Minn. Public Radio on Leech Lake/Cass County Wellness Court

Here. From Pechanga.

An excerpt:

Some Leech Lake tribal leaders were suspicious when asked to help create the wellness court back in 2006. The tribe is sometimes at odds with the state, and band leaders are protective of their sovereignty.

But the tribe came to realize that participating in the program gave tribal judges the chance — for the first time ever — to sit in a courtroom with county judges as equals. It gave the tribe a direct say in the outcome of cases involving band members.

The Leech Lake tribe has a lot at stake. By some estimates, as many as 60 percent of the reservation’s tribal residents struggle with drug and alcohol addictions. It’s a problem that touches nearly every family.

In Cass County, Ojibwe people make up about 12 percent of the population, but they typically account for close to half of the county jail population. They’re over-represented in the state corrections system, too, and they’re more likely to reoffend and get sent back to prison.

Korey Wahwassuck is an associate judge for the Leech Lake Band. In wellness court, she shares the bench with her counterparts from Itasca and Cass counties. Wahwassuck says the program is a way to heal people rather than lock them up.

Leech Lake Appeals Court Affirms Order for a New Election

Here is that order:

LL App Ct Election Order 8-4-11

And we posted the trial court order here.

Minnesota Court Vacates Transfer of ICWA Case to Tribal Court

Here is the opinion in In re Welfare of R.A.J., in which the Minnesota Court of Appeals affirmed a trial court’s vacature of its own order to transfer a case to tribal court. The state court had denied efforts by the Leech Lake Band to transfer the case to tribal court, only transferring the case when the tribe agreed to certain conditions. We wonder whether a state court can place conditions outside of the scope of ICWA in order to agree to transfer a case to tribal court, a case it probably should transfer in the first place. We also wonder how a state court can re-acquire jurisdiction under ICWA without tribal consent.

The court’s syllabus:

The district court had jurisdiction to vacate its order transferring a child-welfare proceeding to tribal court before tribal court proceedings commenced, when the district court found that “misrepresentations were intentionally and wrongfully advanced [to the district court] to gain [its] agreement to transfer” the proceeding.

And an excerpt detailing the “misrepresentations” leading to the vacature of the court’s transfer:

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