Michigan SCT Justice Mike Cavanagh OpEd: “Inaugural tribal-state court forum addresses child welfare issues”

Justice Cavanagh’s op/ed is available here.

An excerpt:

Our inaugural Tribal State Federal Judicial Forum meeting this week focused on issues of Indian child welfare, on outlining the scope of the Forum’s work, and on organizing our leadership. We examined what forums in other states are doing to find examples of best practices and innovations. Also, we delved into the ICWA as the “gold standard,” as well as the importance of judicial leadership and collaboration.

Because we can’t know where we should be headed if we don’t know where we are now, the Forum also received updates on Michigan Indian child welfare data, and child welfare services and resources from the State Court Administrative Office.

Most importantly, the Forum finalized our Naakonigewin, or Charter, which defines our make-up, appointment process, and governance. The Charter will not only solidify and formalize a valuable, long-standing relationship, but it also will lay the groundwork for future collaborations among the courts. The Charter will guarantee that while the names may change, the mission will continue.

As we opened our meeting with a traditional tribal pipe ceremony and drums, I had the honor of sharing some reflections on my lifelong commitment to improving relations between our sovereign governments and our people. I am also excited to hand over my role as Supreme Court Tribal Liaison Justice to the Forum to Justice Bridget McCormack. I have no doubt she will bring even more passion and dedication to the task.

I am positive that the Forum, under the guidance of Justice McCormack, its tribal and state judge co-chairs, and the participation of many of the state’s and tribes’ most dedicated jurists, will continue to find common ground to accomplish wonderful things for all our children. The measure of our success will be reflected in strong relationships, linking our peoples, learning from the lessons of the past and leading our children to a better future.

Update in Hualapai Ranch Tribal Court Litigation

Here are additional materials in WD at the Canyon v. Hwal’Bay Ba:J Enterprises Inc. (Hualapai Tribal Court):

Order setting telephonic hearing 

Respondents’ Supplementary Brief Disclosure

Plaintiffs’ Disclosure Statement

Prior posts are here and here.

 

Update in Navajo Nation Election Dispute

Here is “Navajo Nation presidential candidate suffers setback after ruling” reporting that the Navajo President vetoed the bill that would have allowed Chris Deschene to remain on chris-deschene-portrait-2the ballot.

Also, “Navajo Language Fluency Still a Requirement for Tribal Candidates.”

On the motion for contempt (here), the Navajo Supreme Court’s website states:

The Supreme Court has set a hearing for the Petitioners’ Motion to Hold Respondents in Contempt of Court in Tsosie and Whitethorne v. Navajo Board of Election Supervisors and Navajo Election Administration, No. SC-CV-68-14. The hearing is scheduled for 10 a.m. on October 31, 2014, at the Chinle District Court. See order. The Supreme Court has also set hearings on October 31, 2014, at the Chinle District Court on costs and fees in SC-CV-57-14 and SC-CV-58-14 at 9 a.m., and in SC-CV-68-14, at 1 p.m.

The Navajo SCT previously issued an opinion on the merits here.

Disbarred Tribal Lay Advocate’s ICRA Suit Dismissed

Here are the materials in Young-Man v. Fallon Paiute-Shoshone Tribe (D. Nev.):

1 Complaint

5 MJ R&R Recommending Dismissal

6 DCT Order Adopting MJ R&R

Michigan Tribal State Judicial Forum Visit to LTBB Tribal Court

Yesterday afternoon, Chief Judge Allie Maldonado provided a tour of the tribal court at Little Traverse. Tribal Prosecutor Matt Lesky also made a short presentation.

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Michigan Tribal-State Judicial Forum at LTBB

LTBB Vice Chair Deb DeLeon welcome

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Pokagon Band/Gun Lake Band Chief Judge Michael Petoskey

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Retired State Court Judge/Casey Family Programs facilitator Bill Thorne

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Other attendees

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Omaha Tribe Judge and Prosecutor Postings

Reposting upon request:

1.)

POSITION                           :                   Chief Tribal Judge

SALARY                               :                   Negotiable

OPENING DATE                 :                   September 02, 2014

CLOSING DATE                  :                   Until Filled

LOCATION                          :                   Omaha Tribal Court

Omaha Tribe of Nebraska

Macy, NE  68039

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Navajo Nation Supreme Court Decision in Tsosie v. Deschene

Opinion here.

Based on the foregoing, by majority decision, the Court hereby enters a Permanent Writ of Mandamus against the Respondents. Under its administrative duties to implement the Election Code, the NEA is ordered to comply with 11 N.N.C. 44. The ballots are to be immediately reprinted without the name of the disqualified candidate, Christopher C. Deschene. It is unavoidable that the November 4, 2014 election must be postponed as agreed to by the Chief Legislative Counsel, and as permitted by 11 N.N.C. 3 to ensure a valid election.

Briefs posted here.

Navajo Nation SCT Briefs and Materials in Tsosie v. Deschene

Here:

The Supreme Court has issued an Order of Dismissal in Tsosie and Whitethorne v. Deschene, No. SC-CV-68-14. The Notice of Appeal is available here.

Most of the briefs are here:

Amicus briefs are here:

2014-10-20 E Arthur et al Brief of the Amicus Curiae

2014-10-20 NN Purpose of Amicis Brief-CC

Briefs before the Supreme Court remanded are here:

Spirit Lake Nation Tribal Court Job Postings

Here:

Family Services Child Welfare Presenter 2014

Guardian Ad Litem 2014

Juvenile Court Guardian Ad Litem 2014

Juvenile Court Public Defender-0214