Eastern Band of Cherokee Indians – Page 3

Job Opening, Associate Counsel, Eastern Band Cherokee

February 4, 2016Victoria Sweet

Eastern Band Cherokee is searching for an Associate Attorney to work in the Attorney General’s Office, Civil Law Department. Requires at least 2 years experience with tribal law.

The job closes on February 12th at 4pm.

Applications can be mailed to: E.B.C.I Employment Department PO Box 553 Cherokee, NC 28719.

Applicants can also call 828-359-6388 and see if it’s possible to email/scan.

Full job description available here Associate Counsel IV EBC

Applications forms available here 2013-revised-application EBC

Eastern Band Cherokee Seeking Tribal Prosecutor

January 28, 2016January 28, 2016Victoria Sweet

Job responsibilities to include prosecuting criminal and juvenile charges in Cherokee Court and prosecuting criminal cases in Federal Court as a Special Assistant United States Attorney (SAUSA).

The job closes on February 12th at 4pm.

Applications can be mailed to: E.B.C.I Employment Department PO Box 553 Cherokee, NC 28719.

Applicants can also call 828-359-6388 and see if it’s possible to email/scan.

Full job description Tribal Prosecutor II

Application checklist 2013-Revised-Application

Eastern Band Cherokee Press Release on Domestic Violence Prosecution under VAWA

July 24, 2015Matthew L.M. Fletcher

Here:

Press Release re John Arkansas 07-22-15

Eastern Band of Cherokee Indians Posting for Family Safety Attorney

July 15, 2015Matthew L.M. Fletcher

The Eastern Band of Cherokee Indians is accepting applications for a Family Safety Attorney. Applicant must have a JD degree from an ABA accredited law school, be a member in good standing of N.C. State Bar, 5 years of experience practicing law preferably litigation experience, and have an interest in protecting and improving the welfare of children. Excellent benefit package. Salary: $93,500, DOE. Contact EBCI Employment Office – Erin Taylor, P.O. Box 553, Cherokee, NC 28719. 828-554-6382.

Federal Court Dismisses Appeal to Tribal Court Child Support Order

June 29, 2015Matthew L.M. Fletcher

Here is the federal court order in In re Maney (W.D. N.C.):

3 DCT Order

Prisoner Section 1983 Suit against Tribal Police and Judge Dismissed

June 16, 2015Matthew L.M. Fletcher

Here is the order in Tramper v. Smith (W.D. N.C.):

2 DCT Order

An excerpt:

Plaintiff’s Complaint will be dismissed for failure to state a claim. Plaintiff purports to bring a civil action pursuant to 42 U.S.C. § 1983 against the tribal prosecutor and the tribal judge who participated in Plaintiff’s criminal action in tribal court for the Eastern Band of Cherokee Indians. Actions brought under 42 U.S.C. § 1983 must allege deprivation of constitutional rights under color of state law, as opposed to under color of tribal law. See R.J. Williams Co. v. Fort Belknap Hous. Auth., 719 F.2d 979, 982 (9th Cir. 1983). Here, Plaintiff does not allege that Defendants were acting under color of state law; indeed, Plaintiff’s claim appears to arise from his criminal conviction in tribal court pursuant to tribal law. Thus, for this reason alone, Plaintiff’s action is subject to dismissal.

In addition, to the extent that Plaintiff purports to sue Defendants in their official capacities, Defendants enjoy sovereign immunity from suit. “Indian tribes are neither states, nor part of the federal government, nor subdivisions of either.” N.L.R.B. v. Pueblo of San Juan, 276 F.3d 1186, 1192 (10th Cir. 2002) (en banc). Unless Congress authorizes the suit or sovereign immunity has been waived, Indian tribes, tribal entities, and persons acting on tribes’ behalf in an official capacity enjoy sovereign immunity against suit. Kiowa Tribe of Okla. v. Mfg. Techs., Inc., 523 U.S. 751, 754 (1998) (tribe); Allen v. Gold Country Casino, 464 F.3d 1044, 1046 (9th Cir. 2006) (tribal entity), Hardin v. White Mountain Apache Tribe, 779 F.2d 476, 479-80 (9th Cir.1985) (tribal officials).

Eastern Band Cherokee Hosts First Ever CVB Court in Indian Country

April 2, 2015Victoria Sweet

Full article here.

Excerpts from the article:

The Cherokee Tribal Court did something on Thursday, April 2 that no other court in Indian Country has ever done before – open a CVB (Central Violation Bureau) session. In a special event at the EBCI Justice Center, the Tribal Court celebrated the momentous occasion with various state and federal judicial officials.

CVB Court handles small, petty misdemeanor offenses that occur on federal lands.

“In the big scheme of things, where a District Court or a Magistrate’s Court is held, might not seem that important,” said Cherokee Supreme Court Chief Justice Bill Boyum. “And, unless you know what’s going on in Indian Country, it’s really not that important, but given what is going on in Indian Country, it is of the ultimate importance.”

Boyum added, “Given the fact that the Violence Against Women Act (VAWA) now allows Tribes the right to prosecute non-Indians and has opened the door for full sovereign independence for tribal courts, it means that we would be able to prosecute all folks on our reservation at some point in time. VAWA has opened that door, and that means that we’re really going to have to work with federal courts.”

On the importance of the Cherokee Tribal Court hosting the CVB Court, Boyum stated, “There are no rules. There are no laws. There are no regulations. There is no case law. There are not even any policies or thought processes on how this kind of thing could happen because it’s never happened before. On the bright side, there are no rules, policies or regulations to say it can’t happen.”

Last month, Principal Chief Michell Hicks and Chief U.S. District Court Judge Frank Whitney signed a Memorandum of Understanding outlining the details of the agreement whereby the Tribal Court would host CVB Court.

Boyum said the relationships the Eastern Band of Cherokee Indians has with the State of North Carolina and the federal government helped make this a reality. “In the rest of Indian Country, there is often an antagonist relationship between the state and the Tribe and the federal government. The system that is in place requires the exact opposite of that. It requires all three of them to work together.”

“In the future, we hope to hold some U.S. District Courts here; at least the motions and sentencing and maybe some jury trials,” said Boyum who added the Tribal Court has been in discussions with state court officials and may share space with the state courts in the future as well.

North Carolia COA Decides Matter on Applicability of ICWA

August 20, 2014Matthew L.M. Fletcher1 Comment

Here is the opinion in In re H.S.:

NC App Opinion

An excerpt:

DSS sent a standard letter of notice to the Bureau of Indian Affairs (BIA) and did not receive a response. The juveniles’ guardian ad litem met with respondent father who stated that he was not Native American, and respondent mother who stated that she was part Cherokee. He met with the juveniles’ maternal grandmother who stated that she and her family were associated with the Eastern Band of Cherokee Indians. The guardian ad litem gave the Eastern Band of Cherokee Indians’ enrollment office the names of the juveniles’ parents, maternal grandparents, and maternal great grandparents. None of them
were enrolled members.