Here are the materials in AMERIND Risk Management Corporation v. Blackfeet Housing (D. N.M.):
tribal courts
Alaska Public Media Story on the Kenaitze Joint Jurisdiction Court
Here.
Kenaitze Indian Tribe in Kenai is partnering with the State of Alaska to develop the state’s first joint-jurisdiction therapeutic court. Proponents say it’s a step towards better support for community members — both Native and non-Native — who are struggling with substance abuse and the legal system.
Judge Sweet identifies a particular issue of interest:
Kimberley Sweet, Chief Judge for the Kenaitze tribal court, said the situation is having a serious impact on families.
“99 percent of our children and native aid cases come in and there is a drug and alcohol component to either the neglect or the abuse that has taken place and the state court is seeing the same things,” Sweet said. “We were having people in our CINA cases here that had a simultaneous criminal case going on over in the state court.”
Ninth Circuit Rejects Informal FMLA/Defamation Claim against Havasu Landing Casino
Here are the materials in Mullally v. Gordon:
Briefs:
2017 US DOJ Coordinated Tribal Assistance Solicitation (CTAS)
Meant to post this sooner, but the CTAS applications are up and due February 28th. These grants provide can support to tribal courts and tribal justice systems:
In Fiscal Year 2010, the U.S. Department of Justice (DOJ) launched the Coordinated Tribal Assistance Solicitation (CTAS) initiative, which encompassed most of the Department’s available Tribal government-specific grant programs. Through CTAS the Department has awarded over 1,600 grants totaling more than $722 million to hundreds of American Indian and Alaska Native communities. The Tribes are using these funds to enhance law enforcement, bolster justice systems, prevent and control delinquency, strengthen the juvenile justice system, serve sexual assault and elder victims, and support other efforts to combat crime.
Friday Job Announcements
Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.
American Probation and Parole Association
Grants Manager, Tribal Programs, Seattle, WA.
Grants Manager, Tribal Programs, Sacramento, CA. Both close January 3, 2017.
Hualapai Nation
Associate Judge, Tribal Court. Closes December 30, 2016.
North Dakota SCT Issues Ruling on Tribal Jurisdiction
Here is the opinion in Fredericks v. Fredericks. An excerpt:
Lyndon Fredericks appeals, and Bole Resources, LLC, and others (“Bole defendants”) cross-appeal from a judgment declaring the district court had subject-matter jurisdiction over the action, reforming a quit claim mineral deed, quieting title in the mineral interests in Paul Fredericks, and ordering Lyndon Fredericks to pay the Bole defendants damages plus interest and their attorney fees. Because we conclude the district court correctly ruled it had subject-matter jurisdiction, its findings of fact are not clearly erroneous, and it did not abuse its discretion, we affirm.
Briefs here:
Wash. Superior Court Refuses to Recognize Nooksack Holdover Council or Tribal Court Decisions
Here is yesterday’s order in In re Gabriel S. Galanda:
Federal Court Orders Discovery from Tribal Judge on the Bad Faith Exception to the Tribal Exhaustion Doctrine
Here are the materials in Acres v. Blue Lake Rancheria (N.D. Cal.):
The court had previously dismissed a related case, materials here.
Federal Court Dismisses Slip and Fall Suit against Casino for Failure to Exhaust Tribal Remedies
Here are the materials in Sullivan v. Harrah’s Operating Company (D.S.C.):
Legal Guidance on Detention of Non-Indian Criminal Suspects
Download(PDF): Signed Memo Guidance on Legal Authority
The BIA Office of Tribal Justice issued guidance on legal authority of Tribal law enforcement to detain non-Indian offenders in Indian Country. It clarifies that if a non-Indian commits a crime in Indian country, tribal police have the authority to detain and put them in BIA detention facilities, until the status of tribal jurisdiction can be determined. If the tribe does not have criminal jurisdiction, they can be held until transferred to a federal or state prosecuting authority.
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