Nooksack Court of Appeals: Court Clerk in Contempt and Writ Against Tribal Council

Sarah M Donnelly2 Comments

In re Gabriel Galanda v Nooksack Tribal Court Order Finding Clerk Betty Leathers in Contempt.  This action concerns the Nooksack 306 attorneys’ separate complaint for disbarment, which the Court Clerk illegally rejected and continues to refuse to accept.

Belmont v Kelly Order Regarding Petition for Mandamus.  This is the disenrollment action, which hasn’t had a presiding judge since the Tribal Council fired her in March.  The Tribal Council has been told to either timely appoint a judge or lose the action.

Washoe Tribe Vacancies: General Counsel and Tribal Prosecutor

Sarah M Donnelly

Link to GC announcement here.

Link to request for prosecutorial services here.

For the Prosecutor RFP, Tribal Council has expressed a willingness to take a recent, unlicensed law school graduate. Both positions are for immediate hire.

Tribal Issues Advisory Group’s Final Report on Impact of Sentencing Guidelines

Sarah M Donnelly1 Comment

Link to final report (PDF) here.

Link to previous coverage here.

Some key recommendations:

      • Adding commentary to guide when tribal court convictions may be considered for a possible upward departure in the defendant’s criminal history category.
      • Establishing a standing advisory group on tribal issues to assist the Commission on changes to the Guidelines impacting American Indian defendants, to advise on and assist in tribal consultation, and to form the basis for a new TIAG when appropriate.
      • Creating a process for the collection of better data on federal court sentencing to allow for study of the protection order provisions of the Guidelines and analysis of sentencing disparity concerns as detailed herein;
      • Considering the recommendations of other working groups regarding juvenile offenders, including possibly collapsing sentencing zones A, B, and C into a single zone.

SCOTUS Denies Cert in Jensen v. EXC Inc.

Sarah M Donnelly

Link to docket page here.

Link to previous materials and coverage here.

Associate Attorney Opening with Earthjustice in Denver

Sarah M Donnelly

Link to job announcement here.

“The Rocky Mountain Office has nine attorneys, including this position, handling a range of cases involving, among other things, the protection of public lands and wildlife from fracking, mining and off-road vehicle damage; species protection under the Endangered Species Act; defending important riparian areas from groundwater pumping; challenging the mining and combustion of coal and oil shale; and utility rate-setting proceedings to expand clean energy sources like rooftop solar.  We are also helping communities fight off environmental impacts from uranium mining and milling in Utah and in the greater Grand Canyon area, and we anticipate growing our environmental justice docket.  Our goal is to produce the highest quality legal work in a diverse, inclusive, supportive, and collegial environment.”

Vulture Fund Files to Hold U.S. Liable for Lower Brule Sioux’s Debt

Sarah M Donnelly1 Comment

Here are materials in Great American Life Ins. Co. v. U.S. DOI, 16-cv-00699 ( S.D. Ohio):

Doc. 1 – Complaint for Declaratory, Injunctive, and Other Relief

Interior Board of Indian Appeals Order Affirming Decision

Updated Materials:

10 US Motion to Dismiss

Law in Support of Preliminary Injunction Against North Dakota Voter ID Law

Sarah M Donnelly1 Comment

Link to press release from NARF here.

Download Plaintiffs’ Memorandum in Support here.

Doc. 45 Brief in Opposition to Motion for Preliminary Injunction 2016 07 05 (00137735x9D7F5)

Doc. 48 Plaintiff’s Reply Memorandum in Support of Motion for Preliminary Injuction 2016 07 18 (00138490x9D7F5)

Link to previous coverage here.

Updated ICWA Defense Project Memo

Kate Fort2 Comments

The ICWA Defense Project (NCAI, NARF, NICWA, and ICWA Appellate Project) has updated the memo detailing the various federal court challenges to ICWA.

Here.

On February 25, 2015, the Bureau of Indian Affairs (BIA) published revisions to the Guidelines for State Courts and Agencies in Indian Child Custody Proceedings. These revised Guidelines address areas of Indian Child Welfare Act (ICWA) non-compliance occurring over the past 36 years.

One month later, the BIA proposed to advance its reforms by proposing draft federal Regulations to govern the implementation of ICWA in state courts and agencies. On June 17, 2016, the BIA issued final Regulations for Indian Child Welfare Act Proceedings, as well as Frequently Asked Questions regarding the final rule. In addition, the U.S. Department of the Interior Solicitor issued a Memorandum describing BIA’s authority to issue the Regulations.

In response to the 2015 reforms, a network of ICWA opponents filed multiple lawsuits challenging the Guidelines and ICWA’s constitutionality. The National Indian Child Welfare Association (NICWA), the Native American Rights Fund (NARF), the National Congress of American Indians (NCAI), and the ICWA Appellate Project at Michigan State University College of Law—collectively known as the ICWA Defense Project—are working collaboratively to defend ICWA and the long overdue reforms.

This memorandum summarizes the pending litigation and describes some of the legal and communications strategies developed by these partner organizations to inform, advance, and unify a coordinated effort across Indian Country in response to these attacks.

White Earth Descendant Selected for Minnesota Supreme Court

Victoria Sweet2 Comments

Congratulations Judge Anne McKeig

Link to full article here

From the article:

Gov. Mark Dayton has selected Fourth Judicial District Judge Anne McKeig as the next Supreme Court justice, giving the state’s highest court its first American Indian jurist, as well as the first female majority since 1991.

McKeig, 49, a descendant of White Earth Nation, has specialized in child protection and Indian welfare issues. She was first appointed to the bench in 2008 by GOP Gov. Tim Pawlenty. She will replace retiring Justice Christopher Dietzen, also a Pawlenty appointee.

The selection means that Dayton has made a majority of appointments on the 7-member court, likely ensuring his legacy on the bench long after he leaves office. He has now appointed five justices, though former Justice Wilhelmina Wright joined the federal bench earlier this year.

In his two terms, Dayton has made diversifying the state’s courts a priority. He praised McKeig’s legal experience, and he also emphasized her biography, reading a passage from her application as he announced his pick.

“I grew up in rural Minnesota in challenging circumstances surrounded by poverty,” McKeig wrote. “The lessons I learned as a young woman from Federal Dam, Minn. planted in me a strong desire to make a difference for my community. My passion for public service comes from seeing the enormous need matched against the limited resources on the reservation.”

McKeig delivered an emotional speech Tuesday to reporters, members of her family and other Minnesota dignitaries, including the state Supreme Court. She called her appointment a “historic day” for American Indians. She thanked trailblazing Judge Robert A. Blaeser for paving the way for other American Indians pursuing legal careers.

“I didn’t know him, but he was a White Earth member,” McKeig said, recalling the impression his 1995 swearing-in ceremony left on her. “And, I, a proud descendant of the White Earth nation, knew that if he could do it, than maybe I could.”

She added: “It is people like him and his wife who have led the way that have allowed for others like me to dare to dream. So today is a historic day, not only for myself and for my family, but for all native people.”

Special AUSA Position on Standing Rock Sioux Reservation

Sarah M Donnelly

Download job announcement here.