Forbes Article on DOJ Plan to Expand Prosecutorial Authority in Indian Country

Here.

An excerpt:

Lorena Halwood, who works with domestic violence victims on the Navajo Nation, said family abuse violates not only the law but the traditional Navajo way of life, which preaches harmony and talking with one another to mitigate problems. She stood with others in the Navajo Nation’s capital this week, asking tribal lawmakers to support legislation that would specifically criminalize domestic violence for the first time on the reservation.

“A lot of the victims have come to accept there’s nothing anybody can do,” she said.

Halwood’s work with domestic violence spans 16 years, creating a network of safe houses for victims awaiting transport to one of two shelters on the 27,000-square-mile reservation, the size of West Virginia. She’s seen broken jaws and noses, sexual assault and rape cases, and has made 2 a.m. visits to the emergency room.

Tribal police often are late in arriving to the scene because of the remoteness of the reservation. Halwood said women’s in-laws often blame them for the abuse, and women find it difficult to leave without transportation or a support system.

She welcomed any change that would make offenders realize they’re not getting off with what she says commonly is a slap on the wrist and a warning not to hit a woman again.

“If we have harsher penalties, stiffer sentences, then maybe they’ll see `I’m not supposed to be doing this. The next time I might spend more time in jail away from my family, my children,'” she said.

MSU Law Grad Moves to Navajo D.C. Office

From ICT:

The Navajo Nation Washington Office has a new government and legislative affairs associate who will focus on education and public safety, Brian Quint.

“Brian brings a keen knowledge of Navajo legal processes to our team and we are excited to bring him on board,” said NNWO Executive Director Clara Pratte in a news release.

This isn’t his first gig working for the Navajo Nation though. He previously was an attorney at the Navajo Nation Office of Legislative Counsel where he provided legal services to the Navajo Nation Council. Before that he spent four years as an attorney at DNA-Peoples’ Legal Services at the Hopi/Kearns Canyon and Tuba City, Arizona offices.

Quint is from southwest Michigan, and obtained his Juris Doctor from the Michigan State University College of Law and his bachelor’s in international relations from Michigan State University (MSU). At MSU he focused his studies on federal Indian law and participated in the Indigenous Law and Policy Center.

Friends of Turtle Talk Participate in NYTs Debate on the Future of Law School

Here for a full roster of debaters. Here for Kevin Noble Maillard, and here for Rose Cuison Villazor.

And also here:

 

Colorado Public Radio on David Getches (Interview with Charles Wilkinson and John Echohawk

Remembering CU-Boulder’s David Getches
by Elise Thatcher

Listen here.

It sounds kind of obvious. If a state or the federal government signs a treaty, it should honor the agreement. But as recently as the 1970s that wasn’t true of treaties signed with Indian tribes. David Getches fought to change that. During his legal career, he also worked on other big issues in the West, like water law and public lands. Most recently, Getches was the dean of the law school at CU-Boulder. He died earlier this month at age 68 of pancreatic cancer. Two of his colleagues join Ryan Warner. John Echohawk heads  the Native American Rights Fund and Professor Charles Wilkinson teaches law at CU.

Andrew Cohen in the Atlantic about the Dearth of American Indians on the Federal Bench

Here is the article. An excerpt:

In the nation’s history, only two Native Americans have ever been confirmed by the Senate for a job on the federal bench. Two. And of those two only one was “openly” Native American at the time of his confirmation (that judge, Frank Howell Seay, found out about his Indian heritage long after he was on the bench). Those numbers are particularly appalling when you consider that (only) 170 or so black judges have been appointed over the same span.

Today, the Senate has before it the nomination of a man named Arvo Mikkanen, who is partially of Native American descent. Mikkanen went to Dartmouth College and Yale Law School, clerked for two federal judges, and has been a federal prosector for nearly two decades. He received a “unanimously qualified” rating from the American Bar Association. President Barack Obama nominated him to fill a seat on the federal trial bench in Oklahoma.

Yet there have been no speeches in the well of the Senate on behalf of Mikkanen. No senators have patted themselves on the back for breaking through another barrier of bias and bigotry. Instead, the Mikkanen nomination languishes in silence, six months after the President first put it into play. No hearing date has been set for his nomination even though other candidates nominated before him already have been approved out of Committee.

Oklahoma’s Congressional delegation was quick to denounce Mikkanen’s candidacy as “unacceptable” but to this day has never (publically, anyway) explained why. Meanwhile, the White House appears to have expended no political capital in pushing Mikkanen’s nomination to the forefront of the battle between the branches over judicial nominees. Like so many of his predecessors, Mikkanen has been left twisting in the wind by the U.S. government.

 

 

Delta Threatens to Stop Service the 24 Midwestern Cities — Disproportionate Impact on Indian Country

Here is the NYTs coverage. And the tiny, blurry map that accompanies the article seems to indicate towns near reservations in Michigan, Minnesota, North and South Dakota, and Montana. The Michigan towns affected are Alpena, Pellston (LTBB), Escanaba (Hannahville), Iron Mountain (LVD), and Sault Ste. Marie (SSM and Bay Mills) — none of these towns would have air service.

Dale Kildee to Retire

Dale Kildee, of Michigan’s 5th District, is to retire. He has done an enormous amount of good work for Michigan Indian people and tribes, and we owe him an enormous debt of gratitude.

We invite comments from readers on Rep. Kildee.

NYTs on State of North Dakota’s “Fighting Sioux” Controversy

An excerpt from the NYTs (permalink here):

The new law, signed by Gov. Jack Dalrymple, has left the university in a difficult position: defy the National Collegiate Athletic Association, which has mandated that all American Indian mascots be dropped, or break the law. The legislative debate has reopened wounds over retiring a beloved mascot that has graced hockey jerseys and pennants across the state for years.

University officials hope that a meeting later this month in Indianapolis between Mr. Dalrymple, legislative leaders and N.C.A.A. officials will help resolve the conflict. As it stands, if the university continues to use the name after Aug. 15, its athletics program would face penalties that could jeopardize much-lauded plans to join the Big Sky Conference.

For many North Dakotans, the future of the logo — a profile of an Indian with feathers in his hair — is personal. Grant Shaft, the president of the state’s Board of Higher Education, went to law school there and said five generations of his family attended the university. But Mr. Shaft says it is time for the university to move past the matter and comply with N.C.A.A. guidelines.

“My roots with the Fighting Sioux nickname go as deep as anybody,” he said. “The reality of the situation is that the Aug. 15 date is looming, and we’re starting to realize the consequences are really untenable for the athletics department.”

Disbarment of Former DOJ Official Involved in Abramoff Scandal

An excerpt from BLT:

The D.C. Court of Appeals today disbarred a former U.S. Justice Department lawyer who pleaded guilty in Washington federal district court to a conflict of interest violation stemming from the Jack Abramoff lobbying scandal.

Robert Coughlin II, who served as deputy chief of staff in the Criminal Division, consented to disbarment from the District of Columbia bar, the appeals court said in an order (PDF) published today.

Coughlin had been under interim suspension since June 2008. He pleaded guilty in April 2008 in U.S. District Court for the District of Columbia to one count of conflict of interest. Coughlin was not immediately reached for comment this morning.

Prosecutors said Coughlin acknowledged receiving gifts from former Greenberg Traurig lobbyist Kevin Ring, who was also charged in the Abramoff investigation. Ring and Coughlin were close friends, socializing regularly.

Coughlin helped Ring get a $16.3 million grant for the Chocktaw Tribe to build a jail. Coughlin received thousands of dollars in concert and sporting event tickets and restaurant trips.

Jurors Settle on Negligent Homicide Over Manslaughter in James Arthur Ray Sweat Lodge Case

From The AP:

FLAGSTAFF, Ariz. (AP) — Four jurors who heard months of testimony in a self-help author’s criminal trial were convinced he was guilty on three counts of manslaughter, but couldn’t sway the other eight who didn’t believe prosecutors had proven the charges.

The jury spent about 10 hours deliberating before settling on the lesser charge of negligent homicide, placing the blame on James Arthur Ray for the deaths of three people following Ray’s sweat lodge ceremony near Sedona, Ariz.

***

Prosecutors staked their case on the heat inside the sweat lodge and on Ray’s conduct, using his own words recorded during the weeklong event in October 2009 against him. The defense accused authorities of botching the investigation and failing to consider that chemicals typically found in pesticides factored into the deaths.

***

Dr. Matthew Dickson, who reviewed autopsy records and medical reports of the participants for the prosecution, gained major points with the jury because of his experience with heat-related illness and exposure to pesticides, Lepacek said.

Dickson testified he was 99-percent sure that heat caused the deaths, and that the signs and symptoms of the victims were inconsistent with exposure to organophosphates, a pesticide compound.