Turtle Talk

Tribal Protection Order Webinar Series

September 2, 2016Sarah M Donnelly

The National Council of Juvenile and Family Court Judges, the Tribal Law and Policy Institute, and the National Congress of American Indians are hosting a webinar series on tribal protection orders. Each webinar will be 30 minutes with additional time for Question and Answer. Participants may attend one or more webinars, there are no prerequisites to attend any webinar. All webinars will be archived on tribalprotectionorder.org.

Please register for the topic(s), date and time that works best for you. The registration links are located below each topic description.

1) Issuing tribal protection orders – This webinar will discuss how to craft tribal protection orders, what language must be included in a tribal protection order, and how to meet the Violence Against Women Act (VAWA) full faith and credit provision.

Tue, Sep 13, 2016 11:00 AM – 12:00 PM PDT
Registration URL: https://attendee.gotowebinar.com/register/586317150921405955
Webinar ID: 144-585-971

2) Enforcing protection orders generally and for VAWA Special Domestic Violence Criminal Jurisdiction over non-Indian (SDVCJ) cases – This webinar will discuss how to enforce tribal protection orders through: criminal prosecution, criminal contempt, and civil contempt. Enforcing tribal protection order under the VAWA SDVCJ will also be addressed.

Tue, Sep 20, 2016 11:00 AM – 12:00 PM PDT
Registration URL: https://attendee.gotowebinar.com/register/2166778254430826243
Webinar ID: 118-977-555

3) Contempt and tribal protection orders – This webinar will discuss what powers judges have to maintain the safety, order and integrity of the court while issuing and enforcing tribal protection orders.

Tue, Sep 27, 2016 11:00 AM – 12:00 PM PDT
Registration URL: https://attendee.gotowebinar.com/register/6100405347613417219
Webinar ID: 121-647-987

Panelists: Honorable Steven D. Aycock, (Ret.), Judge-in-Residence, National Council of Juvenile and Family Court Judges, Honorable Kelly Gaines Stoner, Victim Advocacy Legal Specialist, Tribal Law and Policy Institute and Judge, Seminole Nation of Oklahoma

Facilitators: Virginia Davis, Senior Policy Advisor, National Congress of American Indians, Chia Halpern Beetso, Tribal Court Specialist, Tribal Law and Policy Institute

This webinar series is a part of a series of VAWA Special Domestic Violence Criminal Jurisdiction over non-Indians webinars. For past webinars please see: http://www.ncai.org/tribal-vawa. Past webinars include – Jury Pools and Selection, Defendant’s Rights, Victims’ Rights, Prosecution Skills, and Code Revision & Drafting. For further information on VAWA SDVCJ and protection orders, please visit: www.NCAI.org/tribal-vawa ; http://www.tribal-institute.org/lists/vawa_2013.htm ; www.TribalProtectionOrder.org.

After registering, you will receive a confirmation email containing information about joining the webinar.

View System Requirements

Federal Magistrate Recommends Dismissal of CCTA and PACT Act Claims against Six Nations Grand River Enterprises

September 2, 2016September 2, 2016Matthew L.M. Fletcher

Here are the materials in State Of New York v. Grand River Enterprises Six Nations LTD (W.D. N.Y.):

79-3 Motion to Dismiss

81-1 Motion to Dismiss and Motion for Stay of Discovery

84 NY Opposition

88 Reply in Support of 79

89 Reply in Support of 81

92 DCT Order Granting Motion to Stay

97 Magistrate R&R Recommending Dismissal

National Indigenous Women’s Resource Center is Hiring for New Native Helpline

September 1, 2016September 1, 2016Victoria Sweet

The National Indigenous Women’s Resource Center (NIWRC) in partnership with the National Domestic Violence Hotline (NDVH), is excited to announce that the StrongHearts Native Helpline, to be staffed by Native advocates, is scheduled to launch on January 4, 2017. The goal of the StrongHearts Native Helpline is to ensure that Native victims of domestic violence can access safety in a culturally relevant manner and eventually live their lives free of abuse.

As a result of an unexpected acceleration of our development timeline, NIWRC has agreed to house StrongHearts in Austin, Texas with the National Domestic Violence Hotline, to allow StrongHearts staff to receive direct support and mentoring from the NDVH. This is important in building a strong base aimed at enhancing services and outreach to tribal communities and Alaska Native villages. New Hires are expected to live in Austin, TX for initial start up time frame, then relocate to permanent Helpline office in Tulsa, OK.

Available on our website are the current vacancies as well as attached to this email are the job announcements and NIWRC job application forms. Please feel free to forward these on!

NIWRC’s positions available are:

Strong Hearts Advocate

Strong Hearts Assistant Director

Strong Hearts Communications Manager

Strong Hearts Data Specialist

Strong Hearts IT Coordinator

*Please review individual job announcements for details. To submit your application electronically you must first DOWNLOAD THE PDF.

Please contact Tang Cheam if you have any questions at tcheam@niwrc.org

Call for Presenters: 3rd Annual Tribal Government E-Commerce CLE Conference

September 1, 2016Sarah M Donnelly1 Comment

Download PDF: Call for Presenters 2017 Tribal Govt E-Commerce Conference

The Sandra Day O’Connor College of Law at Arizona State University’s Indian Legal Program (ILP) and its Rosette, LLP American Indian Economic Development Program is proud to be hosting its 3rd Annual Tribal Government E-Commerce CLE Conference Sovereignty and E-Commerce: Innovating and Reshaping the Borders of Indian Country. Conference Dates: February 2 – 3, 2017 Wild Horse Pass Hotel & Casino, I-10 and Wild Horse Pass Blvd Chandler, AZ 85226. The ILP is seeking dynamic, engaging, and knowledgeable presenters for this upcoming conference. Please see attached Call for Presenters / Submission Information.

Warrant Issued by Federal Court to Recover Acoma Ceremonial Shield

September 1, 2016September 1, 2016Matthew L.M. Fletcher1 Comment

Here are the materials in United States v. Acoma Ceremonial Shield (D. N.M.):

1 Complaint

9 Warrant

Dakota Access SLAPP Suit in Iowa Rejected

September 1, 2016Matthew L.M. Fletcher

Here are the materials in Dakota Access, LLC v. Iowa Citizens for Community Improvement (S.D. Iowa):

2-1 Motion for TRO

4 Opposition

6 DCT Order

National Indian Law Library Bulletin (8/31/2016)

September 1, 2016Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/31/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Keli’i Akina, et al. v. State of Hawaii, et al. (Elections; Native Hawaiians)
Alvarez v. Lopez (Indian Civil Rights Act – Right to a Jury Trial)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about Indian Health Service tribal management grants.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Recent developments—riverboat casinos and tribal sovereignty issues in gaming bankruptcy cases.
Thompson v. Fairfax County Department of Family Services: determining the best interests of the Indian child.
Contact the National Indian Law Library if you need help obtaining copies of articles.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a proposed rule of the Office of Personnel Management on making Federal employee health insurance accessible to employees of certain Indian tribal entities.

Parent’s Attorney Misunderstands ICWA; Arkansas COA Goes Along With It

September 1, 2016Matthew L.M. Fletcher2 Comments

Here is the opinion in King v. Arkansas Dept. of Human Services (Ark. Ct. App.):

King v Ark DHS Opinion

Maybe it’s a little thing, maybe not, but the court allowed an attorney to withdraw from representation, in part, on this representation:

The remaining adverse ruling was the denial of Hailey’s motion for a continuance, which was based on her assertion D.K. is an Indian child within the meaning of the Indian Child Welfare Act, entitling the Kiowa Tribe to notice of the proceedings. As explained in counsel’s brief, an Indian child is defined as “any unmarried person who is under age eighteen [8] and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe[.]” (Emphasis added.) 25 U.S.C. section 1903(4). Counsel further explains D.K.’s paternal grandmother, who was an enrolled member of the Kiowa tribe, testified that D.K.’s father, her son, was not eligible for membership in the Kiowa tribe because she was the last generation to satisfy the tribal requirement of at least one-quarter blood. Thus, her son could not be a member of the tribe. She further explained that her son was not enrolled in the Cherokee tribe either, even though he was allowed to receive medical treatment through the Cherokee Nation because she is a registered Indian and is his mother. As noted by counsel, “even if the father were eligible to be enrolled as a Cherokee, that fact is not relevant because the statute requires that he actually be enrolled in order for D.K. to be considered an Indian child.” We agree. D.K. is not an Indian child under the Act; consequently, it did not apply. Therefore, the trial court did not err in denying the motion for continuance because notice to an Indian tribe was not required.

Unfortunate, because the first step for parents’ counsel (and the child’s attorney most especially) should be to figure out whether an unenrolled parent is eligible for membership, get that parent enrolled, and get the tribe involved. Perhaps parent’s counsel is overworked and didn’t have the time or resources to make the effort, but did take the effort to file a notice of appeal. Deeply unfortunate, and likely endemic to the state system. The court of appeals could have done good work here and remanded to require counsel to perform diligently.