tribal courts – Page 86

The best option for tribes is to work towards building open communications with non-Indians residing on reservations, non-Indians visiting reservations, and state and local governments surrounding reservations. These communications can help to build trust between all parties and a base of empirical evidence showing the effectiveness of tribal civil infraction systems. It is imperative that tribal jurisdiction over non-Indians not be reduced any more than it currently is to ensure the continuing success and viability of tribal nations themselves. A tribal nation that does not have the ability to protect itself from harmful outside influences via its tribal courts has little ability to ensure the safety and security of its citizens, a priority of all sovereign nations.

Materials in Wrongful Death Action against Mississippi Choctaw

April 2, 2015April 2, 2015Matthew L.M. Fletcher1 Comment

Here are the briefs in Payne v. Mississippi Band of Choctaw Indians (S.D. Miss.):

12 Motion to Dismiss

15 Opposition

News coverage here.

Gun in Tulalip School Shooting Purchased Illegally

April 1, 2015April 1, 2015Ann Tweedy2 Comments

Here’s a Seattle Times article about the fact that the gun Jaylen Fryberg used to shoot himself and several classmates in Marysville, Washington last fall was purchased illegally by his father. The father was subject to a permanent tribal restraining order for a domestic assault in 2002. Although the 2002 domestic assault predated the amendment to the federal law (see 18 U.S.C. 921(a)(33)) that disallowed those convicted in tribal court for domestic violence crimes from owning guns, the elder Fryberg had been convicted of violating the restraining order after that amendment became effective. Therefore, the problem appears to have been that the tribal court information did not make it into the federal database.

ABA Journal Article on the Implementation of VAWA’s Tribal Jurisdictional Provisions

March 31, 2015Matthew L.M. Fletcher

Here is “Indian tribes are retaking jurisdiction over domestic violence on their own land.”

Navajo Legislator’s Proposal to Remove Navajo Nation Supreme Court Chief Justice

March 30, 2015Matthew L.M. Fletcher1 Comment

Here:

Proposed removal of Navajo Nation Chief Justice

Wisconsin Judicare Indian Law Office Job Posting

March 27, 2015Matthew L.M. Fletcher

INDIAN LAW STAFF ATTORNEY

DESCRIPTION — Wisconsin Judicare’s Indian Law Office is hiring an additional attorney to represent Native American individuals on a variety of issues including civil and criminal defense representation in the Ho-Chunk Nation Tribal Court. Wisconsin Judicare is a non-profit legal services law firm serving northern Wisconsin where there are 11 Indian reservations. This attorney will be responsible for representing members of the Ho-Chunk in both tribal and state court. The Judicare office is in Wausau, however this position could be based in another location depending on the candidate. Position start date is early June.

DUTIES — (1) Represent individual tribal members charged with crimes in the Ho-Chunk Nation Tribal Court; (2) Represent individuals in civil cases (family law, elder law, and estate planning) in tribal and state court. (3) Conduct community education and outreach.

QUALIFICATIONS — (1) Must be admitted to practice law in Wisconsin; (2) admitted, or the ability to gain admission within 60 days of hire to the Ho-Chunk Nation Bar. (3) Good communications and advocacy skills; and (4) Knowledge of Native American issues, and familiarity with the Ho-Chunk Nation preferred.

SALARY — DOE. There are excellent fringe benefits.

APPLICATION PROCEDURE — Please submit resume, writing sample and 3 references to David Armstrong, Director, Indian Law Office, Wisconsin Judicare, P.O. Box 6100, Wausau, WI 54402 or at darmstrong@judicare.org. For inquiries call David at 1-800-472-1638 ext. 309.

NATIVE AMERICANS, MINORITIES, WOMEN, OLDER PERSONS AND

INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO APPLY.