ABA Criminal Justice Section’s Indian Law and Order Commission Panel

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Carole Goldberg and Tom Gede
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Patty Ferguson, Tom Gede, Carole Goldberg, and Affie Ellis

NYTs Profile of Shooting at Wind River

Here is “In Wyoming, Shooting Highlights Divide Between a City and a Reservation.”

Job Posting: Navajo Nation Assistant Attorney General

Here

The Navajo Nation Department of Justice is seeking an energetic and motivated Assistant Attorney General to manages a component “Tax and Finance Unit” The qualified applicant will provide legal advice and representation to various programs, departments and divisions of the Navajo Nation government, regarding a wide range of legal issues, including statutory and regulatory grounds for local authority, contract disputes and procurement issues, and intergovernmental relations. Emphasis will be in the area of Tax, Retirement, Insurance, Finance and Office of Management and Budget.

 

Latest District Court Memorandum and Order in Duluth v. Fond Du Lac

07 28 15 Nelson Decision

Given the significant weight that is to be placed on this factor, the Court finds that it tips the balance in favor of granting the Band retrospective relief under Rule 60(b)(6). Although (1) the parties voluntarily agreed to the Consent Decree, (2) the NIGC initially endorsed the Agreements, and (3) the NIGC may lack authority to punish the Band for its compliance with the Consent Decree, those factors are outweighed by (4) the strong congressional intent that tribes be the primary beneficiaries of gaming revenues, (5) the fact that the Band’s obligation to pay rent under the Agreements is now considered—by the agency tasked with making such determinations—to violate that intent, and (6) the fact that the City was aware of the NIGC’s changing viewpoint on the subject matter. Accordingly, the Band is relieved from its obligation to pay to the City the rent withheld in 2009, 2010, and 2011.

Previous coverage here.

Testimony from Recent Senate Hearing on Juvenile Justice in Indian Country

Here.

The Honorable Robert Listenbee
Administrator-Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice, Washington, D.C.
View Testimony

Mr. Darren Cruzan
Deputy BIA Director-Office of Justice Services, Bureau of Indian Affairs, U.S. Department of the Interior, Washington, D.C.
View Testimony

Ms. Addie C. Rolnick
Associate Professor-William S. Boyd School of Law, University of Nevada, Las Vegas, NV
View Testimony

Ms. Carla Knapp
National Director of Native Services-Boys & Girls Club of America, Fort Myers, FL
View Testimony

ABA submission here.

TLPI Code Resource: Drafting or Revising Tribal Juvenile Justice Codes

The Tribal Law and Policy Institute (TLPI) is pleased to announce a new Tribal Legal Code Resource publication – A Guide for Drafting or Revising Tribal Juvenile Delinquency and Status Offense Laws – which is the most recent addition to TLPI’s Tribal Legal Code Resource series. This resource was developed with support from both the U.S. Department of Justice Bureau of Justice Assistance (BJA) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP) Tribal Youth Program Training and Technical Assistance Center. Please note that the June 2015 version – available through TLPI’s Tribal Court Clearinghouse www.TLPI.org – includes an interactive version with extensive internal and external links and downloadable PDF format.

Tenth Circuit Affirms Conviction of Former Paiute Tribal Employee for Mail Fraud

Here is the opinion in United States v. Zander.

An excerpt:

Defendant Jeffrey Zander was convicted of two counts of mail fraud, two counts of wire fraud, one count of money laundering, and three counts of willful failure to file federal tax returns. He was sentenced to sixty-eight months of imprisonment and ordered to pay $202,543.92 in restitution to the Paiute Indian Tribe of Utah, the main victim of his fraud. On appeal, he challenges his convictions on the mail fraud, wire fraud, and money laundering counts. He also challenges the length of his sentence and the amount of restitution awarded to the Tribe.

Ninth Circuit Decides Tulalip Tribes v. Suquamish Tribe

Here is the opinion. From the syllabus:

The panel affirmed the district court’s summary judgment in a treaty fishing rights case in which the Tulalip Tribes sought a determination of the scope of the Suquamish Indian Tribe’s usual and accustomed fishing grounds and stations.
The Tulalip Tribes invoked the district court’s continuing jurisdiction as provided by a permanent injunction entered in 1974. The panel affirmed the district court’s conclusion that certain contested areas were not excluded from the Suquamish Tribe’s usual and accustomed fishing grounds and stations, as determined by the district court in 1975.

Briefs here.

28th Annual Indian Law Symposium at University of Washington

Here.

About the Program

Join us for the 28th Annual University of Washington Indian Law Symposium! As in past years, the conference includes comprehensive litigation and legislation updates and a number of topics of interest to a broad array of practitioners.

Program Highlights

  • Keynote by EPA’s Deputy General Counsel
  • Basics of Criminal Jurisdiction Under VAWA & TLOA
  • Federal Environmental Laws in Indian Country
  • Tribal Taxation Issues in Washington
  • Ethical Issues in Tribal Court
  • Current Indian Religious Freedom Questions
  • Federal Legislative Update
  • Public Defense in Tribal Courts
  • Non-gaming Economic Development Strategies
  • Annual Litigation Update