Yakama Nation Endorsement of Justice Raquel Montoya-Lewis for Washington Supreme Court

Matthew L.M. Fletcher

Here is the letter: Letter_YN_Endorsement of J. Raquel Montoya-Lewis (8.21.20).

Here is the text of the letter:

To Whom It May Concern, 

 

I write on behalf of the Confederated Tribes and Bands of the Yakama Nation to endorse Justice Raquel Montoya-Lewis for the Washington State Supreme Court.  As the first Native to serve as a State Supreme Court Justice, Justice Montoya-Lewis brings a background and perspective to the bench that has been sorely lacking throughout Washington’s statehood. 

 

Justice Montoya-Lewis’s experience as a Judge for the Lummi Nation, Nooksack Tribe, and Upper Skagit Tribe have afforded her an in-depth understanding of both tribal law and federal Indian law, which is essential to understanding the limitations of Washington State law plays in Indian Country.  This experience makes Justice Montoya-Lewis uniquely qualified to recognize and uphold the Treaty and other inherent rights of the 29 sovereign Native Nations whose peoples have always lived in the lands now called Washington State.

 

Justice Montoya-Lewis clearly has the legal mind and acumen needed for the job, but more importantly she has the heart and compassion that our society needs from state judges.  On July 10, 2020, Justice Montoya-Lewis read aloud the Supreme Court’s decision to vacate its 1916 conviction of an enrolled Yakama Member, atwai Alec Towessnute, for exercising his Treaty-reserved fishing rights on the Yakima River.  Speaking truth to our experience as Native Peoples, Justice Montoya-Lewis correctly observed that injustices like the Towessnute conviction “continue to perpetrate injustice by their very existence.”

 

Justice Montoya-Lewis’s perspective has long been absent from the Washington State Supreme Court.  We urge all enrolled Yakama Members, and all Washington State citizens, to support her candidacy to retain her seat on the Washington State Supreme Court.

Muckleshoot v. Tulalip U&A Cert Petition

Matthew L.M. Fletcher

Here is the cert petition in Muckleshoot Indian Tribe v. Tulalip Tribes:

Cert Petition

Question presented:

Whether the Ninth Circuit, in conflict with precedent of this Court and the D.C. Circuit, impermissibly narrowed a decades-old judicial decree so as to deprive Indian tribes of their ability to exercise treaty fishing rights.

Lower court materials here.

Update:

Brief in Opposition

Friday Job Announcements

Monica Williamson

To post an open Indian law or leadership job to Turtle Talk, send the following information to indigenous@law.msu.edu:

  1. In the email body, a typed brief description of the position which includes
    • position title,
    • location (city, state),
    • main duties,
    • closing date,
    • and any other pertinent details such as links to application;
  2. An attached PDF job announcement.

Lewis & Clark Law School

(2) Faculty, Portland, OR. invites applications from entry level candidates for two positions to begin in the 2021-22 academic year. We seek candidates who could teach constitutional law, criminal law, criminal procedure, evidence, and related courses. Information about Lewis & Clark Law School is available here. Interested persons should send a resume or c.v., references, a writing sample, and an indication of specific teaching interests to Kerry Rowand, Executive Assistant, by email. For more information please see the position description or visit the website.

The Keweenaw Bay Indian Community

Assistant Tribal Prosecutor, Baraga, MI. The Assistant Tribal Prosecutor shall represent the Keweenaw Bay Indian Community throughout all phases of criminal and child neglect or dependency cases in Tribal Court. The closing date is August 31, 2020 at 4:00pm. The application can be found here.

Cowlitz Indian Tribe

Staff Attorney, Longview, WA. Draft legal documents, contract language, letters, and testimony; Review and analyze contracts and legal documents, conducts legal research; Assists with litigation for the Tribe, including negotiations, mediation, legal research, discovery, motion practice, oral argument, trial and appeal; and more. The application is open until filled. Please see the attached job description for more information.

The Mescalero Apache Tribe

Chief Judge, Mescalero is located in southcentral New Mexico (2 hours north of El Paso, TX and 3 hours south of Albuquerque, NM). Responsible for fairly and impartially hearing and deciding judicial matters within the jurisdiction of the Mescalero Apache Tribal Court and ensuring the efficient and effective operation of the Court. For more information and to apply, please see the job description.

The National Indian Child Welfare Association (NICWA)

Development Director, Portland, OR. Interested applicants may visit our website at https://www.nicwa.org/employment/, or see the attached job description for instructions on how to apply. The closing date for this position is September 11. Questions and submissions may be directed to nstewart@nicwa.org, or (503) 222-4044.

Ziontz Chestnut

Associate Attorney, Seattle, WA. Seeking an entry-level associate with a strong academic background and 0-3 years of experience (including judicial clerkships) to join its practice beginning in fall 2021 (and possibly earlier depending on availability).  Applicants should send their cover letter, resume, law school transcript and one writing sample representing predominantly their own written work as a single PDF file by September 30, 2020, to Hiring Attorney at applicant@ziontzchestnut.com or 2101 Fourth Avenue, Suite 1230, Seattle, WA, 98121.  For more information, visit the website.  Please see the job description for more information.

Rossette LLP

Associate Attorney, Grand Rapids, MI. Advise tribes and tribally owned businesses on all things related to non-gaming economic development, including but not limited to the following: business entity creation and dissolution, corporate governance, contract review, conduct legal diligence necessary for real estate transactions and corporate acquisitions, compliance with tribal law, compliance with federal consumer protection law, and advise on appropriate corporate legal structures for acquisitions and new ventures. Application closes September 4, 2020.

Native American Food Sovereignty Alliance

Upper Midwest Regional Seed Cooperative Manager. The ideal candidate should be a dynamic individual who is deeply passionate about the Indigenous food and seed sovereignty movement with excellent virtual and online communication and project management skills. Research and co-facilitate the pilot year of setting the foundation for the first regional Indigenous Seed Growers Cooperative; Works with National Program Director to develop and implement curriculum and listening sessions based on the needs of the region; Works with National Program Director to develop strategic plans for the regional Seed Cooperative and ISKN network; and more. Deadline to apply is Sept 15th by 11:59 pm PST.

See posts from August 10, 2020. 

Indian Law Professors Amicus Brief in Fulton v. City of Philadelphia

Matthew L.M. Fletcher

Here:

Amicus Brief of Indian Law Professors

An excerpt:

Amici write to explain how the long and shameful history of treatment of Indian children by the child welfare system in the United States demonstrates the dangers of and substantial harms inflicted by discrimination in this setting, including in particular discrimination based on the religious beliefs of government employees or agents

Miigwetch to April Youpee-Roll for taking the lead!

American Indian Law Review New Issue — Vol. 44, No. 2

Matthew L.M. Fletcher

Here:

Current Issue: Volume 44, Number 2 (2020)

PDF

Front Pages

Articles

PDF

The Court of Indian Appeals: America’s Forgotten Federal Appellate Court
Chief Judge Gregory D. Smith and Bailee L. Plemmons

PDF

Tribal Remedies, Exhaustion, and State Courts
Pete Heidepriem

Comments

PDF

“Thus in the Beginning All the World Was America”: The Effects of Anti-Protest Legislation and an American Conquest Culture in Native Sacred Sites Cases
Elizabeth Hampton

PDF

The Cultural Property Conundrum: The Case for a Nationalistic Approach and Repatriation of the Moai to the Rapa Nui
Annie Rischard Davis

PDF

Cooking Food Customs in the Pot of Self-Governance: How Food Sovereignty Is a Necessary Ingredient of Tribal Sovereignty
Kate Ricart

Note

PDF

Analyzing the Implications of the Supreme Court’s Holding in Herrera v. Wyoming
Andrew Rader

Special Feature

PDF

Winner, Best Appellate Brief in the 2020 Native American Law Student Association Moot Court Competition
Emily Dennan and Emily McEvoy

Reason to Know Decision from NC Supreme Court [ICWA]

Kate Fort

Opinion by Justice Beasley, putting the burden on the court to ensure inquiry and notice are done properly:

Here, the record shows that the trial court had reason to know that an Indian child might be involved. In eight separate filings, DSS indicated in its court reports that respondent-father indicated that he had Cherokee Indian heritage. Respondent-father also raised his Indian heritage during a Child and Family Team Meeting, and his comments were included in a report filed by DSS with the trial court. Although the trial court had reason to know that an Indian child might be involved in these proceedings, the trial court failed to readdress its initial finding that the Act did not apply and failed to ensure that any Cherokee tribes were actually notified.