ICWA Pro Hac Vice Rule Open for Comments in Washington

Kate Fort

This is so exciting! Kristi Healing, (in-house at Stillaguamish) submitted this pro hac rule change proposal.

Here is the proposed rule in PDF form: WA_Proposed_APR8

Submit comments in support, please!

Unless otherwise noted, all comments should be submitted to the Clerk of the Supreme Court by either U.S. mail or Internet e-mail. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, WA 98504-0929, or supreme@courts.wa.gov. Comments submitted by e-mail may not exceed 1500 words.

Our state by state pro hac page is here. I’m also aware of efforts in two other states that are not yet public for comment.

Colville Member Prevails in B.C.’s High Court on Right to Hunt in Canada

Ann Tweedy

Here’s a news article.  Mr. Desautel prevailed as a descendant of the Sinixt Tribe. Decision is here.

Globe and Mail Article on Indigenous Scholar Val Napoleon

Kate Fort

Here.

As a project for Canada’s Truth and Reconciliation Commission, Prof. Napoleon created the Indigenous Law Research Unit – her proudest work to date. It allows Indigenous communities to articulate and restate their law and legal processes – a model that has been taken up across Canada and beyond.

Standing Case out of California (ICWA)

Kate Fort

Here

This is a follow up appeal related to an earlier Indian Custodian case. The Court determined the appellant was not an Indian Custodian, and then here tries to determine if he still had standing (he didn’t). Maybe useful for some of the de facto parent language in it.

(Why yes, I am again catching up on the ICWA cases from the holidays. But also the last time there were this many reported ICWA cases in a row was in August.)

Placement Preference Case out of California

Kate Fort

Here

It’s not clear from the docket who requested this case be published from Nov. 29, but tribal attorneys should take note of the reasoning in the section regarding the tribal government’s ability to change ICWA’s placement preferences. This is the second time (and state) I’ve heard this reasoning, but the first published opinion. It’s contrary to what I’ve advised in the past, and some tribal practices I’m aware of.

Termination of Parental Rights Decision out of Wisconsin

Kate Fort

Here

The Wisconsin Court of Appeals affirmed a termination of parental rights decision under ICWA and WICWA using Adoptive Couple v. Baby Girl (finding abandonment/lack of continued custody by non-Indian father).

Child Welfare Jurisdiction Case out of Utah

Kate Fort

Here

The child welfare case did not fall under ICWA because the child was not as a member or eligible for membership in the tribe, so the Court used the UCCJEA to determine jurisdiction.

Gila River Indian Community Attorney Job Posting

Matthew L.M. Fletcher1 Comment

Here:

GRIC job posting

Ninth Circuit Briefs in Coeur d’Alene Tribe v. Hawks

Matthew L.M. Fletcher

Here:

Opening brief

Appellee brief

Lower court materials here.

Iowa Tribe of Kansas and Nebraska Seeks CEO

Matthew L.M. Fletcher1 Comment

Here:

Job Announcement

Position:          Chief Executive Officer

Location:         White Cloud, Kansas

Pay:                 Salary based on experience

COMPANY DESCRIPTION:

Iowa Tribe of Kansas and Nebraska located on the Iowa Tribe of Kansas and Nebraska Reservation near White Cloud, Kansas.

POSITION REQUIREMENTS:

Bachelor’s Degree preferred but not required

5 or more years of experience in a senior management position

Knowledge of and experience in management and administration

Excellent oral and written communication skills

Valid driver’s license

Be able to work varied shifts

Be able to pass a pre-employment drug test

Pass a complete background check

BENEFITS:

Employee medical, dental, vision and life insurance (100% Employer paid)

401 K Plan

Paid vacation and sick time

TO APPLY:

Qualified candidates should forward their cover letter and resume to the Human Resource Department at 3345 B Thrasher Road White Cloud, Kansas 66094. Only those applicants that we plan to interview will be contacted. For questions contact Brenda Lunsford at 785-595-3258.

Deadline: Thursday January 4, 2018