Here: Patchak v Salazar Appellants Reply Brief 5-25-2010
Other briefs here.
Michigan Indian
Sault Tribe Settles with Miller Canfield in Bouschor Case
From the Soo Evening News via Pechanga (and here, too):
A mediation agreement has netted the Sault Tribe of Chippewa Indians $1 million from the law firm of Miller, Canfield, Paddock and Stone, P.L.C. as the firm opted to settle following a hard-bargained session lasting more than 12 hours Tuesday.
“This was a contested case,” said law firm CEO Michael Hartmann on Wednesday afternoon. “No one admitted liability.”
In extricating itself from the pending lawsuit in exchange for $1 million, Hartmann indicated both sides were satisfied with the resolution.
“Everyone thought it was in the best interest of the firm,” he explained.
“On behalf of the board of directors and myself, I’m confident to say this is the best possible outcome for our tribe and the status of the case,” said Tribal Chairman Darwin “Joe” McCoy in a press release issued shortly before 10 a.m. today. “I’m pleased we were able to hold one party responsible for its role in the litigation and that we are free to continue on with the other defendants, soon we can put this behind us as a tribe and move forward.”
The lengthy mediation saw the Sault Ste. Marie Tribal Board of Directors go in and out of open session throughout the day before the final deal was reached.
John Hatch, one of the few tribal members who monitored the day of mediation, said the board was unanimous in its decision.
“I think it was an excellent deal,” said Hatch. “The board did an excellent job.”
Hatch said not only did the Sault Tribe get some of its money back, but it also preserved the abuse of government civil suit against the former chairman, Bernard Bouschor.
His analysis coincides with this morning’s press release which states: “The settlement allows the Sault Tribe to recover a substantial amount of money without the uncertainty of a trial. It also preserves the tribe’s ability to continue its lawsuit against those most responsible for the unauthorized transfer of tribal funds to key employees”
The Sault Tribe has been looking to recover approximately $2.6 million which was distributed to upper-echelon employees in the wake of Bouschor’s 2004 failed re-election bid. Tribal representatives have contended that the payments were illegal and Bouschor did not have the authority to release those individuals with hefty severance packages.
Opening Briefs in First Major Post-Carcieri Challenge to Fee to Trust–Updated
The case is Patchak v. Salazar (D.C. Cir.) and involves the DOI’s taking of land into trust for the Gun Lake Band of Pottawatomi Indians. The land already is in trust.
Here are the opening briefs:
2010-04-09 Patchak Opening Brief
2010-05-10 Gun Lake Answer Brief (Filed)
02 Proposed Brief Amicus Curiae–NCAI
Lower court materials are here.
Little River Compact Amendment Stalled in House
From the Muskegon Chronicle via Pechanga:
FRUITPORT TOWNSHIP — A month ago, a resolution by the state Legislature that would allow for a casino in Fruitport Township seemed to be destined for quick passage.
The resolution — allowing the Little River Band of Ottawa Indians to operate a casino at the former Great Lakes Downs racetrack site — has hit a snag in the state House of Representatives. A vote on the resolution has yet to be taken, a committee hearing concerning the resolution is planned for the coming weeks in Lansing and the House speaker — who is also a candidate for governor — is taking some heat from locals.
State Rep. Doug Bennett, D-Muskegon Township, and Fruitport Township Supervisor Brian Werschem are blaming House Speaker Andy Dillon, D-Redford, for the delay. Area lawmakers expect the resolution to pass if and when it reaches the House floor for a vote.
On the Senate side, Gerald Van Woerkom, R-Norton Shores, said he will not oppose the resolution.
Bennett said typically the speaker sends resolutions directly to the House floor for a vote rather than referring them to a committee.
“There’s nobody holding it up but the speaker,” Bennett said.
“Andy Dillon is intentionally stonewalling this project,” Werschem said.
GTB Chair Derek Bailey Appointed to American Indian Education Advisory Council
Great news!!!!!
From Indianz:
President Barack Obama has appointed six people to the National Advisory Council on Indian Education.
The council advises the Department of Education about Indian education issues. It has 16 members.
The new appointees are:
• Thomas R. Acevedo, a member of the Mohegan Tribe of Connecticut
• Derek J. Bailey, the chairman of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan
• Robin A. Butterfield, a member of the Winnebago Tribe of Nebraska
• Robert B. Cook, a member of the Oglala Sioux Tribe of South Dakota
• Deborah Jackson-Dennison, a member of the Navajo Nation
• Alyce Spotted Bear, a member of the Mandan, Hidatsa, and Arikara Nation of North Dakota
Get the Story:
President Obama Announces More Key Administration Posts (White House 5/13)
More News Coverage of Eagle Rock Protest
KBIC, Kennecott to talk – From Mining Journal
http://www.miningjournal.net/page/content.detail/id/543915.html?nav=5006
Article in the Huffington Post
http://www.huffingtonpost.com/cynthia-pryor/a-sacred-fire-is-burning_b_567652.html
Miigwetch to A.K.
Poaching Case to Reach Sault Tribe Tribal Court
From the Escanaba Daily Press vie Pechanga:
ESCANABA – Three members of the Sault Ste. Marie Tribe of Chippewa Indians, accused of illegal commercial fishing in Little Bay de Noc in 2009, will appear in tribal court this month, officials said.
Five tribal members and one Delta County man were arrested in early 2009 for allegedly illegally catching and selling walleye from Little Bay de Noc. The tribe has legal jurisdiction over the five tribal members, while Delta County has legal jurisdiction over the non-tribal member.
In March of this year, the tribe announced three of the accused tribal members were cited with approximately 100 civil infractions including illegally setting nets and selling thousands of pounds of walleye for profit.
The fish were allegedly being sold through a tribal commercial fishing operation consisting of two tribal members and a state-licensed wholesaler. Investigation continues regarding these three individuals who have not yet been officially charged.
According to Brenda Browning, a clerk at the tribal court in Sault Ste. Marie, the citations have been issued against the three tribal members accused of illegally poaching and selling walleye. Their pretrial hearings are scheduled in tribal court in mid-May. The court is not releasing their names because the case is in the pretrial phase, Browning explained Friday.
Browning also said these three cases are considered civil matters, which are being handled by Special Prosecutor Monica Lubiarz-Quigley.
When contacted Monday, Lubiarz-Quigley referred the Daily Press to the tribe’s general counselor, Thomas Dorwin. Dorwin did not return a call from the newspaper prior to press time.
The Daily Press also left a message with the tribe’s attorney, Aaron Schlehuber, on Monday.
Poetry Reading with Gordon Henry, Matthew Fletcher, and Paul Stebleton THURSDAY
I will be doing a reading of poetry (?!?!?) with my good friends Gordon Henry, author of The Failure of Certain Charms and The Light People, and Paul Stebleton, the author of Bus Station Meditations. My poetry is as yet unpublished. 😦
Our reading is in the Green Room of the MSU Union, this Thursday at 4Pm.
Our reading is a part of the annual conference of the Society for the Study of Midwestern Literature. Here is the full agenda.
CONGRATS to Dr. Nick Reo!!!!!
It’s belated by a few days, but our own Nick Reo is now Dr. Nick! Here’s a pic:
Dr. Nick’s dissertation defense was last Friday, and he rocked! And passed.
Turtle Talk 
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