Lawyer Ordered to Pay Restitution to Saginaw Chippewa Tribe

From Indianz:

“A former Madison lawyer whose efforts to represent an Indian tribe from Michigan a decade ago led to professional misconduct complaints, got a public reprimand from the Supreme Court on Wednesday.

The high court ordered Carol J. Brown (Wisconsin ’93) to also pay restitution of $36,680 to the Saginaw Chippewa Indian Tribe. According to the state bar’s Web site, Brown’s law license is currently suspended. She lists an Arkansas address with the Wisconsin bar.

According to the court’s order, Brown’s problems all stemmed from her firm’s work with the tribe, which was plagued by infighting that helped put Brown in the situation that led the Office of Lawyer Regulation to file a seven-count complaint against her last year.”

Get the Story:

Proof and Hearsay: Lawyer reprimanded over dealings with tribe (The Milwaukee Journal Sentinel 8/18)

And a tidbit from years past that seems to be related are here — Brown & Lacounte v Westport Insurance Co. And here (Alysia La Counte’s reprimand).

Seneca Response to Mayor Bloomberg

From the PR Newswire, via Pechanga:

The Seneca Nation of Indians passed a Tribal Council Resolution on Saturday, August 14 condemning the recent derogatory and racial comments against the Nation and its membership.

Sponsored by Tribal Councillor J.C. Seneca, the resolution demands that Mayor Bloomberg resign his post as Mayor of New York City, provides a formal written apology to the Seneca Nation and its members, asks New York State Governor David Paterson to publically condemn Mayor Bloomberg’s comments and authorizes Seneca President Barry Snyder to file human rights and hate crime violations with the State of New York, US Justice Department and United Nations Special Rapporteur on Indigenous People.

RESOLUTION
Condemning Statements of Mayor Bloomberg

Sponsor:
J.C. Seneca

Second:
Travis Jimerson

Date:
August 14, 2010

WHEREAS, On August 13, 2010, New York City Mayor Michael Bloomberg publically made disparaging statements regarding the Seneca Nation’s Treaty protected tobacco economy; and

WHEREAS, In his remarks, Mayor Bloomberg’s included derogatory racial statements, against the Seneca Nation and its members, including a statement encouraging Governor Paterson to, “[y]ou know, get yourself a cowboy hat and a shotgun” and to commence an armed occupation of the Nation’s Cattaraugus Territory for the purpose of making a video of the Governor standing on the NYS Thruway with said cowboy hat and shotgun; and

WHEREAS, as recently as August 3rd of this year, Mayor Bloomberg stood before the Statue of Liberty and spoke of tolerance, respect and the defense of Constitutionally protected freedoms, in his support of the proposed Islamic Community Center and Mosque to be constructed at the site of Ground Zero; and

WHEREAS, Mayor Bloomberg’s contradictory positions regarding the constitutional protections afforded to those involved in the Islamic Center and Mosque, vs. those afforded to the Nation and its members, are demonstrative of the continued ignorance of the Nation’s own Constitutionally protected Treaties as the supreme law of the land, which provide the underlying protections for the Nation’s tax immune status on which its economy is based; and

WHEREAS, Mayor Bloomberg’s cavalier attitude and inflammatory remarks, by which he encourages armed conflict as a means for resolution, evidences tremendous disrespect to those Nation members and New York State Police officers who, to this day, bear the scars and trauma of the actual — not hypothetical — conflict that has twice occurred on the Nation’s territory, is considered by the Council to be a hate crime and violation of human rights; and

WHEREAS, Mr. Bloomberg’s hypocritical support of Constitutional protections, only when they don’t impact the New York City budget, coupled with his uneducated and uninformed statements on the issue, serve to fan the flames of aggression, and undermine the potential for peaceful resolution of these matters, while perpetuating a long dormant policy of Indian termination which dates back to the days of General Custer’s failed battle of Little Bighorn.

NOW THEREFORE BE IT

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USDA Withdraws Landfill permit Near Yakama Lands

From Indianz. Big win for Indian Country, especially Yakama!

Litigation continues apparently, but here are the injunction materials.

More News Coverage of Oneida Land Claim Case

From How Appealing:

“Legal battles over land claims possibly helped Oneidas”: Today’s edition of The Post-Standard of Syracuse, New York contains an article that begins, “The Oneida Indian land claim might be dead after an appeals court decision last week, but the 40-year legal battle might have helped lay the seeds of the prosperity the New York tribe now enjoys.”

Congratulations to Zoey Wood-Salomon

The creator of much of the art the Center uses (including the three suns at the top of this page, and the artwork at www.aipo.msu.edu) was honored at the Sault Area Arts Festival for the third  year in a row.

From the Sault Star:
Wood-Salomon makes it three in a row
Sault artist recognized
Posted 6 days ago

It’s a hat trick for Zoey Wood-Salomon.

For a third consecutive year, the Sault Ste. Marie artist has captured the graphics award at Sault Summer Arts Festival in Michigan Sault.

She captured best of show in 2006 when she made her first appearance. Wood-Salomon also received the graphics award in 2008 and 2009.

ICWA Cases To Be Assigned to One Judge in Washtenaw County (Judge Connors!)

Here is the order: 2007-06J Case Assignments LAO 2007.

ABA urges tribes and states to allow same-sex marriage

Here’s a link to the ABA’s resolution.

News Coverage on Oneida Land Claim

From How Appealing:

“Appeals court dismisses Oneida Indians’ 40-year-old land claim”: The Syracuse Post-Standard contains this article today.

The Oneida Daily Dispatch reports today that “Appeals court dismisses land claim.”

And The Utica Observer-Dispatch contains an article headlined “Court: No need for state to compensate Oneidas on land; Appeals judges reverse key element of ’07 claim ruling.”

You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

Michigan State Bar American Indian Law Section 2010 Newsletter

Miigwetch to Alicia Ivory!!!!!

AILS Newsletter 2010

Martha Minow on Justices Marshall and Kagan

From the Boston Globe:

NOW THAT the Senate has confirmed Elena Kagan to the Supreme Court, there will be post-mortems about the confirmation process. Many members of the Judiciary Committee criticized Kagan for her admiration of Justice Thurgood Marshall, for whom she clerked. I also clerked for Marshall, and found that these criticisms revealed not only a lack of knowledge of Marshall’s precise adherence to rules and precedent but also a failure to appreciate the significance of his contributions to American law. Kagan’s confirmation is not only a victory for her, but also a confirmation of Marshall’s enduring legacy.

In the confirmation process, Republican Senator Jeff Sessions of Alabama questioned Marshall’s concern for “the little guy.’’ Senator John Cornyn of Texas labeled him “a judicial activist.’’ Senator Chuck Grassley of Iowa announced that Marshall’s legal views “do not comport with the proper role of a judge or judicial method.’’

They seemed determined to find some way to paint then-Solicitor General Elena Kagan as someone other than the accomplished and mainstream lawyer that she is. As Washington Post columnist Dana Milbank put it, “Did Republicans think it would help their cause to criticize the first African American on the Supreme Court, a revered figure who has been celebrated with an airport, a postage stamp and a Broadway show? The guy is a saint . . . added to the Episcopal Church’s list of ‘Holy Women and Holy Men,’ which the Episcopal Diocese of New York says ‘is akin to being granted sainthood.’ ’’

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