Turtle Talk

8th Circuit Finds Tribal Cop Working under BIA Contract was Federal Officer when Assaulted

January 15, 2016Sarah M Donnelly

Link to memorandum in re U.S. v. Janis (Jan. 15 2016) here.

Defendant’s brief here and reply brief here.

United States’ brief here.

Previous coverage here.

Defendant raised two questions on appeal: (1) whether officers in the Dept. of Public Safety on the Pine Ridge Reservation are federal officers authorized to carry out tribal law and (2) whether the court erred in instructing the jury to find Officer Mousseau a federal officer as a matter of law.

The Eighth Circuit held that through the Indian Law Enforcement Reform Act a “638 contract” between the BIA and the Oglala Sioux Tribe explicitly required officers to enforce both tribal and federal laws.

However, it decided that the district court erred on jury instructions because although it was correct to rule as a matter-of-law that Oglala Sioux’s Public Safety officers were federal officers for the purpose of 18 U.S.C. § 111, it should have been up to the jury to determine whether Officer Mousseau was a Dept. of Public Safety officer at the time of the assault. The Court determined the error was harmless, though, since evidence on record made it clear beyond a reasonable doubt that a rational jury would find Mousseau an officer when she responded to a complaint of illegal alcohol consumption at a home on the Reservation.

Native Hawaiian Law Graduate Chosen to Clerk for Justice Sotomayor

January 15, 2016January 15, 2016Matthew L.M. Fletcher

Here is the press release from the University of Hawaii Law School: “UH Law School Graduate Named Law Clerk for U.S. Supreme Court Justice Sonia Sotomayor.”

Ht.

Determination of Indian Child Case out of New Mexico Court of Appeals

January 15, 2016Kate Fort1 Comment

Here.

Based on the difficulties CYFD experienced in receiving evidence on Mother’s lineage and the Navajo Nation’s determination that Children are ineligible, we hold that Children are not eligible for enrollment with the Navajo Nation. Nevertheless, Father asserts that the status of Children does not need to be certain to implement the ICWA and the district court must only examine whether the ICWA possibly applies, relying on In re Desiree F., 99 Cal. Rptr. 2d 688 (Ct. App. 2000). We conclude that Desiree F. does not assist Father.

‘Y’all Qaeda’ Militia Musters at Oregon Bird Sanctuary on Land Claimed by the Paiutes

January 14, 2016Teresa Walrod1 Comment

By Steve Russell on The Rag Blog:

“When I was an active trial court judge in Texas, I had a lot of contact with the posse comitatus, understood as a self-directed band of gun-toters rather than the common law “hue and cry” raised by a law enforcement officer to pursue a felon. They also call themselves “militia,” pointing at the Second Amendment for authority and conveniently overlooking the words “well-regulated” that modify “militia” in that document.”

HERE.

National Council of Juvenile and Family Court Judges (NCJFCJ) Announces Search for CEO

January 14, 2016Victoria Sweet

From the job announcement:

After five years of consistently strong stewardship under its current Chief Executive Officer (CEO), the National Council of Juvenile and Family Court Judges (NCJFCJ) is embarking on a transition to new leadership. To guide the organization through this transition and beyond, the NCJFCJ is seeking a dynamic, inspired leader to make an extraordinary impact. This experienced executive will lead the organization during a time of exciting growth and development. The right candidate is hands-on, ambitious, can demonstrate a track record of strategic leadership, can advocate passionately for healthy courts and their connection to healthy communities, and is inventive and creative in increasing and diversifying revenue streams to ensure long-term sustainability. The CEO will lead a dedicated staff in accelerating and enhancing the dynamic, innovative programming the NCJFCJ is known and respected for nationwide.

Interested candidates must apply by February 28, 2016.

Link to details here

First Aboriginal Woman Appointed as Dean of Canadian Law School

January 14, 2016Sarah M Donnelly1 Comment

Link to Globe and Mail article here.

Excerpt:

Angelique EagleWoman was appointed this week as dean of Lakehead University’s Bora Laskin Faculty of Law, a position she’ll take up in May, a month before the fledgling Thunder Bay, Ont., law school’s first class is set to graduate.

EagleWoman, who currently teaches law at the University of Idaho College of Law, said she was drawn in part by Lakehead’s mandatory first- and second-year courses in aboriginal law.

Michigan Tribe Seeks Attorney for Treaty Rights Litigation

January 14, 2016Sarah M Donnelly

The Sault Ste. Marie Tribe of Chippewa Indians (Michigan) seeks an attorney of stature and notable experience to serve as lead counsel for the negotiation, or litigation, of a resource allocation agreement for court affirmed treaty rights, along with possible litigation regarding exterior boundaries of the ceded territory.

Preference will be given to those submissions showing extensive and demonstrable experience in treaty rights litigation. To receive an RFP packet contact Aaron Schlehuber at lawaaron@saulttribe.net.