District of Montana

Montana School District to Redraw District Lines after Losing Voting Rights Act Case to Native Voters

Matthew L.M. Fletcher2 Comments

Here are the materials in Jackson v. Wolf Point School District (D. Mont.) (from the ALCU site):

Final Order
Judge Strong’s Recommendations
Consent Decree
Complaint
Press Release

From the ACLU site:

In January 2014, Wolf Point School District officials conceded voting districts challenged in August 2013 violate the equal protection clause of the Fourteenth Amendment of the United States Constitution. A settlement with the district calls for electing one board member from each of five voting districts to serve on the high school and elementary school boards and one member elected at-large district-wide to serve only on the high school board. Each of the new single-member districts will have populations that vary no more than 1.54 percent. This is a significant change from the existing system in which members of the majority white voting district have been electing one board member for every 143 residents and those in the majority Native American district have been electing one board member for every 841 residents. The settlement will be implemented over two years. The ACLU of Montana and the ACLU National Voting Rights Project sued the Wolf Point High School District in U.S. District Court in 2013 on behalf of seven Native American voters whose right to equal representation was being violated by these malapportioned school district voting districts that give some voters greater representation on the school board. The old districts violated the U.S. Voting Rights Act because they deprived Native Americans of the equal right to participate in the political process and elect representatives of their choice.

News coverage here.

Ninth Circuit Dismisses Wandering Medicine Voting Rights Appeal as Moot

Matthew L.M. Fletcher

Here is the unpublished order:

Wandering Medicine Mem Dispo

An excerpt:

Because we conclude that the scope of the preliminary injunction only included the 2012 election, this court can no longer provide plaintiffs with the relief requested—requiring defendants to open satellite offices in time for that election. Although plaintiffs’ complaint requested “preliminary and permanent injunctive relief . . . for the 2012 primary election and . . . for all future elections,” plaintiffs’ motion for a preliminary injunction included no such language, and the evidence presented to the district court focused almost exclusively on the 2012 election. As that election has passed, there is no longer any relief that this court can provide with respect to that election.

Briefs and other materials here.

Federal Court Dismisses Pro Se Effort to Return “Peace Flag”

Matthew L.M. Fletcher

Here are the materials in Gopher v. Cascade County (D. Mont.):

Complaint

DCT Order Dismissing Complaint

An excerpt:

Ms. Gopher seeks the return of a 13-star peace flag bundle and its contents. She contends that Cascade County has exercised illegal control over the Gopher family’s artifacts. She seeks an immediate injunction barring the effect of a November 12, 2012 state court order, the return of her family’s property which was subject to a probate action which commenced in Cascade County on July 22, 2010, and a stay of all state court proceedings.

The Montana Supreme Court ruled on this matter previously.

Ninth Circuit Materials in Wandering Medicine v. McCulloch — Voting Rights Case

Matthew L.M. Fletcher1 Comment

Here are the briefs:

Wandering Medicine Opening Brief

NCAI Amicus Brief

US Amicus Brief

County Appellees’ Brief

Wandering Medicine Reply

Oral argument audio here.

Materials on the appellees’ motion to dismiss here.

Lower court materials here and here.

Federal Court Declines to Dismiss Indictment in Victimless Crime in Indian Country

Matthew L.M. Fletcher

Here are the materials in United States v. Augare (D. Mont.):

12 Augare Motion to Dismiss

13 US Response

17 Augare Reply

21 MJ Order Denying Motion to Dismiss

News coverage here. An excerpt:

The U.S. government can prosecute misdemeanor driving offenses on Indian reservations, a federal magistrate judge ruled Tuesday in rejecting a request to dismiss charges against a Blackfeet tribal leader and Montana state senator.U.S. Magistrate Judge Keith Strong said the federal government shares jurisdiction with tribal governments. He rebuffed arguments by Shannon Augare’s attorney, who said the federal government’s case against the Blackfeet Tribal Business Council member and Democratic senator was an intrusion of tribal sovereignty.

Blackfeet Housing Sues BIA over Failure to Maintain Storm Drains and Flood Damage

Matthew L.M. Fletcher

Here is the complaint in Blackfeet Housing v. United States (D. Mont.):

1 – Complaint

An excerpt:

9. During the winter of 2011, the Blackfeet Indian Reservation had significant snowfall. The streets in Browning were covered with snow, and huge snow banks were created from plowing. In June of 2011, Browning also had significant rainfall. Given the unusual amount of precipitation, Blackfeet Housing had many rental units with a significant amount of water in the basements. In order to address the magnitude of this problem, Blackfeet Housing sent an engineer to look at the homes and determine the reason for the flooded crawl spaces. He discovered that the storm drains were clogged, the water had nowhere to go, and as a result, the water was backing up into the homes. The water in some of the homes filled the entire crawl space. The result was significant damage to the structure of the unit.

10. Each year after the snow melt and spring storm, the neighborhood flooding will continue to increase in frequency, duration, and intensity until storm drain systems are cleaned and repaired.
11. The storm drain and catch basic cleaning and repair is now well beyond the scope of routine maintenance.

12. Repair of residence flood damages is well beyond the scope of routine Blackfeet Housing house maintenance.

Federal Court Affirms Conviction for Stealing from Vendors at Tribal Event

Matthew L.M. Fletcher

Here are the materials in United States v. Spoonhunter (D. Mont.):

DCT Order Denying Motion for Acquittal

Spoonhunter Indictment

An excerpt:

Defendant attacks only one issue in challenging her conviction: whether the government proved that she acted with intent to defraud the vendors with whom she worked in connection with North American Indian Days. Defendant argues no evidence was presented at trial to prove that she contemplated harm to her victims, or that her actions were done in bad faith.

Op-Ed on Indian Country Prosecutions and Investigations

Matthew L.M. Fletcher

Authored by:

Michael W. Cotter, U.S. Attorney, District of Montana

Calvin Wilson, Chief Prosecutor, Northern Cheyenne Tribal Court

Glen Littlebird, Sr., Prosecutor, Northern Cheyenne Tribal Court

 

This week the United States Department of Justice released a report to Congress entitled Indian Country Investigations and Prosecutions which provides a range of enforcement statistics required under the Tribal Law and Order Act of 2010.  The report, based on data compiled from the case management system used by U.S. Attorney’s Offices (USAO) with Indian Country jurisdiction, and FBI crime data from reservations, shows among other things a 54 percent increase in Indian Country criminal prosecutions since Fiscal Year 2009.

Here in the District of Montana, justice in Indian Country is achieved through both tribal and federal courts.  Currently, under the Indian Civil Rights Act, a tribal court’s authority to sentence a defendant is limited to a term of imprisonment of 1 year and a fine of $5000 per offense.  Because tribal court penalties are limited, the most serious of crimes are prosecuted in federal court by the USAO.  In Montana, the USAO shares prosecutorial responsibilities with tribal prosecutors on all of the reservations in the state, except the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation.

The Indian Country Investigations and Prosecutions report released this week by the Department of Justice previews a new era of partnership between the federal government and American Indian tribes.  The report documents an unprecedented level of collaboration with tribal law enforcement, regular consultation on a crime fighting strategy, joint federal/tribal task forces, information sharing, training of investigators, and cross deputizing tribal police and prosecutors to enforce federal and tribal law.  We certainly have seen the changes described by the report in the USAO’s relationships with its tribal partners in Montana.

Since 2010, the District of Montana USAO has implemented a bi-monthly meeting involving the federal prosecutors assigned to each reservation, the tribal prosecutors for the reservation and tribal and federal law enforcement officers.  During these meetings, cases arising on a particular reservation during the preceding two-week period are discussed and a joint decision is made concerning which jurisdiction – Federal or tribal or both – will prosecute a particular case.  Between 2010 and the present, the USAO in Montana has devoted six prosecutors to Indian Country.  With these additional resources, over the last two years, 76% of all cases staffed have been resolved in either federal or tribal court.  During the last two years, the Montana USAO has averaged 30 jury trials each year.  Each of the approximately 60 trials involved violent crimes committed in Indian Country. In addition, numerous trials have occurred in tribal courts across Montana resulting in convictions of defendants that have committed less serious crimes.

Tribal courts play an integral role in providing public safety in our Indian communities.  In Montana, federal and tribal prosecutors recognize and respect each other and the courts in which they work.  Tribal courts, like tribal governments, are important federal partners.  The members of federal law enforcement and the USAO Montana support partners in tribal law enforcement and the tribal court system, and vice versa.  That is why federal prosecutors and agents share investigative files with their counterparts in Indian Country.  Just as tribal law enforcement respond to federal court subpoenas, special agents from the FBI routinely respond to tribal court subpoenas to provide testimony in criminal proceedings and trials.

Tribal communities as a whole, and defendants as well as victims of crime in Indian country must have confidence that their tribal court systems are capable of delivering justice.  When that confidence is lacking for whatever reason, the Department of Justice and the USAOs must do all we can to develop that confidence.  The federal and tribal governments need a true partnership.  It is only through this “court to court” relationship that justice truly may be achieved in Indian Country for victims of crimes. We agree that the process in place is way better than it has ever been before.  It’s real.  It’s working.  It is also important to remember that often tribal court can provide quicker and better answers in various criminal matters.

Although it will take some time before we can understand the full impact of the recent efforts on crime in Indian Country, some things are clear.  The increase in enforcement will bolster the faith and confidence that American Indian communities have in the criminal justice system.  The increase in collaboration and communication strengthens the bond of trust between federal and tribal investigators, prosecutors, and other personnel in both federal and tribal criminal justice systems.  Finally, the efforts undertaken in the last few years by the men and women of the federal and tribal criminal justice systems will make communities safer in Montana.

Michael W. Cotter was nominated by President Barack Obama to serve as the United States Attorney for the District of Montana.  He was  sworn in as Montana’s 39th United States Attorney on December 30, 2009.

Calvin Wilson has been licensed to practice law in the State of Montana since 1977.  He is currently the Chief Prosecutor for the Northern Cheyenne Tribal Court.  He has also served as a tribal judge, a tribal attorney, an elected Country Attorney for Big Horn County and a prosecutor for the City of Hardin.

Glen Littlebird, Sr., who is also a prosecutor for Northern Cheyenne Tribal Court, has served as a special agent for the BIA, a tribal judge, and a tribal councilman.

Treaty Rights Challenge to Migratory Bird Treaty Act Prosecution Fails

Matthew L.M. Fletcher1 Comment

Here are the materials so far in United States v. Crooked Arm (D. Mont.):

Crooked Arm Indictment

Crooked Arm Motion to Dismiss

US Response

Crooked Arm Reply

DCT Order Denying Motion to Dismiss

Montana Federal Judge Cebull Retires over Racist Obama Email

Matthew L.M. Fletcher

Here. Via. News coverage. From the CA9:

In March 2012, U.S. District Judge Richard F. Cebull, District of Montana, wrote to Ninth Circuit Chief Judge Kozinski and asked that an inquiry be conducted as to whether Judge Cebull’s transmittal of an email containing racially offensive content constituted misconduct under the Judicial Conduct and Disability Act. 28 U.S.C. § 351 et seq.

Judge Cebull’s self-filed complaint and another were referred to a Special Committee which conducted a thorough and extensive investigation, interviewed numerous witnesses, considered voluminous documentation, including emails, and conducted an interview with Judge Cebull. The Special Committee’s Report was submitted to the Judicial Council in December 2012. On March 15, 2013 the Judicial Council issued an Order and Memorandum. Judicial Conduct Rule 20(f). Pursuant to Judicial Conduct Rules 22 and 24(a), the Order and Memorandum remains confidential during the appeal period.

At this time, Judge Cebull has submitted his retirement letter, pursuant to 28 U.S.C. § 371(a), effective May 3, 2013. The Council will have no further statement on this matter until Judge Cebull’s retirement is effective.

We posted about this last year here.