Alaska – Page 4 – Turtle Talk

Unpublished Notice Case in California Regarding Alaska Native Villages

February 16, 2017February 16, 2017Kate Fort1 Comment

Here. The Fourth Appellate District does more research than DPSS (the agency tasked with notice), and put it into the decision:

Respondent argues that there is no federally recognized “Innuit Eskimo” tribe, so notice was not required. It is not quite so simple. The term “Innuit” is a collective term (the plural of Inuk), for a group of culturally similar indigenous peoples inhabiting the Arctic regions of Alaska, Greenland, Canada, and Siberia. (http://www.newworldencyclopedia.org/entry/Inuit.) The Alaskan Innuit comprises the Alutiiq, Yup’ik (or Yupiat) and Inupiat tribes. (http://www.encyclopedia.com/history/united-states-and-canada-north-american-indigenous-peoples/.) The term “Eskimo,” as it pertains to Alaskan indigenous peoples, has been replaced by “Inuit.” (Ibid.) There are 229 federally recognized Alaskan villages. (http://www.alaskannature.com/inuit.htm; see also, 81 Fed. Reg. 5023-5025, (No. 19, January 29, 2016).) For this reason, one will not find “Eskimo” or “Innuit” in the Federal Register’s list of federally recognized Native Entities.

The Federal Register lists the 229 Alaskan villages. The names, addresses and telephone numbers of approximately 15 Tribal Leaders and BIA Servicing Centers may be found in the BIA Tribal Leaders Directory. (See, http://www.bia.gov/cs/groups/public/documents/text/idc002652.pdf.) At the very minimum, the social worker should have provided notice to the Native Alaskan Entities through the BIA, if not to the individual tribal entities.[5]

And, in case you were wondering what that footnote five is all about, it’s worth posting as well:

[5] By way of a letter, DPSS requests that we identify the specific Native American entity to which notice should be provided. We have identified four entities listed in the Federal Register in our opinion, whose names comprise a form of the words “Innuit” or “Inuk.” We also recommended contact with the BIA. However, the duty to identity and locate the appropriate Native American entity is more appropriately borne by the DPSS working with the court.

Alaska Public Media Story on the Kenaitze Joint Jurisdiction Court

December 30, 2016Kate Fort

Here.

Kenaitze Indian Tribe in Kenai is partnering with the State of Alaska to develop the state’s first joint-jurisdiction therapeutic court. Proponents say it’s a step towards better support for community members — both Native and non-Native — who are struggling with substance abuse and the legal system.

Judge Sweet identifies a particular issue of interest:

Kimberley Sweet, Chief Judge for the Kenaitze tribal court, said the situation is having a serious impact on families.

“99 percent of our children and native aid cases come in and there is a drug and alcohol component to either the neglect or the abuse that has taken place and the state court is seeing the same things,” Sweet said. “We were having people in our CINA cases here that had a simultaneous criminal case going on over in the state court.”

Maniilaq Association Now Hiring Chief Financial Officer

November 4, 2015November 4, 2015Sarah M Donnelly

Job announcement here.

Alaska Attorney General Publishes Opinion Regarding State Enforcement of Tribal Protection Orders

July 31, 2015Victoria Sweet

Link to full press release here .

Attorney General Craig Richards published a formal Attorney General Opinion today regarding whether state and local law enforcement can enforce a tribal protection order that has not been registered with the court system. The opinion had been requested by Commissioner Folger, Department of Public Safety in order to provide clarity to the State Troopers in carrying out their duties.

This Opinion concludes that a tribal protection order does not need to be registered with the court system before a State trooper or other officer can enforce it. The protection order will be immediately enforceable if it meets the criteria outlined in the federal Violence Against Women Act (VAWA).

“This Opinion provides clear direction to officers on the ground as well as the victims they seek to protect,” said Attorney General Richards. “There should now be no doubt that these protection orders must be enforced.

Opinion available here Opinion Alaska Tribal Protection Orders

News coverage here .

The Atlantic Article on Climate Change and Yup’ik Fishing

March 17, 2015Kate Fort1 Comment

Here.

“Subsistence is living from the land,” said Flynn. “It’s what we’ve always done. We go hunt ducks and seals in the ocean in the springtime. Ptarmigan. Salmon. My great-grandfather and grandfather told us we have to be very careful what we catch. God made them for everyone. I was living subsistence even when I was in the military. My whole life. I make a fish camp every year and dry 30, 40 kings. I set a net last summer but there was too much closure. Things have been rough.”

“And how did it feel not to be able to catch enough?” Davis asked him.

“I have a grandchild, 2 years old—” He paused and rubbed his eyes. Several other men in the gallery also began to cry. “My grandson said to me, ‘When we gonna go check the net?’ And I couldn’t say anything.”

Michael Cresswell, a state trooper, leaned over and whispered in my ear: “This is momentous. This is climate change on trial.”

Via J.S.

Victoria Sweet on Trafficking and Alaska

March 1, 2015Kate Fort

Victoria Sweet, now of NCJFCJ, formerly of the ILPC and MSU Law, was interviewed on KTVA about trafficking and resource exploitation as part of the Alaska Institute for Justice Rural Safety and Justice Conference.

Here.

Tlingit and Haida to conduct same-sex marriages

February 25, 2015February 25, 2015Ann Tweedy

Here. As far as we know, this will be the first tribal nation in Alaska to conduct same-sex marriages.

House and Senate Repeal Alaska Exception (Section 910) of VAWA

December 12, 2014Victoria Sweet

Now it’s off to the President for his signature or veto:

Senator Lisa Murkowski and Congressman Don Young today teamed up to make sure that Section 910 of the Violence Against Women Act was repealed. Through numerous conversations with their House and Senate colleagues, the two Alaska lawmakers succeeded in having the provision removed from the law.

In the final days of the 113^th Congress, Representative Young worked directly with House leadership – including several interactions with Speaker John Boehner, Majority Leader Kevin McCarthy, and other senior House members – to secure expedited passage of the bill in one of the House’s final actions prior to adjourning. Meanwhile, Senator Murkowski worked with her Senate colleagues to build support for the action, including a call across Capitol Hill before the vote to Majority Leader McCarthy, encouraging his consent for the move that officially took place after tonight’s final budget vote.

“Alaska tribes asked me to repeal Section 910 of VAWA, and I thank the Alaska Delegation for working with me on their behalf,” said Murkowski. “But it doesn’t stop today; in the new Congress beginning next month, it will be imperative to ensure that our tribal courts in Alaska receive the funding they need to deliver the justice and protection the need and deserve – not only for training and capacity development, but also for operations.”

“Today I am pleased that the House of Representatives passed S. 1474, a bill which repeals Section 910 of the Violence Against Women Reauthorization Act of 2013 (VAWA). In the many conversations I have had with Alaska Native leaders and families since the reauthorization of VAWA last year, I heard a consistent, clear, and powerful message: that Section 910 was an error and must be repealed,” said Congressman Young. “I was proud to work with Lisa in these final moments to ensure that one of the final acts of the House of Representatives in the 113^th Congress was to empower Alaska’s tribes and uplift Alaska Native women.”

Link to press release here.

Alaska Legal Services Corp: Job Posting for Fairbanks Native Law Staff Attorney

November 18, 2014Kate Fort

Here.

Fairbanks Native Law Staff Attorney – Alaska Legal Services Corporation is seeking a full-time staff attorney for its Fairbanks office to provide legal services to Tanana Chief Conference member Tribes and tribal members. This position primarily involves representation of individual and tribal clients in proceedings related to the Indian Child Welfare Act, as well as litigating other Native law matters on behalf of TCC Tribes and tribal members. Travel to both rural and urban areas may be required. Click here for full job description.