Turtle Talk

Nez Perce Tribe Seeks Public Defender

August 8, 2017Matthew L.M. Fletcher1 Comment

The Nez Perce Tribe Department of Law & Justice is recruiting for: PUBLIC DEFENDER HR-17-180 Applicant must provide evidence of a Juris Doctorate degree from an accredited college of law, and of active membership in good standing in a State Bar Association and be licensed to practice in Tribal Court. Applicant must have three (3) years documented successful litigation experience as a practicing criminal defense attorney or prosecutor, preferably in a tribal court. Requires verification of successful litigation experience by a letter of recommendation from the immediate supervisor, or by providing contact information from the immediate supervisor for a follow-up reference check. Applicant must demonstrate an understanding of Tribal, federal, and state law and multijurisdictional issues which often arise in litigation in Tribal Court. Excellent legal research and writing skills preferred. Please provide a legal writing sample with application, and resume. This is an exempt position with includes generous health insurance and other benefits. Salary based on record of successful litigation experience and demonstrated legal expertise. “Class description available at the NPT Human Resources Department.” The Nez Perce Tribe is a drug free work environment, pre-employment drug testing required. Requires a valid driver’s license with the ability to be insured under the Tribe’s policy. Must provide a current motor vehicle report (MVR) where you have been licensed to drive within the last three (3) years. Open until filled. (Grade 24)

Human Resources contact person is Robert Kipp at 208.843.7332, email address is robertk@nezperce.org.

2017 Canoe Journey Blog

August 8, 2017August 8, 2017Ann Tweedy

The Northwestern Tribes’ Canoe Journey wrapped up this past weekend in Campbell River. Here’s Matika Wilbur’s beautiful blog documenting the Journey. I was privileged to attend the Muckleshoot landing.

: Muckleshoot Canoe Landing © Ann Tweedy

In Major Ruling, Tenth Circuit Holds Muscogee (Creek) Reservation Boundaries Remain Intact

August 8, 2017August 18, 2017Teresa Walrod7 Comments

Tenth Circuit in Murphy v. Royal holds that allotted Muscogee (Creek) Nation reservation in Oklahoma has not been disestablished, reversing State death penalty conviction of Creek tribal member.

MURPHY v ROYAL OPINION

Prior Posts:

Updated Materials in Murphy v. Royal (No. 07-7068, Tenth Circuit)

and

Muscogee (Creek) Reservation Boundaries at Issue in Tenth Circuit Death Penalty Habeas Appeal

Billings Gazette Piece on the ICWA Court in Yellowstone County

August 8, 2017Kate Fort

Here.

“ICWA is the gold standard for children in foster care,” said Sheldon Spotted Elk, director of the Indian Child Welfare Program for the Casey Family Foundation. The law requires “active efforts” to maintain the child safely in his or her home, and if that’s not possible, to place the child with relatives, if possible.

Doe v. Jesson Case (MN Federal ICWA Case) Dismissed as Moot

August 8, 2017Kate Fort

Here is the opinion.

After two years, the Minnesota federal district court dismissed the voluntary adoption case challenging the provisions of the Minnesota Indian Family Preservation Act (MIFPA) allowing for notice and intervention of a child’s tribe in the proceedings. While the court states that the case presented Constitutional questions, the proceedings were moot and did not meet the standard for capable of repetition but evading review to keep the case live. There’s a nice discussion of that standard for practitioners who have been wondering how that might work in a child welfare case.

Plaintiffs have 30 days to file a notice of appeal if they so choose.

This is the last of the summer 2015 batch of federal ICWA challenges filed. All of them were ultimately dismissed. Carter v. Washburn is currently on appeal to the 9th Circuit.

LA Times: “Trump is breaking the federal government’s promises to Native Americans”

August 8, 2017Matthew L.M. Fletcher

Here.

Nez Perce Tribe Seeks Chief Judge

August 8, 2017Matthew L.M. Fletcher1 Comment

The Nez Perce Tribe Department of Law & Justice is recruiting for: CHIEF JUDGE HR-17-179 full-time regular. This position requires a wide range of legal, administrative, management and budgetary skills. The Chief Judge presides over the Tribal Court, and hears, or assigns to other Tribal Court Associate and Pro-Tem judges, all cases heard in the Tribal Court. The Chief Judge handles all phases of civil and criminal litigation, drafts orders, opinions, memoranda and other legal documents, and fulfills all other duties required of the Chief Judge to assure an effective and fair Tribal Court. In addition, the Chief Judge supervises Associate Judges, Court Administrator and Healing to Wellness Court Coordinator. Requires three (3) years’ experience as a judge, tribal court judicial experience preferred. More than five (5) years of tribal court Chief Judge experience and evidence of success in court administration, court staff supervision and court budget development is preferred. Applicants must demonstrate that they have a thorough knowledge of Indian law, the Nez Perce Tribal Code, and applicable federal law, including but not limited to the Tribal Law and Order Act and Violence Against Women Act. Must have a Juris Doctorate from an accredited law school and must be a member in good standing of a state bar. This is a four (4) year contract position with generous salary and benefits. “Class description available at the NPT Human Resources Department.” The Nez Perce Tribe is a drug free work environment, pre-employment drug testing required. Requires a valid driver’s license with the ability to be insured under the Tribe’s policy. Must provide a current motor vehicle report (MVR) where you have been licensed to drive within the last three (3) years. Open until filled. (Grade 28)

Human Resources contact person is Robert Kipp at 208. 843.7332, email address is robertk@nezperce.org.

Kansas ICWA Case–Ineffective Representation

August 7, 2017Kate Fort3 Comments

Here.

Sometimes I’m just left sputtering:

Initially, Dan Arkell-Roca represented Mother. According to the proffered testimony at the district court’s hearing on this matter, Arkell-Roca obtained Mother’s signature on her no-contest statement to the State’s child in need of care petition by folding over the paper in such a way that she could only see the signature line. She was not able to view the rest of the document. Arkell-Roca told Mother that she needed to sign the document if she wanted to get her child back and she did not need to worry about what it said. She signed the statement without reading it and not knowing what it said. Arkell-Roca also advised Mother that she should not pursue the issue of whether there was native parentage of her son because the tribe would come and “take her child away.”

***

The Kansas Supreme Court disbarred Arkell-Roca from the practice of law in Kansas on July 7, 2016. See In re Arkell, 304 Kan. 754, 377 P.3d 414 (2016).

After sending notice to Cherokee Nation and then receiving the request for more information letter back, the state did nothing to find the information requested by the Nation–the grandmother’s birthdate and maiden name despite this:

Here, there is no indication the State knew the grandmother’s birthdate and maiden name, even though the child lived with grandmother after she was approved for placement. The State admits in its brief that it took no action to obtain the information 22 after receiving the Cherokee Nation letter. Thus, we cannot reasonably say that the information was unavailable here. In our view, the letter from the Cherokee Nation can be treated as a request for more information. There were eight question marks in place of the grandmother’s date of birth, indicating this information was needed.

Ultimately,

Finally, unique to this case, we must point out that even if we do not require the State to provide additional information to the tribe, Mother has a strong argument for remand because her attorney, since disbarred, advised her not to pursue a notice to the Nation under the Act.

Yes. Yes, she does.