tribal courts

Conference Announcement: “No Justice Without Peace: 3rd Biennial Gathering of Peacemakers”

Matthew L.M. Fletcher

The Tribal Judicial Institute, in collaboration with the Chickasaw Nation, FVTC, NTJC and NARF, will be hosting No Justice Without Peace: 3rd Biennial Gathering of Peacemakers at the Artesian Hotel in Sulphur, OK on April 22-24, This conference will introduce participants to indigenous justice methodologies and examples of how such methodologies are being incorporated into tribal justice systems. Highlights of the event include:

Tuesday April 22 – PRE–CONFERENCE
• DOJ/BIA Pre-conference Listening Session Regarding Peacemaking
• Peacemaking Initiative: Feedback Session
Wednesday April 23-24- MAIN CONFERENCE
• Peace and Justice Between World Views
• Roundtable Discussion on the Depth pf Peacemaking and Importance of Process
• Victimization to Criminality: How the Cycle of Injustice Continues
• Preparing te Next Generation of Peacemakers through Academia
• Positive Aspects of Peacemaking in Tribal Communities
• Peacemaking Programs at Work in Tribal Nations
• Child Protection Programs and Peacemaking
• Matriarchal Nature of Justice and Peacemaking
• Specialty Courts Using the Peacemaking Model
• Peacemaking in the Court
• Integrated Justice Models
Targeted Audience: Tribal Leaders, Tribal Judges, Peacemakers, Tribal Court Planners, Tribal Prosecutors, Tribal Attorneys and Tribal Justice System Officials. We also welcome practitioners from Federal and State justice systems who may be providing services to tribal communities and tribal members.

REGISTRATION:
There is no fee for registration.
PLEASE VISIT http://www.law.und.edu/tji/events.cfm TO REGISTER

LODGING:
PLEASE CONTACT THE ARTESIAN HOTEL @ 1-855-455-5255 to reserve a room.
A room block has been set up under the Peacemakers Gathering
There is a special conference rate of $83.00/ night plus taxes and fees.
The Room Block expires when filled or no later than April 11, 2014 so be sure to reserve your room quickly.
Presented by the Tribal Judicial Institute of the University of North Dakota, with a grant from the Department of Justice, Office of Justice Programs, and the Bureau of Justice Assistance (BJA). For questions, contact Lynnette at 701-777-6306 orlynnette.morin@ad.ndus.edu
This training is being hosted in collaboration with the host Chickasaw Nation; National Judicial College; Fox Valley Technical College; and NARF

Update in Caddo Leadership Dispute; Federal Court Denies TRO

Matthew L.M. Fletcher1 Comment

Here are the new materials in Caddo Nation of Oklahoma v. Court of Indian Offenses for the Anadarko Agency (W.D. Okla.):

10 Plaintiff Supplemental Brief

13 Defendant Response

17 DCT Order Denying TRO

Earlier materials are here.

Nooksack Disenrollments under Resolution 13-111 Enjoined

Matthew L.M. Fletcher

Here:

Roberts v Kelly Order Permanently Enjoining Disenrollment Proceedings

COA materials here.

Federal Court Holds Little River Band Cannot Prosecute Tribal Member Crimes on Tribe-Owned Fee Land Outside of Indian Country

Matthew L.M. Fletcher5 Comments

Here are the materials in Kelsey v. Pope (W.D. Mich.):

1 Kelsey Habeas Petition

13 LRB Response to Habeas Petition

16 Kelsey Reply

30 LRB Supplemental Memorandum

31 Kelsey Response

35 MJ R&R

36 LRB Objection

39 Kelsey Reply

41 DCT Order

Updated and Complete Summary Judgment Briefs in Cherokee Freedman Case

Matthew L.M. Fletcher2 Comments

Here are the materials in Cherokee Nation v. Nash (D.D.C.):

233 Cherokee Nation Brief

234 Federal Defendants – Expert Report in Support of Partial Summary Judgment

Exhibit 3 Federal Defendants Motion and Memo In Support – Cross Motion for Partial Summary Judgment and Opposition to Cherokee Motion

235-1 Cherokee Freedmen Brief

235-3 Exhibits

239 Cherokee Nation Reply

243 Federal Defendants’ Reply to Cherokee Opposition to Cross-Motion for Partial Summary Judgment

243-1 Ex 1 to Federal Reply Brief

243-2 Ex 2 to Federal Reply Brief

244 Cherokee Freedmen Reply

Oral argument set for April 28, 2014.

Allegheny College Conference: “Democracy Realized? The Legacies of the Civil Rights Movement”

Matthew L.M. Fletcher

Description here.

I’ll be presenting a survey paper on tribal justice systems. Paper here.

Home of the Allegheny Alligators

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Bureau of Justice Statistics Seeks Comments on Tribal Court Survey

Matthew L.M. Fletcher1 Comment

The Bureau of Justice Statistics (BJS) released a federal register notice requesting comments on a Tribal Court Survey that they will soon be releasing to all of Indian country. This survey represents a much needed and significant study of tribal court systems, and will serve as “the nation’s key measure of tribal court systems.” This data will be used to inform policy, funding program decisions and future areas of issues to address. Questions range from tribal court structure to case load to collaboration with other sovereigns.

Here are the Federal Register notice and three surveys:

Fed. Reg. Notice — Tribal Court Survey Mar. 25, 2014

NSTCS Draft__LOWER 48 SURVEY_2 5 14

NSTCS Draft_AK SURVEY_2 5 14

NSTCS Draft_CFR COURT SURVEY_2 5 14

Note that there are three versions of the survey attached, one for Lower 48 Tribes, one for Alaska Tribes, and one for Tribes with CFR Courts.

BJS is currently accepting comments from the public regarding this survey. We highly encourage you, and especially your tribal court personnel, to take a look and provide any thoughts. Even short responses are welcome, as the quality of this survey will directly impact the quality of the results.

Public comments will be accepted until May 27, 2014.

Submit your comments (and/or questions) to:
Steven Perry
Statistician, Bureau of Justice Statistics
810 Seventh Street NW
Washington, D.C. 20531
(202) 307-0777
Steven.W.Perry@usdoj.gov

Caddo Nation Leadership Dispute in Federal Court

Matthew L.M. Fletcher2 Comments

Here are the materials in Caddo Nation of Oklahoma v. Court of Indian Offenses for the Anadarko Agency (W.D. Okla.):

1 Complaint

1-7 Petn for Emergency TRO

1-8 CIO Emergency TRO

2 Plaintiff Motion for TRO

8 Plaintiff Supplemental Brief

9 DCT Order

Federal Court Holds Tribe May Prosecute Disenrollee

Matthew L.M. Fletcher

Here are the materials in Las Vegas Tribe of Paiute Indians v. Phebus (D. Nev.):

1 Complaint

1-1 Tribal Court of Appeals Opinion

8 Motion for Declaratory Judgment

10 DCT Order

An excerpt:

The Court DECLARES that the Tribe may assert criminal jurisdiction over any person qualifying as an Indian under the ICRA, as interpreted in cases such as United States v. Bruce, 394 F.3d 1215 (9th Cir. 2005), but in such a prosecution the Tribe must prove Indian status beyond a reasonable doubt, and the Tribal Court must submit the question to a jury where the crime is punishable by imprisonment, unless the jury right is properly waived, and there is no evidence that these procedures were followed as to Phebus in the cases cited. Furthermore, if the Tribe seeks to prosecute a non-member whose membership it has revoked or rejected, the Indian status analysis in such a prosecution may not rely upon political affiliation with the Tribe, but only upon actual or de facto membership in another tribe.

Federal Court Requires Exhaustion of Tribal Remedies in ICRA Habeas Claim

Matthew L.M. Fletcher1 Comment

Here are the materials in Styliest v. Rosebud Sioux Tribe (D.S.D.):

1 Habeas Petition

5 DCT Order Denying Habeas Writ

The Eighth Circuit denied petitioner’s direct appeal of his federal conviction here.