tribal courts

33rd Alaska Tribal Court Development Conference

Matthew L.M. Fletcher

The 33rd Alaska Tribal Court Development Conference (the event is limited to Alaska Tribal Justice Personnel only) will feature current issues and recent developments affecting Alaska tribal courts and tribal jurisdiction. The annual event is intended for Tribes that are pursuing current and relevant tribal court training. It also provides information to Tribes that are just beginning to develop their own tribal courts and to Tribes seeking to expand or to modify tribal court operations.

The theme of this year’s Conference is “Fairness in Justice.” Judges, elders, practitioners, and distinguished speakers will present on the tribal court role in supporting restorative justice; addressing alcohol and drug abuse in the villages; and protecting Alaska Native children, elders, and vulnerable adults. Other topics include tribal-state collaboration in criminal matters and fairness and impartiality in tribal court proceedings.

Registration form and draft agenda may be found at: https://www.tananachiefs.org/events/village-strategies-projects-events/tribal-court-development-conference/.

Nooksack COA Order on Motion for Contempt against Tribal Police Chief for Refusal to Comply with Court Orders

Matthew L.M. Fletcher1 Comment

Here:

In re Gabriel Galanda v Nooksack Tribal Court Order on Motion to Enforce Contempt Order

Related materials here.

Job Posting for Mescalero Apache Tribal Chief Judge

Matthew L.M. Fletcher

Here, see page 40.

Judge Ron Whitener and Kate Fort Presentations at NCJFCJ Annual Conference

Victoria Sweet

Judge Ron Whitener, Chief Judge of the Tulalip Tribal Court, was the first ever Native plenary speaker at NCJFCJ’s Annual Conference. He gave a presentation entitled “How State and Tribal Court Judges Can Work Together to Improve Outcomes.” Judge Whitener’s presentation was very well-received by the judges, and he received a standing ovation from the audience.

In addition, Kate Fort presented a well-attended session entitled “What State Court Judges Need to Know About ICWA.” Kate gave a brief update on recent court activity around ICWA and then summarized some key provisions in the new ICWA regulations. The judges were thrilled to receive this brand new and important information.

Thanks to both of them for their contributions to the conference and to NCJFCJ for its continuing commitment to tribal courts, tribal issues, and tribal-state collaborations.

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Save the Dates: Tribal Judicial Institute Conference and Training

Sarah M Donnelly

Download the flyer (PDF) here.

Link to events page here.

Emerging Issues Conference is September 21-22, 2016, and the Advanced Court Clerk/Administrator Training is September 20-22, 2016. Both happen at Wild Horse Pass in Chandler, AZ.

Latest Rejected Filings from Nooksack Tribal Court Clerk

Sarah M Donnelly

Galanda v Bernard Rejected Motion for Partial Summary Judgment

Galanda v Bernard Rejected Declaration of Anthony Broadman In Support of Motion for Partial Summary Judgment

In re Gabriel Galanda v Nooksack Tribal Court REJECTED Motion to Enforce Contempt Order

In re Gabriel Galanda v Nooksack Tribal Court REJECTED Declaration of Gabriel S. Galanda In Support of Motion to Enforce Contempt Order

Link to previous coverage here.

Cert Petition in Kelsey v. Pope

Teresa Walrod2 Comments

Cert Petition regarding the question of the Little River Band’s criminal jurisdiction over off-reservation crimes affecting core tribal government interests.

Questions presented:

1.  Whether Indian tribes can prosecute their members for acts that occur outside the tribe’s territory absent Congressional authorization; and

2. Whether the Band’s retroactive expansion of a narrow and precise jurisdictional statute to encompass an extraterritorial act previously outside its plain terms violates the due process protections of the Indian Civil Rights Act, 25 U.S.C. § 1302(a), and Bouie v. City of Columbia, 378 U.S. 647 (1964).

No. 16-5120 Kelsey Cert Petition

Prior posts on Kelsey v. Pope, including lower court decisions, are here.

 

Hualapai Ranch Tribal Court Litigation Dismissed with Prejudice

Sarah M Donnelly

Download ruling here.

Link to news coverage here.

Maricopa County Superior Court found that sovereign immunity bars contractor’s suit for breach of contract.  The contractor’s tribal court case is still pending in the Hualapai Court of Appeals.

VAWA Tribal Trial Advocacy Skills Training at Eastern Band Cherokee

Kate Fort1 Comment

EBC_VAWA_SaveTheDate

August 24-26, 2016
Harrah’s Cherokee Casino Eastern Band of the Cherokee Nation Cherokee, North Carolina

The BIA Office of Justice Services and the Eastern Band of the Cherokee Nation present a free training for tribal judges, prosecutors, public defenders and tribal leaders in trial advocacy skills and the Violence Against Women Act Reauthorization Special Domestic Violence Jurisdiction over Non-Indians.

Presenters Include:

Jill Rose, United States Attorney, Western District of North Carolina
Hon. Steve Aycock, National Council of Juvenile and Family Court Judges
John Pritchard, Assistant United States Attorney and Tribal Liaison, Western District of North Carolina
Leslie Hagan, National Indian Country Training Coordinator for the Justice

The Training is free of charge, but travel and lodging are at the participant’s expense. Rooms have been reserved at the Harrah’s Cherokee Casino Resort at a conference rate of $129 a night. Call 1-866-503-3904 to reserve rooms and use the conference code S08VAWA.

Please email and return the attached registration form to Tessa Turnbow at tessat@whitenergroup.biz

Eighth Circuit Affirms DV Recidivist Conviction

Matthew L.M. Fletcher

Here is the opinion in United States v. Drapeau.