Turtle Talk

Sometimes I read the first paragraph of a decision and just put my head on my desk. Feel free to join me today:

An Alaska Native teenage minor affiliated with the Native Village of Kotzebue (Tribe) was taken into custody by the Office of Children’s Services (OCS) and placed at a residential treatment facility in Utah. She requested a placement review hearing after being injured by a facility staff member. At the time of the hearing, the minor’s mother wanted to regain custody. At the hearing the superior court had to make removal findings under the Indian Child Welfare Act (ICWA) as well as findings authorizing continued placement in a residential treatment facility under Alaska law. ICWA requires testimony from a qualified expert witness for the removal of an Indian child. At the hearing, the minor’s Utah therapist testified as a mental health professional. The minor, as well as her parents and the Tribe, objected to the witness being qualified as an ICWA expert, but the superior court allowed it. The minor argues that the superior court erred in determining that the witness was qualified as an expert for the purposes of ICWA. Because the superior court correctly determined that knowledge of the Indian child’s tribe was unnecessary in this situation when it relied on the expert’s testimony for its ICWA findings, we affirm.

Domicile Case out of Utah Supreme Court [ICWA]

July 30, 2020July 30, 2020Kate Fort

Here.

A decision in a long running adoption case out of Utah.

Federal Government Sets Execution Date for Lezmond Mitchell

July 30, 2020July 30, 2020Matthew L.M. Fletcher

Here is “Justice Department sets execution date for only Native American on death row.”

Here is the most recent opinion in his case, where two Ninth Circuit judges questioned his sentence.

Below is a statement from counsel for Mr. Mitchell. Deputy Federal Public Defenders Jonathan Aminoff and Celeste Bacchi:
“With the enactment of the Federal Death Penalty Act, Congress made a commitment to the Native American peoples that no Native American would be subjected to the death penalty for a crime committed against a fellow Native American on Native American land unless the tribe consented. In what the Ninth Circuit Court of Appeals referred to as a “betrayal of a promise made to the Navajo Nation,” the Department of Justice exploited a legal loophole and sought the death penalty against Mr. Mitchell for the federal crime of carjacking over the objection of the Navajo Nation, the victims’ family, and the local United States Attorney’s Office. The federal government’s announcement that it now plans to execute Lezmond Mitchell demonstrates the ultimate disrespect for the Navajo Nation’s values and sovereignty.
The Government’s contravention of tribal autonomy did not end with the decision to pursue a death sentence against Mr. Mitchell. In addition to the charging decision, the Government committed misconduct in the course of this prosecution by confining Mr. Mitchell in a tribal jail where they continually interrogated him over the course of 25 days without providing him an attorney. Furthermore, the Government systematically excluded Navajos from serving on Mr. Mitchell’s jury, resulting in a jury composed of 11 white people and only one Navajo. Unfortunately, we have been barred from investigating concerns of juror bias amongst Mr. Mitchell’s jury. Under these circumstances, allowing Mr. Mitchell’s execution to go forward would be a grave injustice and an unprecedented affront to tribal sovereignty, and it should not be permitted to proceed. We will continue to pursue all available avenues of relief for Mr. Mitchell from his unconstitutional convictions and death sentence.”

-Deputy Federal Public Defenders Jonathan Aminoff and Celeste Bacchi, attorneys for Lezmond Mitchell

-July 29, 2020

Muscogee (Creek) Nation Executive Order Establishes “Mvskoke Reservation Protection Commission”

July 30, 2020Matthew L.M. Fletcher

Here (PDF).

Call for Submissions Tribal Law Journal at UNM School of Law

July 29, 2020Monica Williamson

Tribal Law Journal at The University of New Mexico School of Law is still accepting submissions for Volume 21 until October 18, 2020. View the Call for Submissions for more information.

Bay Mills Indian Community Hosts Second Annual Noojimo’iwewin: A VAWA and ICWA Training

July 29, 2020Neoshia Roemer

Bay Mills Indian Community is hosting its second annual Noojimo’iwewin: A VAWA and ICWA Training on August 5-7, 2020. Once again, the training will focus on issues of child welfare, domestic violence, and community healing. This year, the event is completely virtual. For more details, please see the press release or event website.

Press Release: July 29, 2020

Event website