Public Service Co. of New Mexico v. Barboan Cert Petition

November 27, 2017November 27, 2017Matthew L.M. Fletcher1 Comment

Here:

Questions presented:

1. Does 25 U.S.C. § 357 authorize a condemnation action against a parcel of allotted land in which an Indian tribe has a fractional beneficial interest, especially where (a) the the tribe holds less than a majority interest, (b) the purpose of condemnation is to maintain a long-standing right-of-way for a public utility, and (c) the statute was not “passed for the benefit of dependent Indian tribes.” Alaska Pacific Fisheries v. United States, 248 U.S. 78, 89 (1918)?

2. If 25 U.S.C. § 357 authorizes such a condemnation action, may the action move forward if the Indian tribe invokes sovereign immunity and cannot be joined as a party to the action?

Lower court materials here.

Kevin Gover: “Five Myths about American Indians”

November 25, 2017Matthew L.M. Fletcher

In WaPo, here.

Linda Greenhouse: “A Conservative Plan to Weaponize the Federal Courts”

November 24, 2017November 23, 2017Matthew L.M. Fletcher

Here.

‘Thanksgiving:A Historical FAQ”

November 23, 2017Matthew L.M. Fletcher

Here.

Register Now, American Indian Justice Conference

November 22, 2017November 22, 2017Victoria Sweet

FREE TRAINING OPPORTUNITY

Register Now for the American Indian Justice Conference and Present Your Work at the All Nations Cafe

December 7-8, 2017
Renaissance Palm Springs
Agua Caliente Reservation, CA

All Nations Cafe Session at the AIJC:

Join us for the All-Nations Cafe. This session is designed for you to share your innovations and learn from your fellow participants! This activity is similar to a poster session and we encourage you to create something and become exhibitors. What you can do: develop a poster board or visual display describing the process (including the change-process); draft talking points and select a team member to present; bring brochures, fact sheets, sample forms or policies that you would like to share; bring business cards or provide contact information so participants will be able to reach you if they have additional questions or seek advice. If you are interested in participating please contact Cheri Ely atcely@ncjfcj.org to sign-up or ask questions. Raffle prizes will be drawn for both exhibitors and participants.

Registration for the Training: Register HERE. No cost for registration, but participants must cover the costs of travel, lodging, and per diem/food.

About: The goal of the Bureau of Justice Assistance sponsored AIJC is to provide training to enhance your tribal community’s response to combat alcohol and drug abuse, recognize how trauma impacts drug and alcohol abuse in tribal communities, and identify current trends and best practices for tribal justice systems to strengthen multi-disciplinary approaches to healing and justice. The five multi-disciplinary tracks include alcohol and substance abuse, tribal justice strategic planning, tribal courts, tribal security and probation, and tribal youth.

CTAS Purpose Area 1, 2, 3, 4, 5, 8, and 9 grantees may use grant funds to attend the AIJC. Please confirm with your Program Manager that you have adequate travel and training funds remaining in your award.

THIS CONFERENCE HAS RECEIVED FINAL APPROVAL BY THE DEPARTMENT OF JUSTICE.

Additional information available here: FREE TRAINING OPPORTUNITY

The Second Thanksgiving

November 22, 2017November 18, 2017Matthew L.M. Fletcher

Update in KBIC Suit against Michigan Treasury Dept.

November 21, 2017Matthew L.M. Fletcher

Here are the materials in Keweenaw Bay Indian Community v. Khouri (W.D. Mich.):

99 state motion re state prosecutions

115 kb motion for protective order

126 kb motion for summary j re sales and use taxes

143 magistrate order granting protective order

Missouri COA Rejects NARF Effort to Survey Donated Parcel for Sacred Sites

November 21, 2017November 21, 2017Matthew L.M. Fletcher

Here is the opinion in Wilkinson v. Native American Rights Fund:

Wilkinson v. Native American Rights Fund

Tribal Special Criminal Jurisdiction over Domestic Violence Statistics

November 20, 2017Matthew L.M. Fletcher1 Comment

Here:

The Following Tribes have implemented to date (as of last Friday):

1. Pascua Yaqui (51 investigations, 18 Convictions, 3 jury trials, 3 extradtions) *
2. Tulalip Tribes of WA. (23 cases, 14 Convictions) *
3. Sisseton Wahpeton Oyate (SD/ND) (7 cases, 4 Convictions) *
4. Confederated Tribes of Umatilla (OR)(10 Arrests, 10 Convictions) *
5. Assiniboine & Sioux Tribes of the Ft. Peck Reservation (MT) (16 Arrests) *
6. Little Traverse Bay Band of Odawa Indians (MI) (no arrests)
7. Alabama Coushatta Tribe of Texas (TX) (1 Arrest)
8. Choctaw Nation of Oklahoma (OK)(1 Arrest, 1 conviction)*
9. Seminole Nation of Oklahoma (OK)(No arrests)
10. Eastern Band of Cherokee Indians (NC)(25 Arrests 16 convictions) *
11. Sac and Fox Nation (KS)(No arrests) *
12. Kickapoo Tribe of Oklahoma (OK)(No arrests)
13. Nottawaseppi Huron Band of Potawatomi (MI) (No Arrests)
14. Muscogee Creek Nation (OK) (No arrests)
15. Standing Rock Sioux Tribe (ND) (1 Arrest) *
16. Sault St. Marie Tribe of Chippewa (MI) (4 arrests, 2 convictions, 1 Jury Trial)
17. Chitimacha Tribe of Louisiana (1 arrest)
18. Lower Elwha Klallam Tribe (No arrests)

* denotes DOJ TAP Tribe (NCIC Access)

Nationwide Statistics:

* 18 Implementing Tribes
* Over 138 Arrests
* 42 Convictions
* 36 Guilty pleas
* 8 federal referrals
* No federal Appeals
* 3 Jury acquittals
* 30 dismissals