Judge Finds for Incumbent in Alaska Primary Election Dispute

Sarah M Donnelly

Download(PDF): Findings of Fact and Conclusions of Law in the matter of Nageak et al v. Mallot et al (Anchorage Oct. 6 2016).

Link: Judge overturns results in northern Alaska election, declaring Nageak the winner by Nathaniel Herz from Alaska Dispatch News.

A Superior Court Judge ruled in an incumbent’s favor after finding illegal double balloting in Alaska’s August primary.  Untrained election officials in the Native Village of Shungnak gave voters both Republican and Democratic ballots. A dozen votes were then disqualified after the court determined voters would have chosen the Republican ballot given their voter history.  Two ballots were disqualified in the Native Village of Kivalina under similar circumstances.

The result was a victory for the incumbent, Rep. Ben Nageak from Barrow, who secures his seat in Alaska’s House by virtue of no Republican candidate on November’s general election ballot.

From the article:

Nageak follows a Bush-Democrat tradition of caucusing with the House’s Republican-led majority, while Westlake has said he will likely caucus with urban Democrats if he wins — even if that puts him in the minority.

The challenger, Dean Westlake from Kotzebue, was originally declared the winner by four votes. A recount had him winning by eight votes. The Superior Court Judge found Negeak won by two votes.  Defendants appealed to Alaska’s Supreme Court and arguments are set for next week.

“Perils of Indigenous People’s Day”

Matthew L.M. Fletcher3 Comments

From the San Francisco Chronicle.

An excerpt:

So when Penn State social studies Professor Sarah Shear examined state history standards around the country in 2014, she found that 87 percent of references to Native Americans in the standards addressed their history before 1900. And not a single state included content about present-day native peoples.

When Shear asked her undergraduate students what they knew about Native Americans, unsurprisingly, they referred only to the woes that native peoples had endured. “They were coming to college believing that all Indians are dead,” Shear noted.

Cert Petition Filed by Foster Parents in the Alexandria P. Case

Matthew L.M. Fletcher

Petition here.

Previous coverage and case documents here.

After the California Court of Appeals upheld Alexandria’s placement with her family in Utah, the foster parents appealed to the California Supreme Court. The California Supreme Court decided against review. Though there is no written opinion from that decision, the foster parents can petition the Supreme Court for cert at this point.

The questions presented are:
(1) Whether ICWA applies where the child has not been removed from an Indian family or community.

(2) Whether ICWA’s adoptive placement preferences, 25 U.S.C. § 1915(a), require removal from a foster placement made under 1915(b), for the purpose of triggering the Adoptive placement preferences contained in 1915(a).

(3) Whether the state courts erred in holding that “good cause” to depart from ICWA’s placement preferences must be proved by “clear and convincing evidence”–contrary to the text and structure of the statute and the decision of at least one other state court of last resort–or otherwise erred in their interpretation of “good cause.”

The likelihood of the Court granting this petition is relatively slim. However, the attorney representing the foster parents is the same attorney who represented the birth mother in Adoptive Couple v. Baby Girl. Indian Country should expect no less of an onslaught of media from this case than what happened in that one. The foster parents in this case have used the exact same media strategy. This article in the October ABA Journal Magazine leaves no doubt. None of this should be a surprise to those following the cases filed in the past year, but Indian Country is going to have to find the support for the type of media strategy Choctaw Nation will need to counter the attacks that will come.

There is an alternative summary of the facts that is rooted in the lower court decisions (and reflects the reality that all of the parties except this couple agreed that this little girl’s current placement with her relatives is in her best interests) here.

Friday Job Announcements

Sarah M Donnelly

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

National Indian Gaming Commission

Financial Analyst, Washington D.C.  Closes 10/13/2016.

Lower Brule Sioux Tribe

Public Defender, Tribal Court.  Open until filled.

Gila River Indian Community

Supervising Protective Services Attorney, Office of General Counsel (originally posted 9/16/2016). New closing date 10/18/2016.

Protective Services Attorney, Office of General Counsel (originally posted 9/16/2016). Now two positions available with new closing date of 10/18/2016.

Hualapai Tribe

Judge, Wellness Court. Open until filled.

Clerk Coordinator, Wellness Court. Open until filled.

Probation Officer, Wellness Court. Open until filled.

Anishinabe Legal Services Job Posting

Matthew L.M. Fletcher

Anishinabe Legal Services is seeking a full-time staff attorney to provide civil legal assistance and court representation to program clients before area Tribal Courts, State Courts and Administrative Forums. 

BACKGROUND:  Anishinabe Legal Services (ALS) is a Legal Services Corporation (LSC) funded 501(c)(3) organization providing free legal assistance and court representation to low-income individuals living on or near the Leech Lake, White Earth and Red Lake Indian Reservations in northern Minnesota.  Legal services are provided through grants and contracts with federal, state and tribal governments along with foundational support.

RESPONSIBILITIES:  ALS is looking for a well-qualified and highly motivated licensed attorney to provide civil legal assistance and court representation to program clients before area Tribal Courts, State Courts and Administrative Forums.  Primary duties will include representation of parents in CHIPS matters before area Tribal Courts, housing and family law, but job duties also include handling a wide variety of civil matters before various forums.

This attorney is expected to be licensed in the State of Minnesota by anticipated start date of position.  This attorney will also be expected to be licensed or willing to immediately become licensed before the Leech Lake, White Earth and Red Lake Tribal Courts.

QUALIFICATIONS:  Qualified applicants must possess strong oral and written communication skills, negotiation skills, litigation skills, have exceptional organizational skills with ability to handle a large caseload of client matters throughout a wide geographic service area.  Applicants must also be able and willing to work efficiently and effectively as part of a team.

Attorneys with 3+ years of civil practice are strongly preferred, as are applicants with familiarity and experience practicing before Tribal Courts.  Prior experience working within Indian Country is also strongly preferred.  Native American attorneys are highly encouraged to apply.

All applicants are expected to have a valid driver’s license, insurance and automobile, as significant travel will be required as part of job duties and responsibilities.

COMPENSATION:  D.O.E.  Benefits include individual and family health and dental insurance, paid time off, and life insurance.

TO APPLY:  Please send a cover letter, resume, and three (3) references to Chari LaDuke-Clark at: Anishinabe Legal Services, PO Box 157, Cass Lake, MN 56633 or email application materials to claduke-clark@alslegal.org.   Applications will be accepted until the position is filled.

Rodina Cave Parnall Joining American Indian Law Center, Inc.

Matthew L.M. Fletcher

Here (PDF):

cave-parnall-joins-ailc-press-release

More Pleadings in Nooksack v. NICS

Matthew L.M. Fletcher3 Comments

Here are the materials in Nooksack Indian Tribe v. Northwest Intertribal Court System:

2-complaint

5-emergency-mot-for-ex-parte-inj

7-decl-of-kc

8-declaration-of-gilliland

9-declaration-of-ames

10-declaration-of-bernard

Florida Court Affirms Immunity of Tribally-Owned LLC

Matthew L.M. Fletcher

Here is the opinion in Monahan v. Great Plains Lending, LLC (Fla. Cir. Ct.):

ca15-0449_order_granting_defendant_great_plains_lending_

 

Washington Supreme Court Ruling in Hirst Protects Instream Flows

Ann Tweedy

In this much anticipated opinion, the Washington Supreme Court has ruled that, in violation of state law, Whatcom County did not ensure the existence of adequate water supplies before issuing building permits. The case will protect stream flows from the “death by a thousand cuts” impact of small wells. Many Washington tribes have sought to protect stream flows from these so-called exempt wells. The opinion is here.

Nooksack Tribe Sues Northwest Intertribal Court System in Nooksack Tribal Court

Matthew L.M. Fletcher1 Comment

Here is the pleading in Nooksack Indian Tribe v. Northwest Intertribal Courts [sic] System:

5-emergency-mot-for-ex-parte-inj