Michigan Indian

Poaching Case to Reach Sault Tribe Tribal Court

Matthew L.M. Fletcher

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.

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Poetry Reading with Gordon Henry, Matthew Fletcher, and Paul Stebleton THURSDAY

Matthew L.M. Fletcher2 Comments

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 My poetry is as yet unpublished.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!!!!!

Matthew L.M. Fletcher1 Comment

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.

Rojas Cardona v. Lac Vieux Desert Petition for Review in Ariz. Supreme Court

Matthew L.M. Fletcher1 Comment

We posted materials on this case a while back, here and here.

Now there is a petition for review by the Arizona Supreme Court in this case, now captioned Rojas Cardona v. Superior Court (apparently, no written orders from either the Superior Court or the Court of Appeals):

Cardona Petition for Review

LVD Brief

ICT Article on Indian Child Welfare Act

Matthew L.M. Fletcher1 Comment

From ICT:

SAULT STE. MARIE, Mich. – The Indian Child Welfare Act is a federal law pertaining to American Indian and Alaska Native children that many tribal members are unaware of. Attorneys, judges, social workers and state court systems work with this act almost daily. The United States Congress enacted ICWA more than 30 years ago to protect the best interests of Indian children, and to promote the cohesiveness of Indian families and tribes. Because it is a federal law, it pre-empts state law in its application, meaning in a state court setting applying the standards of ICWA is mandatory.

For ICWA’s protections to apply, a child must be an enrolled member of an Indian tribe or be eligible for enrollment. The individual tribe to which the child belongs is responsible for determining membership eligibility.

ICWA applies to children who have parents whose rights are being terminated, or who have been taken out of their home and placed into a guardianship, foster care or any permanent or pre-adoptive placement.

State court systems and judges in states with very low Indian populations often misunderstand the law, such as Georgia.

Sault Ste. Marie Tribe of Chippewa Indians’ prosecuting attorney Eric Blubaugh, said, “Everyone gets in a sort of professional comfort zone, and state courts are no exception. A state court, when confronted with a case involving an Indian child, must apply different standards than they would in a case involving a non-Indian child. And the frontline professionals – caseworkers and attorneys – must assess an ICWA case’s merits much differently due to the higher standards of proof.”

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ICT Coverage of Eagle Rock Protest

Matthew L.M. Fletcher

From ICT:

As the spirits whispered through the towering pines on 40 mile per hour winds atop sacred Eagle Rock, American Indian warrior Levi Tadgerson said, “you can feel our relatives and the spirits with us.”

He stood on the cliff’s edge looking out upon northern Michigan’s Yellow Dog Plains for another approaching storm – literally and figuratively – as Tadgerson’s fellow warriors are trying to stop an international mining giant from destroying the site where Ojibwa ceremonies have taken place as long as elders can remember.

In late April, Kennecott Eagle Minerals began site preparation work for its sulfide mine called the Eagle Project. The entrance to the nickel and copper mine will be built at sacred Eagle Rock.

“We are defending the water, we are defending our treaty rights and our right to practice our culture,” said Tadgerson, who describes himself as “an Anishinaabe man who loves and respects the environment.

“We’re defending our right to live a healthy life and have our kids live a healthy life.”

The Keweenaw Bay Indian Community and numerous environment groups are worried because sulfuric acid is a byproduct of sulfide mining plus several companies have announced plans for dozens of similar mines.

Kennecott says environmental protection is a major concern, but opponents say the way the company has operated other mines doesn’t show it.

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GTB Member — Dwaun Anderson — Commits to Play Basketball for MSU in Two Years

Matthew L.M. Fletcher1 Comment

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From the T.C. Record Eagle:

It was the moment Dwaun Anderson has been waiting for.

Michigan State coach Tom Izzo called and the Suttons Bay standout answered.

Anderson traveled to Michigan State on Wednesday and was offered a basketball scholarship to join the Class of 2011.

“This is it,” Anderson said. “We got there, got a tour and watched a couple of videos in the conference room.”

When Izzo offered Anderson a scholarship, he didn’t hesitate. He talked to his family for about 10 minutes and then verbally committed.

“I had no doubts at all,” Anderson said. “This is it. I watched a lot of college basketball when I was younger, but I always thought they were the one I liked the most.”

Anderson had previous offers from Central Michigan, Oakland and Utah, but was being patient waiting to see if he could get an offer out of East Lansing.

“I was comfortable waiting because I still had another year,” he said.

Only a junior, Anderson has been named a Class C All-Stater twice.

This season, the 6-foot-3 Anderson led Suttons Bay to a 25-2 record and a run to the Class C state title game at Michigan State’s Breslin Center. He averaged 20 points, six rebounds, four assists and two blocks a game.

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UM Law Quad Profiles on Three Indian Law Alums

Matthew L.M. Fletcher1 Comment

Here: Michigan Law Quad Article on Indian Law Prof Alums

The three are Allie Maldonado, Beth Kronk, and me.

State Civil Rights Panel to Discuss Mascot Issue

Kate Fort

From the Holland Sentinel:

State Civil Rights Panel to again take up issue of Native American mascots
By CHRISTINE HOMAN
Posted May 03, 2010 @ 05:30 AM
Lansing, MI —

By CHRISTINE HOMAN
Capital News Service

The Civil Rights Commission will soon be examining its stance on Native American mascots.

At its May 24 meeting, the commission is scheduled to discuss the issue and decide whether to take action.

In 2002, it passed a resolution condemning the use of Native American mascots, but at the upcoming meeting, the commission will consider whether to issue a declaratory ruling that indicates how it would deal with the question in the future.

“As we grow more sensitive and understanding, there are certain practices we’ll have to examine,” said Harold Core, director of public relations for the Department of Civil Rights.

Opponents of using Native American mascots and nicknames for schools and colleges say they’re offensive and in some cases racist.

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Jim McClurken Book Talks in May

Matthew L.M. Fletcher2 Comments

Not often we promote Cooley Law programs, but it is an MSU Press book. 🙂

From here:

Please join us for a 2010 Michigan Notable Books program featuring Dr. James M. McClurken, author ofOur People, Our Journey: The Little River Band of Ottawa Indians.

This important and well-researched history of the Little River Band of Ottawa Indians traces the tribe’s migration into Michigan’s Grand River Valley, its later settlement on reservations in Mason, Muskegon and Oceana counties, the difficult relationship between the tribe and the U.S. government and successful efforts to maintain the tribe’s unique cultural identity through the present day.

The book is available for purchase and signing the day of the event and at Cooley’s Lansing campus bookstore.

The events are free and open to the public. For more information, visit Cooley’s website at cooley.edu. Join us at any one of our four campuses on:

WEDNESDAY, MAY 12
Grand Rapids, Noon
111 Commerce Avenue, SW

Lansing, 5 p.m.
Brennan Law Library
330 S. Washington Sq.

THURSDAY, MAY 13
Auburn Hills, Noon
2630 Featherstone

Ann Arbor, 5 p.m.
3475 Plymouth Rd.