tribal courts – Page 78

Yale Native Study Group Overview of Dollar General v. Mississippi Choctaw Case

October 30, 2015Matthew L.M. Fletcher

Here, “YGSNA Members Prepare Amicus Briefs for the U.S. Supreme Court, DOLLAR GENERAL CORP. vs. MISSISSIPPI BAND OF CHOCTAW INDIANS.” An excerpt:

In 2000, the Dollar General Corporation entered into a series of agreements with the Mississippi Band Choctaw Indians to open a Dollar General store on the Tribe’s lands in Mississippi. Numerous national chains and corporations maintain commercial establishments on tribal lands, leasing lands, facilities, and related commercial venues for their enterprises. Such leases and agreements form contracts that are executed by both tribal and corporate attorneys.

Dollar General agreed not only to lease lands from the Tribe for its retail business but also to enter into the Tribe’s Youth Opportunity Program, which places tribal youth in working environments. In Summer 2003, a 13-year-old entered this program and was placed within the Dollar General store under the supervision of a store manager who, the minor and his parents allege, sexually assaulted him. Since the United States Supreme Court, in 1978, declared that Tribal Governments may no longer exercise their inherent criminal jurisdiction over Indians who commit crimes on tribal lands, the minor, his family, and the Tribe looked to the local U.S. Attorney’s Office for prosecution. The United States declined to proceed with a criminal complaint, and the minor and his parents then sued Dollar General and its employee in tribal court, seeking damages relating to the child’s injuries. The District Court and Mississippi Band of Choctaw Supreme Court both sided with the minor.

Deputy AG Vacancy With Colorado River Indian Tribes

October 30, 2015Sarah M Donnelly

Vacancy announcement here.

Department: Criminal Prosecution
Salary range: $65,000 to $75,000 depending on experience.
For more information/questions:

Rebecca A. Loudbear
Attorney General
Colorado River Indian Tribes
Email: rloudbear@critdoj.com
Phone: 928-669-1271

Washtenaw Circuit Judge Tim Connors Honored with Judicial Excellence Award

October 29, 2015Matthew L.M. Fletcher

Here:

GRAND RAPIDS, MI, October 28, 2015 – The Michigan Judges Association has announced that Washtenaw County Circuit Court Judge Timothy P. Connors is the 2015 winner of the Hilda Gage Judicial Excellence Award. Judge Connors has served on the bench since 1991, serving as chief judge for more than a decade, and also serving by appointment as Judge Pro Tem for the Little Traverse Bay Bands of Odawa Indians.

“Judge Connors has led groundbreaking efforts to strengthen the juvenile court in Washtenaw County and he has been an instrumental collaborator in developing strong state-tribal court relations,” said Michigan Supreme Court Justice Bridget McCormack. “Because of his efforts, Washtenaw’s juvenile court system looks dramatically different in the six short months he has presided over this docket.”

“His impact on child welfare cases transcends the systemic reform efforts he has undertaken,” Justice McCormack said. “On each individual case, he carefully listens to each family’s story. According to the lawyers who regularly appear before him, no matter the result in the particular hearing or case, the parties all leave feeling that they have been heard. The community’s respect for the juvenile court has grown because of his approach.”

This award is named after the late Michigan Court of Appeals Judge Hilda Gage and recognizes Circuit and Court of Appeals judges who have excelled in trial and docket management, legal scholarship, and contributions to the profession and the community. The award honors current or former judges who serve their profession and their communities with integrity, skill, and courage every day.

A biography of Judge Connors is available here.

Fourth Circuit Rejects Challenge to Western Sky Arbitration Provision

October 29, 2015Matthew L.M. Fletcher

Here is the opinion in Parnell v. CashCall Inc.

Materials and briefs here.

NAICJA Board of Directors Unanimously Support AG and ILOC Reports

October 29, 2015Sarah M Donnelly

Resolution No. 2015-01
Resolution No. 2015-02

The National American Indian Court Judges Association are supporting the Indian Law and Order Commission’s November 2013 report entitled “A Roadmap for Making Native America Safer,” which “advocates for tribal justice systems to have the ability to fully express their sovereignty by opting out of the current jurisdictional maze, and exercise criminal jurisdiction over all persons without any sentencing limitations, including juveniles.” However, NAICJA prefers that all individuals charged with crimes under this enhanced tribal jurisdiction be provided with civil rights protections equivalent to those guaranteed by the Indian Civil Rights Act, instead of the U.S. Constitution.

NAICJA is also supporting the November 2014 report from the Attorney General’s advisory committee on American Indian/Alaska Native Children Exposed to Violence entitled “Ending Violence So Children Can Thrive” which “calls for the restoration of the inherent sovereignty of tribes to assert full criminal jurisdiction over all persons who commit crimes against AI/AN children in Indian country.”