Research – Page 170 – Turtle Talk

The question of whether Mom could have her child back with his siblings came down to his best interest–which kept him in the guardianship, despite the mom’s sobriety, job, handling a child with cancer, and raising a number of children. The Tribe, fearful of losing contact with the child entirely if they picked a side in the case, supported the mom but also ended up not weighing in on the final decision, instead asking the court to order whoever had the child keep him in contact with the Tribe. But this conclusion from the court is simply heartbreaking. It is not clear the child is related to the guardians, and as such the court equates a biological parent to non-relative foster care in a troublesome way:

We recognize this case was a difficult one for the juvenile court, not least because it was forced to choose between two families, both of whom love minor very much and both of whom may have been able to provide a stable, loving home where he remains connected to his siblings, other relatives, and his tribe. We can only express our hope, as did the juvenile court, that these families can find a way to remain connected in the interest of allowing minor to be loved and cared for by as many people as possible. It is also a difficult case because mother demonstrated her commitment to regaining custody by complying with her case plan, maintaining her sobriety and full employment, and garnering the support of the Department and the Tribe to have minor returned to her care. *** On this record, we perceive no abuse of discretion in the juvenile court’s determination that mother failed to meet her burden to demonstrate return to mother’s custody would be in minor’s best interest.

And no, I don’t entirely understand why the court isn’t using much higher ICWA standards here.

Prisoner Claims against Mescalero Dismissed

November 5, 2019Matthew L.M. Fletcher

Here are the materials in (D.N.M.):

1 Complaint

6 DCT Order

And here are the materials in (D.N.M.):

1 Habeas Petition

13 DCT Order

Federal Claims Court Dismisses 2 of 3 Counts against US in Ute Trust Breach Suit

November 5, 2019Matthew L.M. Fletcher

Here are the materials in (Fed. Cl.):

1 Complaint

15 US Motion to Dismiss

Related suit here.

Malinda Lowery on Why Columbus Day Is Dying

November 4, 2019November 4, 2019Matthew L.M. Fletcher

Here is “Why more places are abandoning Columbus Day in favor of Indigenous Peoples Day.”

Friday Job Announcements

November 1, 2019November 1, 2019Monica Williamson

Any posts for an open Indian law or leadership job received prior to 12pm EST on Friday will appear in that week’s announcement, when the following information is sent to indigenous@law.msu.edu:

In the email body, a typed brief description of the position which includes
- position title,
- location (city, state),
- main duties,
- closing date,
- and any other pertinent details such as links to application;
An attached PDF job announcement.

Please send all job announcements in this requested format.

Department of Justice

Director, Office of Native American Affairs (C.E.A., A), Sacramento, CA. Under the general direction of the Attorney General and the Chief Deputy to the Attorney General, the incumbent is responsible for the strategic planning, organizing, and policy development for the Office of Native American Affairs (ONAA). Application must be received by Nov. 22, 2019. Please see the job description for more information and to apply.

Confederated Tribes of the Umatilla Indian Reservation

Trainer, Elected Tribal Governance, Pendleton, OR. Proposals or quotes are needed for Trainers to conduct an on-site tribal governance workshop for the elected members of the Board of Trustees, the governing body under the Umatilla Constitution and Bylaws. The one day Workshop is tentatively scheduled for Wednesday, December 11, 2019. Attached is an RFP, workshop agenda and concepts. The first review of proposals or quotes is October 28, and will remain open until filled. For more information about the Umatilla Tribes see visit their website.

Peabody Essex Museum

Mellon Library Native American Fellowship, Salem, MA. Beginning in early 2020, this twelve-month fellowship in the Phillips Library will provide an emerging librarian of Indigenous descent with training and duties comparable to those of an Assistant Librarian. This position will play an integral role in assisting with developing and executing cataloging projects to provide better access to materials related to Indigenous subjects. In addition, the Fellow will support the library’s mission of collecting, stewarding, and providing access to materials and resources. Deadline for application and materials is Friday, November 15, 2019. Please see the job description for more information and how to apply.

The Gila River Indian Community

Protective Services Attorney, AZ. Represent the Community in cases arising under the Indian Child Welfare Act in Arizona and other state courts. The position requires admission to the Arizona State Bar and 3 years of experience as an attorney in child welfare matters. This is a full-time position in Arizona with a base salary of $82,908 and excellent benefits. The position is open until filled. Apply online at here and see the position description for more information.

Oglala Sioux Tribe

In-House Associate Counsel, Pine Ridge, SD. Work for the Oglala Sioux Tribe Council, the Executive Committee, and with the Health and Human Services and Education Standing Committees. Counsel must attend weekly meetings with Committees and attend Tribal Council meetings as assigned. Application closes December 6, 2019. Please see the job description for more information.

The Suquamish Tribe

Forestry Program Manager, Dept. of Natural Resources, Suquamish, WA. The Forestry Program Manager is responsible for the management and oversight of the Forestry Program on the Port Madison Indian Reservation and works directly with the Natural Resources Director in setting priorities and implementing actions. This position is open until filled; applications will be accepted thru November 12, 2019.

Kadiak LLC

Tribal Courts Project Manager, BIA Tribal Courts, Anchorage, AK. The PM manages and coordinates all work, activities, issues, and other contractual obligations relating to this contract and will interface with the Government Contracting Officer (CO), the Contracting Officer’s Representative (COR) and any Task Managers. Please see the job description for more information.

The Agua Caliente Band of Cahuilla Indians

Tribal Court Administrator, Palm Springs, CA. This position offers the opportunity to play a leading role in the initial establishment of the ACBCI Tribal Court System. The TCA will have the responsibility for management and supervision of daily court operations, including development, implementation and maintenance of the case management system, facilities management and security, strategic planning and fiscal activity. Please see the position description for more information.

Pueblo of Laguna

Associate Judge, Pueblo Court, Laguna, NM. Closing date for application submission is October 18, 2019. Please visit the Pueblo of Laguna website for more information and application instructions at www.lagunapueblo-nsn.gov or you can contact the Human Resources office at (505) 552-6654.

Public Defender, Pueblo Court, Laguna, NM. Application is open until filled. Please visit the Pueblo of Laguna website for more information and application instructions at www.lagunapueblo-nsn.gov or you can contact the Human Resources office at (505) 552-6654.

The Cheyenne and Arapaho Tribes

RFP, Associate Judge, Concho, OK. The scope of work includes, but is not limited to handling, presiding over and adjudicating all criminal, civil, juvenile, and traffic cases and litigation as assigned by the Chief Judge or Chief Justice within the jurisdiction of the Cheyenne and Arapaho Court. The full scope of work is included in the description. The closing date for the position is November 29, 2019 at 3pm CST.

The Coquille Indian Tribe

RFP, Chief Judge, North Bend, OR. The Tribe is accepting proposals from qualified attorneys to provide hourly contracted services. The selected candidate would be ineligible for tribal employment fringe benefits. The Tribe anticipates this work will involve up to approximately five or six hours of billable work time per week, excluding travel. This is a three-year appointment, expected to begin on February 1, 2020. The deadline to submit proposals is 5:00 p.m. Pacific, November 15, 2019. Contact Mike Frost at mikefrost@coquilletribe.org with questions.

See posts from October 25, 2019.

Federal Court Dismisses ADA Claim against Tribal Enterprise [service animal barred from casino]

November 1, 2019November 1, 2019Matthew L.M. Fletcher

Here are the materials in Drake v. Salt River Pima-Maricopa Indian Community (D. Ariz.):

1 Complaint

14 Motion to Dismiss

15 Motion to Set Aside Default

21 Response to 14

22 Response to 15

24 Reply in Support of 14

25 Reply in Support of 15

26 DCT Order

Governor Whitmer Signs Executive Directive to Strengthen Tribal-State Relations

November 1, 2019Matthew L.M. Fletcher

Here is the Executive Directive.

Press release:

Governor Whitmer Signs Executive Directive to Strengthen Tribal-State Relations

EDbuilds upon and strengthens process of tribal consultation

MT. PLEASANT, Mich. —Today, during a summit of Michigan’s tribal leaders, Governor Gretchen Whitmer signed Executive Directive 2019-17. The executive directive reaffirms and extends Michigan’s commitment to recognize the sovereignty and right of self-governance of Michigan’s federally-recognized Indian tribes and orders each state department and agency to adhere to these principles.

“As Michiganders, we must ensure that our tribalcommunitiesare treated with dignity and respect,” said Governor Whitmer.“It’s important to me that each tribe has aseat at the table in my administration to contribute their perspectives, and I’m committed to working closely with our tribal leaders to protect the health, safety, and welfare of their communities.”

Executive Directive 2019-17 also details a process of tribal consultation designed to ensure meaningful and mutually beneficial communication and collaboration between these tribes and the departments and agencies on all matters of shared concern. It’s also the firstexecutivedirectivein Michigan history to require training on tribal-state relations for all state department employees who work on matters that have direct implications for tribes.

Governor Whitmer has shown a deep commitment to ensuring members of Michigan’s federally recognized tribes have a seat at the table in state government. She appointed Wenona Singel, a citizen of Little Traverse Bay Bands, as her advisor on tribal-state affairs, the first tribal citizen to hold this position in Michigan history.

Tribal members that Governor Whitmer has appointed to Michigan state boards and commissions include Chris Swartz on the UP Energy Task Force, General Counsel Whitney Gravelle on the Michigan Women’s Commission, Natural Resources Department Director Evelyn Ravindran on the Committee on Michigan’s Mining Future, and Councilor Emily Proctor on the Census Complete Count Committee.

MSU Press Publishes “After the Bloodbath Is Healing Possible in the Wake of Rampage Shootings?” by James Diamond

October 31, 2019Matthew L.M. Fletcher

Here. The blurb:

As violence in the United States seems to become increasingly more commonplace, the question of how communities reset after unprecedented violence also grows in significance. After the Bloodbath examines this quandary, producing insights linking rampage shootings and communal responses in the United States. Diamond, who was a leading attorney in the community where the Sandy Hook Elementary School tragedy occurred, focuses on three well-known shootings and a fourth shooting that occurred on the Red Lake Indian Reservation in Minnesota. The book looks to the roots of Indigenous approaches to crime, identifying an institutional weakness in the Anglo judicial model, and explores adapting Indigenous practices that contribute to healing following heinous criminal behavior. Emerging from the history of Indigenous dispute resolution is a spotlight turned on to restorative justice, a subject no author has discussed to date in the context of mass shootings. Diamond ultimately leads the reader to a positive road forward focusing on insightful steps people can take after a rampage shooting to help their wounded communities heal.