Preliminary Report on from California’s ICWA Compliance Task Force

Prelim Final – CA ICWA TF Report 6.10.2016

Press Release

SACRAMENTO – Insufficient services, severe underfunding, barriers preventing tribal participation and inadequate reunification efforts have undermined the effectiveness and promise of the Indian Child Welfare Act (ICWA) in California, according to a preliminary report from a Task Force of tribal leaders from across the state, working independently to apprise the California’s Attorney General’s Bureau of Children’s Justice of these inadequacies.

The ICWA Compliance Task Force’s report recognizes that efforts have been undertaken to overcome cultural, procedural and funding challenges, but these ongoing obstacles continue to severely limit the implementation of ICWA in California, resulting in devastating impacts to Indian children, their families and their tribes.

Samantha Bee on Dollar General and Tribal Courts

More Rejected Filings in Galanda v. Bernard

Here:

Galanda v Bernard Rejected Second Declaration of Gabriel S. Galands in Support of Motion for Injunction

In re Gabriel Galanda v Nooksack Tribal Court Rejected Fourth Declaration of Gabriel S. Galanda in Support of Writ Petitions

U.S. Forest Service Tribal Relations Specialist

Download outreach notice here.

Ninth Circuit Materials in Keli’i Akina v. State of Hawaii

Here:

Appellant Supplemental Brief

Na’i Aupuni Answer Brief

Na’i Aupuni Supplemental Brief

Office of Hawaiian Affairs Answer Brief

Office of Hawaiian Affairs Supplemental Brief

Opening Brief

State Supplemental Brief

Oral argument video and audio.

2017 Summer Associate – Sonosky, Chambers, Sachse, Endreson & Perry, LLP

Sonosky, Chambers, Sachse, Endreson, & Perry LLP is a national law firm dedicated to representing Native American interests in a wide range of endeavors – including trial and appellate litigation, federal Indian law, tribal law, Indian self-determination and self-governance matters, transportation and infrastructure, natural resources, and economic development, among others.

They are currently recruiting incoming 2L students for 2017 summer associate positions.  Interested applicants should send the following to Will Stephens, Partner, at wstephens@sonosky.com (please also copy kwray@sonosky.com):

  • Cover letter;
  • Resume;
  • Transcript; and
  • Writing sample (a writing sample relevant to our practice area is preferred, but not necessary).

Interested applicants should send this information no later than Wednesday, August 31, 2016.  More detail about the firm is available at http://www.sonosky.com.

National Indian Law Library Bulletin (6/17/2016)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 6/17/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 6/13/16 in Lewis v. Clarke (Tribal Sovereign Immunity – Damages Actions Against Tribal Employees)
Find the latest Tribal Supreme Court Update Memoranda of June 15, 2016, at the Tribal Supreme Court Project website.

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
O’Brien v. Berry (Protective Order – Precluded by Tribal Court Proceedings)
State, ex rel. Children, Youth and Families Department v. Nathan H. (Indian Child Welfare Act – Application of)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature a couple of articles about the U.S. Supreme Court decision relating to the 6th Amendment and prior tribal court convictions impacting treatment of criminal defendants.

U.S. Legislatio n Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
The Native American Children’s Safety Act became law.
We added one new bill:
H.R.5486: To reaffirm that certain land has been taken into trust for the benefit of the Poarch Band of Creek Indians, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Everything old is new again: Enforcing tribal treaty provisions to protect climate change-threatened resources.
Going “all-in” against the NLRB: How tribal self-government lost on the river in the Sixth Circuit [Soaring Eagle Casino & Resort v. NLRB, 791 F.3d 648 (6th Cir. 2015)].
A tiny fish and a big problem: Natives, elvers, and the Maine Indian Claims Settlement Act of 1980.
Plenary energy.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature the new Bureau of Indian Affairs Indian Child Welfare Act regulations.

Pine Ridge Reservation Voting Rights Case Fails

Here are the materials in Poor Bear v. County of Jackson SD (D. S.D.):

46 Motion to Dismiss

51 Opposition

56 Poor Bear Motion for Summary J

66 Reply

92 DCT Order Granting 46

California Appellate Court Orders Cal. Miwok to Pay Costs in Revenue Sharing Matter

Here is the unpublished opinion in California Valley Miwok Tribe v. California Gambling Control Commission (Cal. Ct. App. — 4th Dist.): D068909

An excerpt:

Plaintiff California Valley Miwok Tribe (the Tribe) appeals from the trial court’s award of costs in favor of defendant California Gambling Control Commission (the Commission), following the Commission’s successful summary judgment against the Tribe in its lawsuit seeking an order requiring the Commission to pay over the funds to the Tribe from the Indian Gaming Revenue Sharing Trust Fund (RSTF). The Tribe contends that it is protected by tribal sovereign immunity from incurring any obligation to pay costs to the prevailing defendant in a lawsuit that it initiated. As we will explain, the Tribe’s position lacks merit, and accordingly we affirm the award of costs.

Related materials here.

Business Development Board Director Position with Forest County Potawatomi

Download job announcement here.