Indian Law Issues in the News (10/7/2021)

Marie Wilcox

NYTs: Marie Wilcox, Who Saved Her Native Language From Extinction, Dies at 87

AP: Maryland does not display Native American COVID-19 data

NBC News: Blacks, Latinos and Native Americans disproportionally killed by Covid-19 last year, study says

HCN: How the U.S. legal system ignores Tribal law

Kotaradio.com: Sen. Mike Rounds Introduces Tribal Food Sovereignty Act

WTOP.com: Hawaii panel shines light on missing, slain Indigenous girls

Tri-City Herald: Washington Tribes share these environmental concerns with Biden representative

ICWA Decision out of Missouri on Tribal Intervenor (Relator) Standing and Writ of Prohibition

From the facts in this opinion, it’s clear this is a pretty contested post termination of parental rights/foster care adoption case from the southern district of Missouri (Poplar Bluff, Springfield). What is not in the opinion but is available on the Westlaw decision page are the attorneys involved in the case. I’m sure it’s some local southern Missouri attorneys:

Attorneys for Relator – Heidi Doerhoff Vollet of Jefferson City, MO; James R. Layton of St. Louis, MO
Attorney for Respondent Judge – Scott S. Sifferman Acting Pro Se
Attorneys for Minor – William Petrus of Mt. Vernon, MO (GAL); Matthew D. McGillDavid W. Casazza, Robert Batista, Todd Shaw of Washington, D.C.
Attorneys for Respondents Foster Parents – Toni M. Fields of Cassville, MO; Paul Clement, Erin Murphy of Washington, D.C.; Kevin Neylan of New York, NY

Huh.

Even so! In this case, the Court of Appeals found the Choctaw Nation had standing to to bring the writ of prohibition against the judge and the Court of Appeals entered the writ (Respondent is the trial judge)(also, this is why formal legal intervention is so important for tribes whenever possible)(also why it’s good to find local family law attorneys who can talk about things like “writs of prohibition” with expertise):

In his brief, Respondent argues that the Choctaw Nation does not have standing to seek this writ of prohibition. On two occasions, Respondent granted the Choctaw Nation the right to intervene in this protective custody proceeding under 25 U.S.C. § 1911(c), and also granted the Choctaw Nation the right to intervene in Foster Parents’ adoption proceeding. We see no error in these rulings. The Choctaw Nation has standing to seek
this writ of prohibition.

***

Respondent did not have the express or implied authority to interfere in the Children’s Division’s administrative review of a nonfinal administrative recommendation for adoption, and then substitute Respondent’s judgment for that of the Children’s Division and compel the Children’s Division to reach or adhere to a particular recommendation.

18th Annual Indigenous Law Conference – Call for Sponsors

18th Annual Indigenous Law Conference Call for Sponsors

– TICA Champion – TICA Supporter – Panel Sponsor – Reception Sponsor – Other Sponsor –

Our generous sponsors help make the Indigenous Law Conference possible each year, for which we are very grateful! We hope to repeat past success, but we need your help once again to ensure another wonderful conference. Please read below about the different sponsorship tiers and opportunities. Thank you all for your time and consideration!

For more information, please visit indigenouslawconference.com/sponsorship.

TICA CHAMPION $5,000

  • Complimentary conference registration and 2022 TICA membership for up to four (4) attendees
  • Acknowledgment on Turtle Talk, TICA List-serve, TICA Facebook Page, and conference Website
  • Daily acknowledgment of sponsorship during the conference
  • Logo on TICA and conference websites

TICA SUPPORTER $2,500

  • Complimentary conference registration and 2022 TICA membership for two (2) attendees
  • Acknowledgment in Turtle Talk, TICA List-serve, TICA Facebook Page, and conference website
  • Daily Acknowledgment of sponsorship during the conference
  • Logo on TICA and conference websites

PANEL SPONSOR $1,000

  • Name and logo on conference materials, including prominently on the agenda to indicate panel sponsorship
  • Logo on TICA and conference website

RECEPTION SPONSOR $1,000

  • Name and logo on conference reception materials, including prominently on the agenda
  • Logo on TICA and conference website

OTHER SPONSOR

  • Name on TICA and conference website

Indian Law Issues in the News (10/6/2021)

Shelly Lowe

NEH: President Biden Nominates Shelly Lowe (Navajo) to Chair the National Endowment for the Humanities Congratulations to Shelly!

NYTs: Indian Health Service ‘Willfully Ignored’ Sexual Abuse by Doctor, Report Finds

Grist: The Colorado River is drying up. Here’s how that affects Indigenous water rights

Grist: States, tribes, and NGOs hold polluters accountable in a ‘tidal wave’ of greenwashing lawsuits

Mercury News: San Jose State: Professor smiling with Native American skull ignites fiery debate

Navajo-Hopi Observer: First Native American poet laureate Joy Harjo begins third term, releases memoir

Mississippi COA Rejects Land Rights of “Chief of the Creek Indians East of the Mississippi”

Here is the opinion in Johnson v. Benton:

CO156698

Congratulations to Lauren King!

Lauren King

Native News Online: Muscogee Nation Citizen Lauren J. King Confirmed by US Senate to Serve as Federal District Judge

Federal Circuit Briefs in Fletcher v. United States [Osage Headrights Trust Claims]

Here:

Opening Brief

Answer Brief

Reply

Lower court materials here.

In campaign for U.S. House, new ad for NC state Rep. Charles Graham (Lumbee) recalls Lumbee Tribe’s 1958 faceoff with the KKK

Click on the image below to view the ad:

Charles Graham ad

Odessa American, Jan. 20, 1958