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

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

Here:

Tulalip Associate Judge Job Announcement

Puyallup Court Administrator Job Posting

Here:

Tribal Court Administrator, closes 7.17

Dollar General v. Mississippi Band of Choctaw Indians Background Materials

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

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.

 

Report from Coalition for Juvenile Justice and Tribal Law and Policy Institute on Status Offense Disparities

Here.

American Indian and Alaska Native (AI/AN) young people are almost twice as likely to be petitioned to state court for skipping school, violating liquor laws, and engaging in other behaviors that are only illegal because of their age (often known as status offenses). Once involved with the state court system, they are less likely to be placed on probation and experience higher rates of detention and residential placements. Although we do not know the exact reasons for these disparities, recent efforts to better serve these youth have focused on responding to trauma and exposure to violence, better addressing substance abuse issues and mental health needs, addressing family needs, and offering more diversion programs and youth leadership development opportunities. This brief looks at the disparities faced in the state system by AI/AN youth who are charged with status offenses, the ability of both state and tribal systems to respond to status offenses, and federal funding levels to support efforts to better serve these youth.

RFP for Sauk-Suiattle Indian Tribe Judicial Services

Sauk-Suiattle Indian Tribe

Judicial Services

The Sauk-Suiattle Indian Tribe is seeking proposals from persons in good standing with the Washington State Bar Association or graduates of an ABA accredited law school with Indian law experience who are interested serving as a Tribal Court Judge for the Sauk-Suiattle Tribal Court.

The Sauk-Suiattle Tribal Court convenes on the Sauk-Suiattle Indian Reservation located near Darrington, Washington one to two full days per month to hold civil and criminal trials and hearings.

A person serving as judge must also be available telephonically and/or electronically from time to time as occasionally the need arises to address requests by tribal law enforcement for search warrants and to issue temporary orders such as domestic violence protection orders, restraining orders, and emergency shelter care orders arising from Indian Child Welfare Act cases.

No particular format is required for submission of a proposal. Your proposal may propose an hourly, monthly or daily rate for providing judicial services. Persons willing to serve as a Judge for the Sauk-Suiattle Tribal Court should send a letter of interest or resume and proposal by July 30, 2015 to:

Stephanie Spiering

Court Clerk/Justice System Program Coordinator

Sauk-Suiattle Indian Tribe

5318 Chief Brown Lane

Darrington, WA 98241

(360) 436-0131

FAX (360) 436-1511

sspiering@sauk-suiattle.com

Federal Court Requires Financial Planning Company to Exhaust Tribal Remedies

Here are the materials in United Planners Financial Services of America LLP v. Sac and Fox Nation (W.D. Okla.):

13 Housing Authority Motion to Dismiss

17 Sac & Fox Nation Motion to Dismiss

18 Response to 13

19 Housing Authority Reply

20 Response to 17

21 Sac & Fox Nation Reply

22 DCT Order

The complaint is here.

Tribal court materials are here.

 

Supreme Court Grants Cert in Dollar General

Despite the SG’s brief recommending otherwise–order list here.

Previous coverage here.

From the original cert petition by Dollar General:

In this case, a divided panel of the Fifth Circuit held that tribal courts do have that jurisdiction. Five judges dissented from the denial of rehearing en banc. The case accordingly presents the issue the Court left open in Hicks and the Question the Court granted certiorari to decide in Plains Commerce:

Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct of nonmembers who enter into consensual relationships with a tribe or its members?

North Dakota SCT Reprimands Former Oglala Sioux Tribal Counsel for Making False Statement about Tribal Judge

Here.