Eastern Band of Cherokee Indians

Michigan COA Decision on In re Morris

Kate Fort

The Michigan Court of Appeals heard the ICWA notice case that the Michigan Supreme Court originally remanded back to Wayne County for notice. That case, In re Morris, details what is required of Michigan courts when notifying tribes of a potential ICWA case.

The decision is here. There is finally extensive detail on what DHS did or did not put in the notice to the three Cherokee tribes, something the Supreme Court demanded in Michigan ICWA cases.

Since respondent could not obtain any additional information regarding his relatives, it would be unreasonable to expect petitioner to find it. Imposing this burden on petitioner would also encourage parents, who can best research their own ancestry, to delay the proceedings by providing limited information. Because it would often take a long time to uncover ancestry details, a requirement that ICWA tribal notices include every detail of a child’s ancestry    would    undermine    ICWA ’ s    10-day    provision,    which    prevents    unreasonable    delays.    It would also jeopardize concepts of permanency and finality. The trial court did not err by finding that there was compliance with the ICWA’s notification requirements.

N.C. Appellate Court Affirms Dismissal of Tort Suit against EBCI

Matthew L.M. Fletcher2 Comments

We previously posted an earlier appeal of this case to the state appellate system here. The Eastern Band tribal court had jurisdiction all along.

Here are the materials in Cardeon v. Owle Constr. II:

Appellant Brief

Appellee Brief

Reply Brief

NC App Unpublished Decision

Eastern Band Cherokee Judge Matthew Martin Retires from Bench

Matthew L.M. Fletcher

Here.

Judge Martin is a helluva writer and scholar, see here and here and here.

Judge-Martin-retires-1024x682

Cherokee Tribal Court Associate Judge Matthew Martin (center) retired from the court, and was honored at a reception on Monday, Feb. 11. Shown (left-right) are Judge Kirk Saunooke, Painttown Rep. Tommye Saunooke, Judge Steven Philo, Martin, Cherokee County – Snowbird Rep. Adam Wachacha and Cherokee Chief Justice Bill Boyum. (SCOTT MCKIE B.P./One Feather)

News Coverage of Eastern Band Cherokee Statute Imposing Fines on DV Offenders

Matthew L.M. Fletcher1 Comment

Here. An excerpt:

The Eastern Band of Cherokee Indians is hitting domestic violence abusers in their pocketbooks.

People convicted of domestic violence-related charges must now pay a $1,000 fine, in addition to other penalties handed down by tribal court. Tribal council approved of the measure at its meeting last week.

“We are hoping this will make them stop and think,” said Iva Key, the Eastern Band’s Domestic Violence program manager. “A lot of these are repeat offenders,” Key said later.

Money collected from the fine will be split 50-50 between services for victims of domestic violence and other tribal initiatives such as education.

A possible downside to the fine, however, is the financial hardship it might cause, especially if a family is trying to reunite and rebuild after an incident of abuse. Not everyone has $1,000 of disposable income, which means that money cannot be spent on necessities for the family.

 

Eastern Band Cherokee Ordinances Implement TLOA Higher Sentencing Authority

Matthew L.M. Fletcher

Here:

Ordinance 210

Ordinance 182 (2012)

They appear to have preceded Hopi by a few days.

Eastern Cherokee Vote Down Alcohol Ordinance

Matthew L.M. Fletcher

Here is the news coverage, via Pechanga.

And the tribal court opinion rejecting the challenge the vote, which was negative anyway.

N.C. Appellate Court Affirms Transfer of Civil Claims against Tribal Casino to Tribal Court

Matthew L.M. Fletcher3 Comments

Here are the materials in Carden v. Owle Construction:

NC App Opinion

Carden Appellant Brief

Owle Construction Appellee Brief

Carden Supplemental Memorandum

Lower Court Record

Eastern Band Cherokee and North Carolina Reach Gaming Compact Agreement

Matthew L.M. Fletcher

Here is the news coverage.

Eastern Band Establishes Cherokee Identity Protection Committee

Matthew L.M. Fletcher3 Comments

Here. An excerpt:

There are three federally recognized Cherokee tribes in the United States including the Eastern Band of Cherokee Indians (NC), the Cherokee Nation (OK) and the United Keetoowah Band of Cherokee Indians (OK).  According to a list compiled in March by the Cherokee Nation, there are 212 fabricated groups claiming to be Cherokee tribes. “Fraud List” compiled by Cherokee Nation

Some of those groups are from areas thousands of miles from traditional Cherokee territory including the Northwest Cherokee Deer Clan in Oregon.  And, several aren’t even in the United States at all such as the Chewah Cherokee Nation in Manitoba, Canada.

The EBCI Tribal Council passed a resolution – No. 6 (2011) – during annual council on Thursday, Oct. 13 to establish the Cherokee Identity Protection Committee.

“It’s something that we’ve had an ongoing issue with and it’s something that’s important,” said Big Cove Rep. Perry Shell who submitted the resolution passed on Thursday.  “Many times people are taking our identity.” Continue reading →

Iowa Court of Appeals Decides ICWA Notice Case

Matthew L.M. Fletcher

Here is the opinion in In re L.B.-A.D.

An excerpt:

Under the circumstances presented, we find the State has proved by clear and convincing evidence grounds for termination under section 232.116(1)(h). Additionally, we find no error in the juvenile court’s determination that termination of the mother’s parental rights was in the best interests of the children. However, because we determine the court erred in failing to give proper notice to the tribes in which the children could be determined to be “Indian children,” we remand the matter to the juvenile court, which shall give notice of the termination proceedings to the appropriate Indian tribes. See R.E.K.F., 698 N.W.2d at 150. If the tribes fail to respond within the appropriate timeframe or reply and determine the children are not eligible for tribal membership, the juvenile court’s original order of termination will stand. If a tribe responds and intervenes, reversal of the termination and further proceedings consistent with the requirements of the Iowa ICWA will be necessary. We therefore affirm the juvenile court‟s termination ruling on this condition. We do not retain jurisdiction.