tribal courts

TLPI 4th Annual Healing to Wellness Court Enhancement Training, Sept. 8-10

Kate Fort

Here.

Among many other presenters, Fort & Vicaire will be talking about tribal veterans courts, family law, and (you guessed it) ICWA.

Law School Clinical Assistance Webinar on VAWA Enhanced Jurisdiction

Kate Fort

Here.

This webinar will focus on ways for law school clinics to provide assistance to tribes seeking to exercise the Violence Against Women Act (VAWA) 2013 enhanced jurisdiction. Indian tribes now have the general authority to implement criminal jurisdiction over non-Indians who violate protective orders or commit domestic violence or dating violence against Indian victims on tribal lands. Tribes wishing to exercise this Special Domestic Violence Criminal Jurisdiction over non-Indians (SDVCJ) must provide certain rights to criminal defendants and meet certain legal requirements.

Salt River Pima-Maricopa Indian Community Seeks Licensed Appellate Judge

Matthew L.M. Fletcher
SALARY: $103,491.00 – $150,061.00 Annually
OPENING DATE: 07/09/15
CLOSING DATE: 08/07/15 11:59 PM
DEFINITION:
Position Summary: Under the administrative direction of the Chief Judge, presides over criminal, civil and juvenile cases as assigned. Responsible for fair and impartial administration of justice pursuant to the judicial powers granted by the Salt River Pima-Maricopa Indian Community (SRPMIC) and  in ensuring SRPMIC adherence to applicable Federal, Tribal and other relevant laws and ordinances.The Licensed Associate Judge is appointed by the Council. This job class is treated as FLSA Exempt.
EXAMPLES OF TASKS:
Distinguishing Features: The Licensed Associate Judge is an integral member of the judicial system and as such serves to ensure the fair and impartial administration of justice.  The Licensed Associate Judge must thoroughly understand the legal system, administration of justice, interpersonal relationships, and dispute resolution as well as appropriate decision making techniques, public safety, and governmental methods of reporting.  Responsible for complex and sensitive legal decisions and judicial rulings on criminal and civil cases as assigned.  The Licensed Associate Judge’s work is reviewed by the Chief Judge through an annual performance review, reports, conferences and meetings.  Judicial conduct is governed by Section 4-25 of the SRPMIC Code of ordinances and the SRPMIC Court Rules of Professional Conduct, Sec 2, Judicial Rules of Professional Conduct.

Essential Functions:  Essential functions may vary among positions and may include the following tasks, knowledge, skills, abilities, and other characteristics.  This list of tasks is ILLUSTRATIVE ONLY and is not intended to be a comprehensive listing of tasks performed by all positions in this classification.

Tasks:

1.Manages and oversees criminal, civil and juvenile cases as assigned by the Chief Judge.    Facilitates and ensures all applicable rules of evidence and other judicial requirements are followed by parties that are in court.

2.If the Tribal Law and Order Act (TLOA) is adopted by the Community, the Licensed Associated Judge would adjudicate TLOA cases.

3.If the Commercial Court is implemented, the Licensed Associate Judge would adjudicate complex commercial transactions that would be pending before the Commercial Court.

4.Assists in the development of court rules of procedure, court policies,and goals and objective to improve operation efficiencies.   At the direction of the Chief Judge,may be asked to assume the duties of the Chief Judge in an “Acting” capacity during the absence of the elected Chief Judge.

5.Manages and maintains regular court case load of non-TLOA cases and fills in as necessary to help avoid court proceeding delays or backlog in court cases.

6.Determines trial procedures and conducts trials, examines evidence, determines validity of allegations, rules on admissibility of evidence, and prepares and issues rulings.

7.Researches legal issues and prepares appropriate legal memoranda, interprets applicable SRPMIC, other tribal jurisdictions, city, state and federal laws and regulations.

8.Drafts and issues court orders and opinions.

9.Directs the preparation and maintenance of records and dockets of actions and courts proceedings in accordance with accepted standards of court procedures.

10.Conducts arraignments, advisement of rights, and sets appearance dates.

11.Presides in jury trials and assists with jury management.  Gives jury instructions on application of facts to law.

12.Executes and issues court processes including, but not limited to, writs, judgments, decrees, arrest warrants, search warrants, subpoenas, summons, long form complaints and civil injunctions.

13.Drafts and issues orders compelling attendance at court proceedings.

14.Determines plea, motion and sentencing issues and authorizes collection procedures.

15.Decides restitution awards, revocation of probation status and bond forfeitures.

16.Sentences defendants in criminal cases in accordance with applicable laws.

17.Sits on appellate panels, if appropriate.

18.Assists in the development and implementation of plans, goals and objectives to ensure the effective and efficient administration of justice.

19.Coordinates with other tribes, federal, state, county and city authorities on court-related and juvenile matters.

20.Attends ongoing training as required by the SRPMIC and pursuant to Chapter 4, Art. 2, 4-22 of the SRPMIC Code of Ordinances.

21.Performs other job related duties as assigned by the Chief Judge to maintain and enhance judicial operations.

Knowledge, Skills, Abilities and Other Characteristics:

  • Knowledge of the SRPMIC ordinances, laws, rules, customs and traditions.
  • Knowledge of State, Federal, and Tribal statutes, codes, and ordinances.
  • Knowledge of general law, court procedures, and rules of evidence.
  • Knowledge of principles of civil and criminal law and appeals problems and procedures and methods of legal research.
  • Knowledge of principles and practices of judicial administration, program planning and development, employee supervision and training.
  • Knowledge of court operations, principles, and practices.
  • Knowledge of the history and culture of the SRPMIC.
  • Skill in oral and written communications to conduct court proceedings and elicit pertinent information from all parties.
  • Skill in establishing and maintaining effective working relationships with other judicial entities, regulatory agencies, staff, government officials, SRPMIC members and the general public.
  • Skill in understanding and interpreting complex statutes, ordinances, laws, acts, regulations and standards.
  • Skill in understanding and applying complex policies, procedures, rules, regulations and guidelines.
  • Skill in determining alternative approaches to problem solving.
  • Ability to hear and decide cases and perform judicial duties in a fair and impartial manner while upholding the integrity and independence of the judiciary.
  • Ability to research, interpret, analyze and apply legal principles to pending cases.
  • Ability to regulate extra-judicial activities to minimize the risk of neglecting or creating a conflict with judicial duties.
  • Ability to effectively communicate, both orally and in writing, with other members of the judiciary, other governmental entities, parties before the Court, and the general public.
MINIMUM QUALIFICATIONS:
Qualifications:

Education & Experience:  The applicant shall meet all the qualifications as set for in Chapter 4, Article 2, 4-22 (D) of the SRPMIC Code of Ordinances as amended.  Such qualifications include:

1.Being thirty (30) years of age or older;

2. Must have graduated from an accredited law school with a Juris Doctorate;

3.Must be a member for at least three (3) years and in good standing with a state bar association;

4.Of good moral character and any assessment of moral character shall be consistent with the customs and traditions of the Akimel O’odham and Xalychidom Piiipaash peoples;

5.Has never been removed for good cause as a judge in jurisdiction;

6.Has never been convicted of a felony in any jurisdiction and has not been convicted of a misdemeanor (not including violations that are generally considered civil  traffic violations) within the past 5 years; and

7.Preference will be given to enrolled members of the Community, the Gila River Indian Community, the Ak-Chin Indian Community and the Tohono O’odham Nation.

8.Serving a one (1) year probationary period;

9.Having never been removed for good cause from a judge position in any jurisdiction;

10.Being subject to SRPMIC administrative policies regarding employees except when such policies are inconsistent with the status and duties of a judge including, but not limited to, employee grievance, recruitment and selection, and underfill policies.  Notwithstanding the administrative policies, Section 4-25 of the SRPMIC Code of ordinance shall apply to all removal or suspension of judges;

11.Being subject to the SRPMIC Court Rules of Professional Conduct, Section 2 Judicial Rules of Professional conduct and as these rules may be amended.
SPECIAL REQUIREMENTS:
Prior to hire as an employee, applicants will be subject to drug and alcohol testing. Will be required to pass a pre-employment background/fingerprint check. Employees are subject to random drug and alcohol testing.

“SRPMIC is an Equal Opportunity/Affirmative Action Employer” Preference will be given to a qualified Community Member, then a qualified Native American and then other qualified candidate.

In order to obtain consideration for Community member/Native American preference, applicant must submit a copy of Tribal Enrollment card or CIB which indicates enrollment in a Federally Recognized Native American Tribe by one of the following methods:

1) attach to application

2)  fax (480) 362-5860

3) mail or hand deliver to Human Resources.

Documentation must be received by position closing date.
The IHS/BIA Form-4432 is not accepted.
Your Tribal ID/CIB must be submitted to HR-Recruitment-Two Waters.
APPLICATIONS MAY BE FILED ONLINE AT:
http://www.srpmic-nsn.gov/employment

OUR OFFICE IS LOCATED AT:
10005 E Osborn Road
Scottsdale, AZ 85256
480-362-7925
480-362-7925
hrrecruitment@srpmic-nsn.gov

Preference will be given to a qualified Community Member, then a qualified Native American and then other qualified candidate.

 Job #100709-150709
LICENSED ASSOCIATE JUDGE
SP

Jensen v. EXC Cert Petition

Matthew L.M. Fletcher2 Comments

Here:

Jensen Cert Petition

Questions presented:

1. Whether federal courts are free to ignore congressionally confirmed Indian treaty rights that impliedly reserve tribal jurisdiction over nonmember conduct within an Indian reservation, thereby effecting an impermissible judicial abrogation of those treaty rights.
2. Whether federal courts may disregard the Supreme Court’s multifactor analysis for determining the status of a roadway existing on tribal trust land when deciding if an Indian tribe has inherent sovereign jurisdiction to adjudicate a collision occurring on that roadway between a tribally regulated tour bus and a passenger vehicle carrying tribal members.
3. Whether federal courts may decline to apply the consensual relationship exception of Montana v. United States, 450 U.S. 544 (1981), because nonmember conduct occurred on land deemed to be the equivalent of non-Indian fee land, where (a) the Supreme Court has indicated that Montana’s consensual relationship exception can justify tribal jurisdiction over nonmember conduct occurring on non-Indian fee land or its equivalent, and (b) there exists a consensual relationship of the qualifying kind between the tribe and the nonmembers.
4. Whether federal courts may deny that an Indian tribe has inherent civil jurisdiction, pursuant to the second Montana exception, over nonmembers’ commercial touring of tribal lands that results in a fatal tour bus/auto collision where (a) the nonmembers’ conduct implicates the tribe’s interests in governing itself, controlling internal relations, and superintending land use, and (b) the impact of the commercial touring activity, unconstrained by tribal regulatory authority, is demonstrably serious and imperils the tribe’s sovereign interests.

Lower court materials here.

Survey of Tribal Child Welfare Codes by NNI and NICWA

Kate Fort1 Comment

Poster version of the research here.

Washtenaw County Reunification Day Coverage; Justice McCormack, Judge Conners, and Chairman Mandoka

Matthew L.M. Fletcher

Here is “Reunification Day” from the Washtenaw County Legal News.

An excerpt:

Justice McCormack acknowledged how moving the annual Adoption Day celebrations are and that “in a way, this is even more moving.

“As I look around and talk with people today, I believe it’s a privilege to be a part of this celebration. What a tremendous accomplishment. In reading thousands of petitions, you come to understand the struggles that families are facing in this process and of what’s required of them. I know from personal experience and as a mother that parenting is incredibly hard work. Raising a family is hard even when things are going well let alone the curve balls thrown at families in the court process.”

McCormack noted that parents “are only as happy as your unhappiest child.”

“As an appellate judge, it isn’t often that I can look a parent in the face and say, ‘Well Done.’ So it’s nice to say that today. In spite of setbacks, you didn’t stop working to show your kids what it means to be a family. And as important as that accomplishment, you have shown your kids how to get through it when life throws you a curve ball.”

Chairman Mandoka noted that during his involvement in the development of a tribal court system in Michigan, tribal leaders needed to address difficult family situations.

“We wanted to make sure people could see more clearly when in a fog. In the fog, you feel lost, you make wrong decisions. We’ve all been a part of that. We have now developed a court system and a probation system to help struggling individuals see past that fog.

“In the end, it’s always about a relationship. You can talk about models, plans and forecasts but it’s still all about the relationship; eye-to-eye contact and a handshake.

“We all should make sure that we leave this earth a better place than how it was when we came into it, for our children. That’s what should drive us, should be our passion.”

Judge Connors noted that those involved in child welfare work have defined the responsibility to three core accomplishments: safe children, strong families and supportive communities.

“We are always looking at doing whatever furthers those key goals. One thing we have learned from Native American culture and tribal courts is the importance to come to your work with an internal balance. Only then can we bring the best that we have to a situation.

Tulalip Associate Judge Position

Matthew L.M. Fletcher

Here:

Tulalip Associate Judge Job Announcement

Puyallup Court Administrator Job Posting

Matthew L.M. Fletcher

Here:

Tribal Court Administrator, closes 7.17

Dollar General v. Mississippi Band of Choctaw Indians Background Materials

Matthew L.M. Fletcher9 Comments

In anticipation of the briefing of Dollar General v. Mississippi Band of Choctaw Indians, the Supreme Court’s next foray in tribal civil jurisdiction, we provide some background materials on the cases and tribal civil jurisdiction in general.

Continue reading →

National Native American Bar Association Issues Formal Ethics Opinion on Duties of Advocates in Tribal Disenrollment Proceedings

Matthew L.M. Fletcher

Here is ethics opinion number 1: “Duties of Tribal Court Advocates to Ensure Due Process  Afforded to All Individuals Targeted for Disenrollment”:

National Native American Bar Association Formal Ethics Opinion No. 1

This follows up an earlier resolution from NNABA.