Utah Court of Appeals ICWA Active Efforts Case

Kate Fort

Here.

Contrary to Father’s assertions, the testimony of the
ICWA expert witness from the Navajo tribe does not undermine
the juvenile court’s determination that further services directed
to Father would be futile. The ICWA expert witness testified that
she tried to contact Father toward the beginning of the case, but
that his number was out of service. She also testified that Father
was in need of services to address parenting, substance abuse,
and domestic violence issues, and that he was not ready to take
custody without those services. With regard to the active efforts
requirement, the expert testified that she ‚would like to see a
little more effort by‛ DCFS, but that Father ‚needed to stay in
contact with‛ DCFS.

Standing Rock Sioux Tribe Seeks Asst. Public Defender

Matthew L.M. Fletcher

Here (2016 JOB AD – ASSISTANT PUBLIC DEFENDER SRST TRIBAL COURT (FINAL-DMA)):

The Standing Rock Sioux Tribe requests applications for the position of Assistant Tribal Public Defender.

 

The Assistant Public Defender is responsible for representing, in the Standing Rock Sioux Tribal Court, Tribal members charged with crimes on the Reservation.  Duties include advising defendants, conducting research, preparing court pleadings, negotiating with the Prosecutor’s office to reach plea agreements, and participating in bench and jury trials.

 

The Assistant Public Defender will be compensated on an hourly basis and is a full time position for a minimum of one (1) year.  Employment beyond one year will be contingent upon funding.

 

In order to meet the statutory prerequisites for employment as the Assistant Public Defender, applicants must: (1) be a member in good standing of the bar in any state or federal court; (2) be at least 21 years of age; (3) be of high moral character and integrity; (4) have a law degree from an (ABA) accredited law school; (5) never have been convicted of a felony; (6) have not been dishonorably discharged from the Armed Services; and (7) be physically able to perform the duties of the office.  The selected applicant will be subject to Tribal, State & Federal Criminal Background Checks.

 

Applications must include: a cover letter, resume, law school transcript, proof of bar acceptance, (3) references, and (3) writing samples.

 

Applications may be submitted and inquiries may be directed, to Ms. Dellis M. Agard, Court Administrator, Standing Rock Sioux Tribal Court, PO Box 363, Fort Yates, ND  58538, Telephone (701) 854-7244 or by Email to dagard@standingrock.org.

 

The worksite for this position is located in Fort Yates, ND at the Standing Rock Tribal Court.  Sitting Bull College Transit provides bus services, at nominal cost, to and from Bismarck, ND; Mobridge, SD; McLaughlin, SD and Selfridge, ND, and is coordinated with the Tribal work day, which is from 8:00 AM until 4:30 PM (Central Time).

Rebecca Webster on Tribal/Local Jurisdiction in Indian Country

Matthew L.M. Fletcher1 Comment

Rebecca Webster has published “Tribal and Local Governments: Jurisdictional Challenges within Shared Spaces” in the Wisconsin Lawyer.

An excerpt:

The concepts of shared governance and pooling resources have gained much attention in recent years. Often standing in the way of cooperation is the inability of local governments to regulate beyond their borders.1 While this area of law is well established and generally predictable with respect to local governments, the same cannot be said for instances when tribal governments are involved.2

With a focus on Wisconsin, this article briefly outlines the complex jurisdictional issues that arise when a tribal government and a local government exercise various levels of regulatory jurisdiction within an Indian reservation. Each government has a legitimate interest in protecting its jurisdictional authority; however, the path to determine the extent of that authority often has been paved with costly litigation. Despite the cost in time and money, the pursuit of jurisdictional certainty through the courts is riddled with inconsistencies and unanswered questions. Because this area of law is not well settled, it can be difficult for governments to come to an understanding of their respective jurisdictional limitations3 and therefore, to form cooperative relationships.4

Seminole Tribe’s Good Faith IGRA Suit Survives Florida’s Motion to Dismiss

Matthew L.M. Fletcher2 Comments

Here is the order in Seminole Tribe v. State of Florida (N.D. Fla.):

15 DCT Order

Pleadings here.

“NY village vote on changing seal depicting white settler ‘choking Indian'”

Matthew L.M. Fletcher

Here, here, and here:

Whitesboro.jpg

Federal Circuit Materials in Two Shields v. United States

Matthew L.M. Fletcher1 Comment

Oral argument audio in Two Shields v. United States (Fed. Cir.):

Briefs:

Two Shields Opening Brief

US Answer Brief

Reply Brief

Lower court materials here.

Former Federal Official that Stole Indian Ancestors Pleads Guilty

Matthew L.M. Fletcher1 Comment

Here is the press release titled “Former Effigy Mounds National Monument Superintendent Admits to Stealing Human Remains:

Munson Plea PR

Nooksack Tribe Seeks Prosecutor and ICW Presenting Officer

Matthew L.M. Fletcher

RFP – Request for Prosecution and Indian Child Welfare Case Services

 

The Nooksack Indian Tribe is requesting qualified attorneys and law firms to submit statements in response to this Request For Proposals.  The legal services include attendance and preparation for hearings to represent the Nooksack Indian Tribe as prosecutor before Nooksack Indian Tribe Tribal Court on crimes as set forth in the Nooksack Criminal Code, as well as any state or federal proceedings which fall within the Prosecutor’s responsibilities.   Hearings that include Prosecutor duties normally occur on Wednesdays, and require availability via phone other days.

In addition, the legal services would include representing the Nooksack Indian Tribe as Child Welfare Attorney on Indian Child Welfare proceedings in both the Nooksack Indian Tribe Tribal Court and such Washington State Courts as applicable under the Nooksack Youth Code. Hearings that include Child Welfare Attorney duties normally occur on the Whatcom County Dependency docket, and require availability via phone other days.

Responses to the subject RFP should be directed to the Office of the Tribal Attorney, mailed to P.O. Box 63, or hand delivered to 5047 Mt. Baker Highway, #200, Deming, Washington 98244.  The Nooksack Indian Tribe will conduct its first review of proposals that are delivered to, or postmarked by Monday, January 25, 2016.

Persons interested in receiving a digital copy of the RFP must contact Ms. Sue Gearhart, Office of Tribal Attorney, Nooksack Indian Tribe at sgearhart@nooksack-nsn.gov.