Uncategorized

Unpublished Decision from Alaska Declining to Apply 2015 ICWA Guidelines Provision on Expert Witnesses

Matt Newman1 Comment

Here.

Even before the holding, the Court brushes aside some pretty disturbing facts, including:

OCS noted that Casey might be affiliated with the Asa’carsamiut Tribe and that the children were believed to be Indian children affiliated with the Tribe. . . . In September the Tribe attempted to intervene. Because the Tribe’s documents were ambiguous about Casey’s tribal membership and the Tribe did not respond to the trial court’s request for clarification, in November the trial court denied the intervention motion without prejudice. At about the same time the trial court granted OCS’s motion to remove the children from Kent’s home.

In August 2013 OCS petitioned to terminate Kent’s and Casey’s parental rights, stating that the children were “not believed to be Indian children” and setting out the grounds for termination.  In its order terminating Kent’s parental rights, the trial court first stated that it had made findings at various stages of the case that the children were not Indian children under ICWA, that no party had presented contrary information at trial or asked the court to reconsider its earlier rulings, and that the children were not Indian children under ICWA.

On the Expert Witness issue:

When determining whether a witness satisfies ICWA’s “qualified expert witness” requirement, we have considered the Bureau of Indian Affairs(BIA) Guidelines for State Courts; Indian Child Custody Proceedings (1979 BIA Guidelines). . . . In February 2015 — after the termination trial in this case but before the remand — the BIA adopted Guidelines for State Courts and Agencies in Indian Child Custody Proceedings (2015 BIA Guidelines) to “supersede and replace the guidelines published in 1979.” Less than a month later the BIA published proposed new ICWA regulations to “complement [the] recently published Guidelines for State Courts and Agencies in Indian Child Custody Proceedings.” The proposed regulations have not yet been adopted.

OCS argues that “because the BIA is in the process of adopting ICWA regulations whose final content is unknown, it would be premature for this court to consider overturning Alaska law on ICWA experts before knowing what the BIA’s final word on qualified experts is.” We agree. Final regulations have not yet been adopted and we thus cannot determine whether they will include such a requirement in the future. We decline to overrule our longstanding precedent based on the possibility that BIA regulations will require a different result in the future.

D.K. Sprague Retires after Twenty-Four Years as Chairman of the Gun Lake Tribe

Matthew L.M. Fletcher

D.K. Sprague Retires after Twenty-Four Years as Chairman of the Gun Lake Tribe  

Sprague Led Tribe from Pre-Recognition to Successful Modern Tribal Government 

(Bradley, Mich.) – Today, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (Gun Lake Tribe) (Tribe) announced the retirement of David K. (D.K.) Sprague as chairman.  Sprague served as chairman since his initial election by the Bradley Settlement Elder’s Council in 1992.  He is distinguished as one the longest serving tribal chairman, in consecutive terms, throughout Indian Country in the Unites States.

“It has been an honor and privilege to serve my community as chairman for the last twenty-four years,” said D.K. Sprague, former chairman.  “I thank my family and the Tribe for supporting me, and God for allowing me to serve at a time when our dreams came to reality.  I give recognition to our tribal leaders who came before me, as I merely finished what they started when the Bradley Indian Mission was established in the 1830s.”

The Tribe achieved federal re-acknowledgment in 1999 after many years of working through the federal acknowledgment process.  The Tribe’s goal of reaching self-sufficiency through its pursuit of economic development under the Indian Gaming Regulatory Act would take over a decade.  During the last twenty-four years the Tribe went from having nothing to becoming a modern tribal government that can now provide for the needs of its people.

“I am proud to have served the Tribe under the leadership of D.K. Sprague,” said Vice Chairman Ed Pigeon.  “I witnessed steady and consistent leadership in extremely difficult situations over a long period of time.  It was amazing to see him put to the test so many times, but never waver.  The Tribe is truly blessed that a person with such rare leadership qualities was in place at a time when it was most needed.”

Many friends, family and staff members have expressed their gratitude to the former chairman for his dedication to the needs of tribal government staff and the team members who work in the gaming enterprise.  He was always approachable and jovial with everyone around him.

“No one ever wanted this day to come,” said Leah Sprague-Fodor, Tribal Council member.  “However, asking him to continue serving would be selfish of us.  We know he served with everything he had for so many years.  He has earned his retirement and now he should enjoy golf, traveling, baseball games and spending time with his family and friends.”

Sprague grew up in the Bradley area where he remained most of his life.  He joined the U.S. Army and served in the Vietnam War.  He served in 14 natural disasters worldwide as a Red Cross volunteer, which included an extended time of service in Louisiana for the victims of Hurricane Katrina.  He is a lifelong member of the Methodist Church at the Bradley Indian Mission.

In the next 90-120 days the Tribe will hold a special election to fill the seat on the Tribal Council vacated by Sprague’s retirement.  Afterwards, the Tribal Council will select the next chairman.  In the interim, Vice Chairman Ed Pigeon will serve as acting Chairman.

Timeline of Gun Lake Tribe events occurring under the leadership of D.K. Sprague

1992 Bradley Settlement Elder’s Council elects D.K. Sprague to serve as Chairman.
August 23, 1999 Federal re-acknowledgment by the United States as a sovereign tribal government.
August 2001 Tribe submits land-into-trust application to re-establish reservation lands for the purpose of economic development under the Indian Gaming Regulatory Act.
January 30, 2009 Federal government takes land in trust for Tribe to construct Gun Lake Casino.
February 10, 2011 Gun Lake Casino opens.
May 14, 2014 Bradley Indian Mission Church building turns 100 years old, at that time the Mission is approx. 176 years old.
September 26, 2014 President Obama signs into law the Gun Lake Trust Land Reaffirmation Act.
October 2014 Approx. 300 acres of additional land placed into trust.
August 2015 Government Campus opens to tribal citizens and tribal government staff.  Becomes the “Capitol Building” of the Gun Lake Tribe.
January 29, 2016 D.K. Sprague retires as chairman.

Fourth Circuit Rules against Western Sky et al.

Matthew L.M. Fletcher

Here is the opinion in Hayes v. Delbert Services Corp. (4th Cir.).

An excerpt:

We both respect and appreciate the support of Congress and the Supreme Court for an arbitration procedure that reduces the costs and delays of civil litigation. Our review of the record leads us to conclude, however, that the arbitration agreement in this case is unenforceable. The agreement purportedly fashions a system of alternative dispute resolution while simultaneously rendering that system all but impotent through a categorical rejection of the requirements of state and federal law. The FAA does not protect the sort of arbitration agreement that unambiguously forbids an arbitrator from even applying the applicable law. We therefore reverse the district court’s order compelling arbitration and remand for further proceedings.

Briefs here.

 

Free Prosecutor Training: National Institute on the Prosecution of Sexual Violence in Indian Country

Victoria Sweet
The National Indian Country Training Initiative, in partnership with AEquitas:  The Prosecutor’s Resource on Violence Against Women, an Office on Violence Against Women (OVW) funded Technical Assistance provider, announces the National Institute on the Prosecution of Sexual Violence in Indian Country (NIPSVIC).  The training will be held April 12-15, 2016, at the National Advocacy Center in Columbia, South Carolina.  Travel and lodging accommodations will be paid for by the Department of Justice’s Office of Legal Education. There is no tuition charge for this training

The National Institute on the Prosecution of Sexual Violence in Indian Country (NIPSVIC) is a 3 ½ day course designed to challenge participants to reevaluate their approach to prosecuting sexual violence crimes.  The NIPSVIC will explore the complex issues faced by prosecutors in balancing offender accountability and the impact of criminal prosecution on victims.  In addition to practical case evaluation and litigation skills, the curriculum will examine the benefits of developing a coordinated, victim-centered community response; explain common injuries and relevant medical evidence, and offer guidance on the use of medical experts; explore ethical issues confronted by prosecutors; address the development and improvement of culturally-sensitive victim services; and offer prosecutors the ability to redefine outcomes and the very nature of justice in sexual violence cases.The NIPSVIC will offer hypothetical case problems, role-playing exercises, small group discussions, mini-lectures, and faculty demonstrations.  Rather than merely attending a series of legal lectures, participants will examine their current attitudes and practices by employing active case evaluation, preparation, and trial skills to respond to sexual violence in the varied contexts in which it occurs.  The highly interactive format enables prosecutors from different jurisdictions, with varied levels of experience, to learn from one another and engage in “real-life” scenarios that are readily transferable to their everyday work.

 
Nominations are due by Friday, February 5, 2016.
More information and nomination form available here Non-DOJ Announcement.48894 (3)

 

The Power of Cultural Teachings for At Risk Youth

Victoria Sweet

The White Earth Nation has released a video documenting some of the work being done to help at risk youth in the community.

Impacts of drug abuse are being felt in our homes, schools, workplaces, and in our daily lives. The devastation from this drug abuse is fragmenting our families, contributes to the neglect of our children and threatens to destroy our communities. Our culture is a guide and a source of security in good times and in bad. Many of our teachings handed down from our elders are in danger of being lost, but through our cultural teachings we as people gain strength and understanding. Watch how a determined effort by the White Earth Nation is making a positive change in our community and a difference in the lives of at risk youth.

Link to the video here

California Indian Legal Services Seek Sacramento Staff Attorney

Sarah M Donnelly

Link to announcement and description here.

The Sacramento office provides legal services in 38 counties that include 51 of the 110 federally recognized tribes in California. This service area also includes numerous non-federally recognized tribes and one of the largest urban Indian communities in the United States. Additional information about CILS may be found on our website, at http://www.calindian.org.

Erma Vizenor Resigns as Chair of White Earth Nation

Matthew L.M. Fletcher1 Comment

Here is “Vizenor resigns as White Earth chair” from the Bemidji Pioneer.

And her personal announcement: Erma public Letter_Jan20

I have found Erma Vizenor to be one of the most visionary and ethical tribal leaders. This is a tough loss for Indian country. Hopefully, Ms. Vizenor will continue her good work.

4,000 artifacts stored at Oregon refuge held by armed group

Teresa Walrod2 Comments

From the AP:

“Thousands of archaeological artifacts — and maps detailing where more can be found — are kept inside the national wildlife refuge buildings currently being held by an armed group of protestors angry over federal land policy.”

Article is HERE.

 

Nottawaseppi Huron Band Seeks Probation Officer

Matthew L.M. Fletcher

Here:

Tribal Court Probation Officer

‘Y’all Qaeda’ Militia Musters at Oregon Bird Sanctuary on Land Claimed by the Paiutes

Teresa Walrod1 Comment

By Steve Russell on The Rag Blog:

“When I was an active trial court judge in Texas, I had a lot of contact with the posse comitatus, understood as a self-directed band of gun-toters rather than the common law “hue and cry” raised by a law enforcement officer to pursue a felon. They also call themselves “militia,” pointing at the Second Amendment for authority and conveniently overlooking the words “well-regulated” that modify “militia” in that document.”

HERE.