Turtle Talk

NIWRC Urges the Supreme Court to Uphold Firearm Protections for Native Survivors of Domestic Violence

January 26, 2016Sarah M Donnelly1 Comment

Link to press release here.

Brief of Amici Curiae in Support of Respondents here.

The National Indigenous Women’s Resource Center submitted an amicus in support of the DOJ’s case against two Maine men who violated federal law for possessing firearms when convicted of domestic violence. The men argue that their reckless misdemeanors shouldn’t bar them from owning guns.

“Petitioners attempt to conflate ‘reckless’ domestic violence crimes with ‘accidents,’” NIWRC’s attorney, Mary Kathryn Nagle, a partner at Pipestem Law, PC, states. “Domestic violence crimes prosecuted under tribal law, however, are not accidents. Tribal Courts that prosecute for ‘reckless’ domestic violence crimes establish a standard that requires demonstrating the defendant acted with a ‘conscious disregard’ for the safety and welfare of the defendant’s intimate partner. There is no doubt Congress intended for the Lautenberg Amendment to cover these crimes.”

Six Tribes signed onto the brief: Confederated Tribes of the Umatilla Indian Reservation, Eastern Band of Cherokee, Little Traverse Bay Bands of Odawa, Nottaweseppi Huron Band of Potawatomi, Seminole Nation, and Tulalip Tribes. They are urging the Supreme Court to uphold the convictions for VAWA and Native women, who are more at risk to gun and domestic violence by repeat offenders.

SCOTUSBlog Commentary on the Menominee Tribe Decision

January 26, 2016Matthew L.M. Fletcher

Here.

SCOTUS Denies Cert in NAGPRA Petition

January 25, 2016Matthew L.M. Fletcher1 Comment

Here is the order list.

Here is the petition in White v. Regents of the University of California.

MSU Indigenous Law Grad In Nebraska Bar’s Young Lawyers Section

January 25, 2016Sarah M Donnelly

Link to Nov/Dec 2015 young lawyers section page here.

Lindsey Schuler is a 2013 grad of the Certificate Program and currently an Associate for Frederick Peebles & Morgan LLP in Omaha.

SCOTUS Decides Menominee Tribe v. United States

January 25, 2016Matthew L.M. Fletcher

Here:

Menominee Tribe v US

ICWA Placement Preferences Case out of Alaska

January 25, 2016Kate Fort

Here.

The superior court again concluded that [grandparents] were not an appropriate placement because of their attitude and failure to give Caitlin’s medical equipment to OCS.

***

The superior court’s finding that the grandparents were an unsafe placement is supported by substantial evidence in the record. We therefore affirm the superior court’s decision to deny placement with [grandparents].

Ryan Dreveskracht on Doing Business in Indian Country

January 25, 2016January 25, 2016Matthew L.M. Fletcher

From the ABA’s Business Law Today, “Doing Business in Indian Country: A Primer.”

ICWA Placement Preference and Burden of Proof Case Out of Oklahoma Supreme Court

January 23, 2016Kate Fort1 Comment

Here.

The Honorable Wilma Palmer, Special Judge, for the District Court of Tulsa County, ordered the transfer of a minor child S.A.W., from a foster home to a home compliant with the Indian Child Welfare Act. The State, natural father, natural mother, child, and foster mother appealed. The Court of Civil Appeals reversed the order of the district court and the Cherokee Nation sought certiorari. We previously granted certiorari. We hold that appellants failed to satisfy their burden that natural father was not a member of his tribe. The Cherokee Nation met its burden to show that the child was subject to the Indian Child Welfare Act. We hold that when a tribe fails to provide timely temporary foster care with an ICWA-compliant home and an ICWA-noncompliant family seeks a permanent placement, the trial court should consider harm to the child resulting from a tribe’s untimely motion to move the child to an ICWA-compliant home. We hold the proper standard for a party showing a need for an ICWA-noncompliant child placement is clear and convincing evidence, and that appellants met this burden. We reverse that portion of the trial court’s order directing an ICWA-compliant placement. We hold that the appellants’ additional arguments for challenging application of the ICWA are insufficient and affirm the trial court in part, and remand for additional proceedings.

The Power of Cultural Teachings for At Risk Youth

January 23, 2016January 23, 2016Victoria Sweet

The White Earth Nation has released a video documenting some of the work being done to help at risk youth in the community.

Impacts of drug abuse are being felt in our homes, schools, workplaces, and in our daily lives. The devastation from this drug abuse is fragmenting our families, contributes to the neglect of our children and threatens to destroy our communities. Our culture is a guide and a source of security in good times and in bad. Many of our teachings handed down from our elders are in danger of being lost, but through our cultural teachings we as people gain strength and understanding. Watch how a determined effort by the White Earth Nation is making a positive change in our community and a difference in the lives of at risk youth.