Colville Confederated Tribes

Materials in Federal DV Prosecution under Major Crimes Act (Colville)

Matthew L.M. Fletcher1 Comment

Here are the materials so far in United States v. Flett (E.D. Wash.):

DCT Order re Pretrial Motions

Flett Indictment

Flett Motion to Dismiss

US Response

An excerpt:

On June 5, 2012, Tommie Joe Flett allegedly assaulted his estranged girlfriend at a residence that is located within the boundaries of the Colville Indian Reservation. The Colville Confederated Tribes charged Mr. Flett in tribal court with violations of tribal law. On August 24, 2012, Mr. Flett pleaded guilty in tribal court to the crime of “Battery (Domestic Violence).” During the process, he allegedly admitted assaulting his estranged girlfriend on June 5, 2012. The tribal judge sentenced Mr. Flett to a term of 360 days incarceration with credit for time served. The matter did not end there. The United States sought, and obtained, an indictment charging Mr. Flett with violations [2] of federal law. The federal indictment is based upon the same conduct that the 2012 tribal conviction is based upon. Counts one, two, and three allege Mr. Flett committed the crime of assault in Indian Country.18 U.S.C. §§ 1153(a)and113(a). Count four alleges he is subject to enhanced punishment based upon prior domestic violence convictions.18 U.S.C. § 117(a). The parties have filed a number of pretrial motions.

Colville Tribal Prosecutor Article on Practicing in Tribal Court

Matthew L.M. Fletcher

From the March 2013 edition of the Washington State Bar’s “NW Lawyer“:

nwlaywer201303

Ninth Circuit Rejects Another Challenge to Colville Tax Agreement

Matthew L.M. Fletcher2 Comments

Here are the materials in Tonasket v. Sargent:

CA9 Unpublished Opinion

Tonasket Opening Brief

Colville Answer Brief

Tonasket Reply

Lower court materials here.

The Ninth Circuit recently decided a related appeal here.

Federal Court Holds Teck Cominco Metals Liable under CERCLA for Lake Roosevelt Pollution Clean-Up Costs

Matthew L.M. Fletcher

Here is the order in Pakootas v. Teck Cominco Metals (E.D. Wash.):

DCT Judgment Favoring Pakootas — Phase I

 

Ninth Circuit Rejects Challenge to Colville Tribal Membership Determination

Matthew L.M. Fletcher1 Comment

Here are the materials in Desautel v. Dupris:

Desautel Opening Brief

Colville Answer Brief

CA9 Unpublished Opinion

House Resources Committee Hearing on Per Capita Act and Federal Treatment of Trust Per Capita Distributions

Matthew L.M. Fletcher

Here:

OPENING STATEMENT:

The Honorable Don Young
Chairman

The Honorable Doc Hastings
Full Committee Chairman

WITNESSES AND TESTIMONY:

Panel I

Christy J. Jacobs
Director, Office of Indian Tribal Governments
Internal Revenue Service
U.S. Department of the Treasury

The Honorable Athena Sanchey Yallup
Executive Secretary
The Confederated Tribes and Bands of the Yakama Nation

The Honorable Ron Suppah
Vice-Chairman
Tribal Council of the Confederated Tribes of the
Warm Springs Reservation of Oregon

The Honorable John E. Sirois
Chairman
The Confederated Tribes of the Colville Reservation

Colville Press Release on Partial Settlement of Pollution Case against Teck Caminco Metals

Matthew L.M. Fletcher2 Comments

Here is that release:

Colville Press Release

Update in State of Washington v. Clark — Tribal Amicus Filings

Matthew L.M. Fletcher

Here:

Colville Amicus Brief in Support of Petition for Review

Tulalip Amicus Brief in Support of Petition for Review

The parties’ briefs at the COA are here.

Colville Staff Attorney Job Posting

Matthew L.M. Fletcher

The Confederated Tribes of the Colville Reservation, Office of Reservation Attorney, seeks two attorneys with experience and expertise in Indian Law and in working for a tribal government.  Must possess at least five, and preferably ten, years of successful experience as a licensed attorney and provide evidence of expertise in issues related to tribal governmental law and policy. Exceptionally strong research and writing skills are required. Candidates with litigation experience and experience working with Indian tribes are particularly encouraged to apply. Applicants must be admitted to practice before the Washington State Courts upon hire or within one year of hire.

The Colville Reservation, with headquarters in Nespelem, Wash., contains over 1.4 million acres and provides attorneys the opportunity to work on a variety of important Indian law matters. The Office of Reservation Attorney is one of the oldest on-reservation tribal government law offices, with a strong tradition of excellence.

Salary DOE.  The ORA salary for an attorney with ten years’ experience is approximately $94K annually, with increases at all levels based upon years of experience. Generous health and retirement benefits are provided.

Open until filled.  Submit cover letter describing in detail how the applicant meets or exceeds minimum requirements, a resume listing at least three work-related references/contact information, and writing sample to Office of the Reservation Attorney Attn: Alice Koskela, Managing Attorney, P.O. Box 150, Nespelem, WA  99155.

The ORA is an Indian Preference employer.

Colville Tribes Settle Trust Management Claims for $193 Million

Matthew L.M. Fletcher

Here.