Here:
tribal courts
NARF Press Release on Parks v. Simmonds
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Friday, July 18, 2014
Alaska Supreme Court affirms full faith and credit to tribal court orders in Simmonds v. Parks decision
This morning, the Alaska Supreme Court issued its opinion in Simmonds v. Parks. The Court ruled the Minto Tribal Court’s order terminating Mr. Parks’ parental rights was entitled to full faith and credit and remanded the matter back to the superior court to be dismissed. Today’s decision ends the long-running case and reaffirms the respect owed to tribal courts when deciding issues that concern tribal children.
Background:
In June 2008, the Minto Tribal Court took emergency custody of an infant girl. After numerous hearings in which the parents participated, the Minto Tribal Court terminated the parental rights of the girl’s mother and father, Mr. Parks, and granted permanent custody of the child to the Simmonds who are relatives of the child’s mother. Mr. Parks did not appeal the decision in the Minto Tribal Court, but instead filed a series of lawsuits in federal and state court claiming, among other things, that the tribal court has no jurisdiction over him and that the Minto Tribal Court’s traditional practices and procedures violated his right to due process. Based on these arguments, Mr. Parks claimed that the tribal court termination order was not entitled to full faith and credit under the Indian Child Welfare Act (ICWA). The Simmonds argued that the termination order is entitled to full faith and credit, and they moved to dismiss the state court action, but this motion was denied by the superior court in November 2010.
The Simmonds petitioned the Alaska Supreme Court for review. The petition was granted, and the case was remanded to the superior court for it to make specific factual findings and legal conclusions. The superior court issued findings and concluded in part that tribal courts may not have jurisdiction over nonmembers and also suggested that the Minto Tribal Court’s traditional practices and procedures violated Mr. Parks’s right to due process. The Simmonds filed another petition for review with the Alaska Supreme Court asking that numerous aspects of this decision be reversed.
The State of Alaska intervened in the case and argued vigorously against the Minto Tribal Court’s jurisdiction and the use of the Tribal Court’s traditional law and processes. Attorney General Geraghty himself published an opinion piece on the case. These actions are consistent with the State’s 2004 Renkes Opinion and subsequent lawsuits in which the State has refused to recognize the authority of tribal courts over member children, including State v. Native Village of Tanana, Kaltag Tribal Council v. Jackson, and the ongoing State v. Central Council of Tlingit & Haida Indian Tribes of Alaska.
The Alaska Supreme Court’s Decision:
In its opinion today, the Alaska Supreme Court affirmed that the Minto Tribal Court’s decision is entitled to full faith and credit by Alaska courts. The Court affirmed that the Minto Tribal Court’s judgment on the custody of the child implicates interests that are at the core of tribal sovereignty and self-determination, and the Court rejected the State’s jurisdictional arguments to the contrary. In addition, the Court’s opinion is notable because it adopts the longstanding exhaustion of tribal remedies doctrine, which requires litigants to make use of tribal appellate courts before challenging tribal court decisions in federal or state courts.
NARF Staff Attorney Erin Dougherty described the Court’s analysis of full faith and credit and the tribal exhaustion doctrine as “a direct rebuke of the State of Alaska’s arguments, which sought to treat the decisions of tribal courts differently simply because they are Tribes. These arguments have no foundation in federal law and do a great disservice to the relationships between Tribes and the State of Alaska.” NARF Staff Attorney Natalie Landreth agreed, noting that “the Court’s decision today is entirely consistent with federal and state law.”
In this case, the Native Village of Minto did what it and the 228 other Tribes in Alaska have done since time immemorial—protect and care for their member children in times of need. The Native American Rights Fund calls on Governor Sean Parnell and Attorney General Geraghty to cease the State’s repeated efforts to oppose tribal courts and instead, work with Tribes to better protect all of Alaska’s children.
Alaska SCT Rules that State Courts Must Give Full Faith and Credit to Tribal Courts in ICWA Cases
Here is the opinion in Simmonds v. Parks.
We posted briefs here.
NAICJA Award Nomination Solicitation
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National American Indian Court Judges Association 2014 Award Solicitation
The National American Indian Court Judges Association (NAICJA) Board of Directors is soliciting nominations for four (4) NAICJA awards: the Lifetime Achievement Award, the Judicial Excellence Award, the Court Support Excellence Award and the Outstanding Service Award. The award criteria are detailed in the 2014 NAICJA Awards Solicitation document. Please use the 2014 NAICJA Award Nomination form to make nominate an individual.
Nominations close: August 29, 2014.
The awards will be announced and presented at the 45th National Tribal Judicial and Court Clerks Conference on October 7-10, 2014 at the Cherokee Nation’s Hard Rock Tulsa in Catoosa, OK. For more conference information see: http://www.naicja.org/events/2014conference
Last year’s inaugural award winners were: Chief Justice Michael Petoskey (Pokagon Band of Potawatomi Tribal Court) (Lifetime Achievement Award), Chief Judge Richard Blake (Hoopa Tribal Court) (Judicial Excellence Award) and Dean Stacy Leeds (University of Arkansas School of Law, former Chief Justice, Cherokee Nation Supreme Court) (NAICJA Service Award.) The Court Support Excellence Award is new for 2014.
Established in 1969, NAICJA is non-profit membership organization of present and former tribal court judges, court personnel and other tribal justice system supporters from approximately 300 tribal courts throughout the United States. NAICJA provides support, continuing education and technical assistance to tribal justice systems and seeks to further public knowledge and understanding of tribal courts
Colville Job Announcements
News Article on Saginaw Chippewa Tribal Membership Disenrollments
Nooksack COA Refuses to Allow Council to Immediately Restart Disenrollments
Here are the materials in Belmont v. Kelly (Nooksack Court of Appeals):
Belmont v. Kelly COA Defendant-Appellants’ Notice for Permission to File an Interlocutory Appeal
Belmont v. Kelly COA Order Denying Permission to File an Interlocutory Appeal
ICT on NICS’ New Online Tribal Court Opinions Database
Here is ” Northwest Tribal Courts Providing Free Access to Justice.”
We posted on this here.
Read more at http://indiancountrytodaymedianetwork.com/2014/07/01/northwest-tribal-courts-providing-free-access-justice-155581Eighth Circuit Briefs in Smith v. Parker — Formerly a Tribal Court Jurisdiction Matter, Now a Reservation Boundaries Matter
Here:
Lower court materials and links to prior iterations of this case here.
Judicial Positions – Sac and Fox Nation of Missouri in Kansas and Nebraska
Job Openings Sac and Fox Nation of Missouri in Kansas and Nebraska
305 North Main Street
Reserve Kansas 66434
Tribal District Judge The Sac and Fox Nation of Missouri in Kansas and Nebraska has a vacancy in the position of Tribal District Judge. The Tribal District Judge is appointed to a six-year term by the Tribal Council and hears all cases brought in the Nation’s Tribal District Court, including but not limited to Juvenile, Criminal and Civil cases. The Tribal District Judge also provides administrative oversight to the Court and provides supervision to the Court Clerk, Administrator and Probation Officer. The Tribal District Judge conducts hearings at least one day per month, but possibly more depending on case load. Preferred Qualifications include experience as a Tribal Judge or practice of Indian law, familiarity with Federal Indian law and policy, and experience working with a tribal community. Minimum requirements for the position are that the Judge shall: (a) Be either: (1) An enrolled member of the Tribe; or (2) The parent, child or spouse of an enrolled member of the Tribe; or (3) Actually domiciled within the territorial jurisdiction of the Tribe; or (4) An attorney; or (5) A lay advocate who has regularly practiced before the Sac and Fox Tribal Court as a member of the Bar of the Court for a period of five (5) years or more; or (6) An Indian graduate of an American Bar Association approved Law School, or a Paralegal program approved by the Supreme Court. (b) Have demonstrated moral integrity and fairness in his or her business, public and private life. (c) Have never been convicted of a felony or an offense punishable by banishment, whether or not actually imprisoned or banished, and have not been convicted of any offense, except traffic offenses, for a period of two (2) years next preceding his or her appointment. (d) Have regularly abstained from the excessive use of alcohol and any use whatsoever of illegal drugs or psychotoxic chemical solvents. (e) Be not less than twenty-five (25) years of age. (f) Not be a member of the Tribal Council or the holder of any other elective Tribal Office of the Sac and Fox Nation of Missouri, provided, that a candidate who is a member of the Tribal Council, or the holder of some other elective Tribal Office, may be confirmed as a Judge subject to his or her resignation. Tribal District Judge is a Contract/Exempt position. Compensation is negotiable depending on experience and qualifications. To apply or nominate a candidate, submit a letter of interest, resume, writing sample and three (3) references to: Gary Bahr gbahr@sacandfoxcasino.com, Tribal Secretary, 305 North Main Street, Reserve, Kansas 66434.
Associate Justice of the Tribal Supreme Court (Two Openings) The Sac and Fox Nation of Missouri in Kansas and Nebraska has two vacancies for the position of Associate Justice of the Tribal Supreme Court. Associate Justices of the Supreme Court are appointed to staggered terms. Thus, one position is for an initial appointment to a term of four years and the other position is for an initial appointment to a term of six years. The Associate Justices of the Supreme Court hear appeals from the Tribal District Court, prepare appropriate orders, keep appropriate records and perform any of the duties and powers of a Tribal District Judge in appropriate cases. Hearings and arguments are held on an as-needed basis. Preferred Qualifications include experience as a Tribal Judge or practice of Indian law, familiarity with Federal Indian law and policy, and experience working with a tribal community. Minimum requirements for the position are that the an Associate Justice of the Supreme Court shall: (a) Be either: (1) An enrolled member of the Tribe; or (2) The parent, child or spouse of an enrolled member of the Tribe; or (3) Actually domiciled within the territorial jurisdiction of the Tribe; or (4) An attorney; or (5) A lay advocate who has regularly practiced before the Court as a member of the Bar of the Court for a period of seven (7) years; or (6) An Indian graduate of an American Bar Association approved law school, or a paralegal program approved by the Supreme Court; and (b) Have demonstrated moral integrity and fairness in his business, public and private life; and (c) Have never been convicted of a felony or an offense punishable by banishment or involving moral turpitude, whether or not actually imprisoned or banished, and have not been convicted of any offense, except traffic offenses, for a period of five (5) years next preceding his or her appointment.; and (d) Have regularly abstained from the excessive use of alcohol and any use whatsoever of illegal drugs or psychotoxic chemical solvents; and (e) Be not less than thirty (30) years of age; and (f) Not be a member of the Tribal Council or the holder of any other elective Tribal Office of the Sac and Fox Nation of Missouri, provided, that a candidate who is a member of the Tribal Council, or the holder of some other elective Tribal Office, may be confirmed as a Judge subject to his or her resignation.; and (g) If less than fifty (50) years of age, have completed at least sixty (60) semester credit hours at an accredited college or university, or at least four (4) years of previous experience. Associate Justice of the Tribal Supreme Court is a Contract/Exempt position. Compensation is negotiable depending on experience and qualifications. To apply or nominate a candidate, submit a letter of interest, resume, writing sample and three (3) references to: Gary Bahr gbahr@sacandfoxcasino.com, Tribal Secretary, 305 North Main Street, Reserve, Kansas 66434.
Chief Justice of the Tribal Supreme Court The Sac and Fox Nation of Missouri in Kansas and Nebraska seeks applicants for the position of Chief Justice of the Tribal Supreme Court. The position is for an initial appointment to a term of two years. The Chief Justice of the Supreme Court hears appeals from the Tribal District Court, prepares appropriate orders, keeps appropriate records, provides administrative oversight and performs any of the duties and powers of a Tribal District Judge in appropriate cases. Hearings and arguments are held on an as-needed basis. Preferred Qualifications include experience as a Tribal Judge or Justice, practice of Indian law, familiarity with Federal Indian law and policy, and experience working with a tribal community. Minimum requirements for the position are that the an Associate Justice of the Supreme Court shall: (a) Be either: (1) An enrolled member of the Tribe; or (2) The parent, child or spouse of an enrolled member of the Tribe; or (3) Actually domiciled within the territorial jurisdiction of the Tribe; or (4) An attorney; or (5) A lay advocate who has regularly practiced before the Court as a member of the Bar of the Court for a period of seven (7) years; or (6) An Indian graduate of an American Bar Association approved law school, or a paralegal program approved by the Supreme Court; and (b) Have demonstrated moral integrity and fairness in his business, public and private life; and (c) Have never been convicted of a felony or an offense punishable by banishment or involving moral turpitude, whether or not actually imprisoned or banished, and have not been convicted of any offense, except traffic offenses, for a period of five (5) years next preceding his or her appointment.; and (d) Have regularly abstained from the excessive use of alcohol and any use whatsoever of illegal drugs or psychotoxic chemical solvents; and (e) Be not less than thirty (30) years of age; and (f) Not be a member of the Tribal Council or the holder of any other elective Tribal Office of the Sac and Fox Nation of Missouri, provided, that a candidate who is a member of the Tribal Council, or the holder of some other elective Tribal Office, may be confirmed as a Judge subject to his or her resignation.; and (g) If less than fifty (50) years of age, have completed at least sixty (60) semester credit hours at an accredited college or university, or at least four (4) years of previous experience. Chief Justice of the Tribal Supreme Court is a Contract/Exempt position. Compensation is negotiable depending on experience and qualifications. To apply or nominate a candidate, submit a letter of interest, resume, writing sample and three (3) references to: Gary Bahr gbahr@sacandfoxcasino.com, Tribal Secretary, 305 North Main Street, Reserve, Kansas 66434.
The Tribal Court Positions are also held to the Tribal Code Sections, they can be downloaded for review here:
Tribal Code – District Judge
Tribal Code – Supreme Court Justice
These are full time positions with benefits, generally working a 4 day work week Monday through Thursday (unless otherwise noted). Compensation DOE. Open until filled. More information and applications can be obtained at the Sac and Fox Tribal Office, 305 N. Main, Reserve KS (Mon.-Thurs.) or call 785-742-7471, ext. 2500. Provide cover letter, resume and completed employment application addressed to Human Resources Dept. at above address or fax to 785-742-3785.
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