continues to meet on proposed state legislation that was drafted to reflect the federal statute with the goal of making judges and child welfare workers more aware of ICWA at both the tribal and state levels. A special session to review the proposed ICWA statute is being held Sept. 30 in Lansing. This meeting is by invitation only to the ICWA committee that authored the Court Resource Guide.

Additionally, in 2010 the Michigan Supreme Court has been sponsoring ICWA training and dialogue for state court judges, tribal representatives, attorneys, court staff and Department of Human Services workers as a step toward implementing the “best interests” considerations for Indian children, families and tribes.

Planning is also underway for the Walking on Common Ground: Michigan Regional Conference, Oct. 12 – 13 at the Grand Traverse Resort in Acme, Mich., for tribal, federal and state justice communities throughout Michigan, Minnesota and Wisconsin. Walking on Common Ground promotes collaboration, education and the sharing of resources to build a more positive future for tribal children and families involved in the child welfare system.

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