Turtle Talk

Comments Needed for Kansas ICWA Pro Hac Vice Rule Exception

February 15, 2019Kate Fort

The Kansas Supreme Court is seeking comments on an amendment for to the pro hac vice rule to exempt out of state ICWA attorneys from fees and associating with local counsel. Deadline for comments is March 15, 2019. Rule is here.

Kansas Supreme Court accepting public comment on Rule 116

TOPEKA—The Kansas Supreme Court is accepting public comment on amendments to Rule 116 regarding admission of out-of-state attorneys to make it easier for a tribe to exercise its rights to participate in Indian Child Welfare Act Proceedings.

The Supreme Court will accept comment until 5 p.m. Monday, March 18, 2019. Comments are to be sent to rulenotice@kscourts.org with “Rule 116” in the subject line.

Amendments to Rule 116 are requested by the Kansas Judicial Council, on the recommendation of its Tribal-State Judicial Forum.

Among the amendments requested is new language that exempts an out-of-state attorney appearing in an Indian Child Welfare Act proceeding from paying a fee and from a duty to associate with local counsel. The out-of-state attorney would still need to file a motion for admission pro hac vice, accompanied by the attorney’s verified application.

Federal Court Dismisses Dakota Access Pipeline-Related RICO Suit Brought by Pipeline Co. against Greenpeace and Individual Indians

February 15, 2019Matthew L.M. Fletcher

Here are the materials in Energy Transfer Equity LP v. Greenpeace International (D.N.D.):

95 Amended Complaint

102 Greenpeace Fund MTD

103-1 Greenpeace Intl MTD

Texas Prevails in Suit against Ysleta del Sur Pueblo over Bingo

February 15, 2019Matthew L.M. Fletcher

Here is the order granting Texas’ motion for summary judgment in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):

183 DCT Order

Briefs are here.

Federal Court Dismisses Bank Suit in Crow Nation Leadership Dispute

February 15, 2019Matthew L.M. Fletcher

Here is the order in First Interstate BancSystem Inc. v. Not Afraid (D. Mont.):

20 DCT Order

Briefs are here.

Fletcher: “Law, Politics, and the Constitution”

February 14, 2019February 14, 2019Matthew L.M. Fletcher

Here, on SSRN.

The abstract:

The question whether Congress may create legal classifications based on Indian status under the Fifth Amendment’s Due Process Clause is now reaching a critical point. Critics claim the Constitution allows no room to create race or ancestry based legal classifications. The critics are wrong.

When it comes to Indian affairs, the Constitution is not colorblind. Textually, I argue, the Indian Commerce Clause and Indians Not Taxed Clause serve as express authorization for Congress to create legal classifications based on Indian race and ancestry, so long as those classifications are not arbitrary, as the Supreme Court stated a century ago in United States v. Sandoval and more recently in Morton v. Mancari.

Should the Supreme Court reconsider those holdings, I suggest there are significant structural reasons why the judiciary should refrain from applying strict scrutiny review of Congressional legal classifications. The reasons are rooted in the political question doctrine and the institutional incapacity of the judiciary. Who is an Indian is a deeply fraught question to which judges have no special institutional capacity to assess.

Update: Tribal Law Journal 20th Anniversary Symposium

February 14, 2019February 15, 2019Neoshia Roemer

The Tribal Law Journal is hosting its 20th Anniversary Symposium on Honoring Indigenous Dispute Resolution. Speakers include Rep. Deb Haaland and the Honorable Robert Yazzie. There will also be a screening of Tribal Justice, with film panelists the Honorable Abby Abinanti and the Hoborable Claudette White. This program has been approved for 3.0 general and 1.0 ethics CLE credits.

The Symposium will be held at the University of New Mexico School of Law on March 29, 2019. Please see the announcement for more details.