Here:
Cert petition is here.
Muscogee (Creek) Nation
Unpublished QEW Opinion out of Texas Court of Appeals
Here.
This is the second time recently a well-reasoned QEW case has been unreported, which means it can’t be used as precedent. The first was in Washington. In re K.S., 199 Wash.App. 1034 (2017). This one is out of the Texas Court of Appeals.
First, because I’ve been getting a lot of emails lately about foster parent issues, here are the witnesses who testified:
Only three witnesses testified at the termination hearing: S.P., R.C.P.’s foster parent, and Glendalys Mojica Gonzalez, the caseworker assigned to the case. The Department did not designate or proffer any of the witnesses as an expert, and the trial court did not make any rulings or findings regarding expert witnesses.
The Court then analyses the 2015 Guidelines (which it appears would have been governing this case since it was started in October 2016, i.e. initiated prior to December, 2016. 25 CFR 23.143) and concludes none of those people are QEWs.
The failure of the Department to produce the kind of competent evidence expressly required under the Act to support termination constitutes a failure of proof. See City of Keller,
168 S.W.3d at 812 (“[W]hen expert testimony is required, lay evidence . . . is legally insufficient.”); see also Martin v. State, 222 S.W.3d 532, 537 (Tex. App.—Houston [14th Dist.] 2007, pet. denied) (reversing involuntary-commitment order as unsupported by legally sufficient evidence where State
failed to introduce expert testimony as required by involuntary-commitment statute). Therefore, even viewing all of the evidence in the light most favorable to the verdict, because the record does not contain the statutorily required qualified-expert testimony, we conclude that the evidence is legally insufficient to meet the standard of proof under section 1912(f). See Jackson, 443 U.S. at 319; see also In re V.L.R., 507 S.W.3d at 796–97 (reversing judgment terminating parental rights because not supported by testimony of qualified expert witness as required under ICWA); Doty-Jabbaar, 19 S.W.3d at 877 (same).
Royal v. Murphy Cert Petition (Death Penalty & Muscogee Reservation Boundaries)
Here:
Question presented:
Whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an “Indian reservation” today under 18 U.S.C. § 1151(a).
Lower court materials here.
UPDATE:
Environmental Federation Of Oklahoma Inc Amicus Brief
Tenth Circuit Issues Slightly Modified Opinion in Murphy v. Royal, Denies En Banc Petition
Here is the order with the corrected opinion, and an opinion concurring in the denial of en banc review from Judge Tymkovich:
Order Denying En Banc Petition
En banc petition stage materials here.
Panel materials here.
Tenth Circuit Materials re: Oklahoma’s En Banc Petition in Murphy v. Royal
Here are the primary briefs:
2017 09 21 petition for rehearing
2017 10 10 u.s. amicus in support of petition
appellant’s resp to en banc pet
muscogee (creek) nation amicus brief in opposition to en banc pet
Here are additional briefs
amicus mtn ok oil and gas et al
motion by ok independent petroleum assn to file amicus brief
ok municipal league mtn to file amicus
united keetoowah band amicus resp to en banc pet
Panel materials here.
Federal Court Dismisses Kialegee Tribal Town v. Dillinger for Lack of Federal Question
Here are the materials in Kialegee Tribal Town v. Dellinger (N.D. Okla.):
an excerpt:
The Court finds that it lacks subject matter jurisdiction over this case because plaintiffs have not shown in their complaint that the Court would be required to resolve a substantial and disputed question of federal law. Plaintiffs’ complaint identifies an issue of federal law concerning the enforcement of IGRA by an Indian tribe, but plaintiffs have not adequately alleged facts supporting even an inference that the MCN was seeking to enforce IGRA. Dellinger’s letter strongly supports the conclusion that the MCN was seeking to enforce its own laws when it took possession of the Bruner allotment. The law is clearly established that federal courts lack the authority to resolve disputes over tribal law, and such disputes fall exclusively within the jurisdiction of tribal courts. Attorney’s Process & Investigation Servs., Inc. v. Sac & Fox Tribe of Mississippi in Iowa, 609 F.3d 927, 943 (8th Cir. 2010); Wheeler v. United States Dep’t of Interior, Bureau of Indian Affairs, 811 F.2d 549, 551-52 (10th Cir. 1987). The Court lacks jurisdiction to hear matters solely concerning the interpretation of tribal law, and plaintiffs must litigate their case in tribal court to the extent that plaintiffs’ contest the enforcement of tribal gaming laws. As the parties seeking to invoke the jurisdiction of this court, plaintiffs bear the burden to establish that “federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal law.” Franchise Tax Bd. of State of California, 463 U.S. at 27-28. Plaintiffs have failed to meet their burden, and this case should be dismissed.
Kialegee Tribal Town Sues DOI Over Jurisdiction After Muscogee (Creek) Nation Raid
Links: Tulsa World coverage
Download(PDF) complaint in the matter of Kialegee Tribal Town v. Zinke et al, 17-cv-01670 (D.C. Circuit August 17, 2017): Doc. 1 – Complaint for Declaratory and Injunctive Relief
Kialegee Tribal Town is arguing the precedence of last week’s Murphy v. Royal like Cherokee Nation is in McKesson v. Hembree.
Tenth Circuit Briefs in Alabama-Quassarte Tribal Town v. United States
Statement on the First National Day of Awareness for Missing and Murdered Native Women and Girls
Statement from the National Indigenous Women’s Resource Center, Link Here
The current reports of abduction and murder of American Indian women and girls are alarming and represent one of the most severe aspects of the spectrum of violence committed against Native women. The murder rate of Native women is more than ten times the national average. Often, these disappearances or murders are connected to crimes of domestic violence, sexual assault, and sex trafficking.
The NIWRC recognizes that before this crisis will be sufficiently addressed it must first be acknowledged. This past year, over 200 tribal, state and national organizations joined with NIWRC and signed on in support of a resolution to create a National Day of Awareness for Missing and Murdered Native Women and Girls. The Montana delegation Senator Steve Daines, Senator Jon Tester, and then Congressman Ryan Zinke introduced the resolution in memory of Hanna Harris, a Northern Cheyenne tribal member, who was murdered in July 2013. The resolution was introduced in April 2016 on the same day that RoyLynn Rides Horse, a Crow tribal member, passed away after having been beaten, burned, and left in a field to die. This past Wednesday, May 3, 2017, the United States took a historic step forward and passed the Senate resolution #60 by unanimous consent.
The NIWRC was honored to have worked with so many sister organizations at the tribal, state and federal levels to see the passage of this historic resolution. Today, May 5th 2017, organized community actions are taking place across tribal nations in honor of missing and murdered Native women and girls. The national office of NIWRC is honored to walk with Melinda Harris, mother of Hanna Harris, Senator Steve Daines, staff of Senator Jon Tester and so many others at a walk organized at Lame Deer, Montana. Tribal actions are being held at the Muscogee Creek Nation, the Mohawk Nation, the Oglala Sioux Indian Nation, the Northern Cheyenne Indian Nation, and many other locations.
We ask all of those concerned about safety and justice for American Indian, Alaska Native, and Native Hawaiian women to join together today to honor Native American women and girls who have disappeared and those who have been murdered. Together we can work to bring an end to this crisis endangering not only Indigenous women and girls but Indian nations.
The NIWRC is committed to organizing to increase safety and access to justice for American Indian and Alaska Native women and girls, to bringing awareness to this critical issue, and to preventing future acts of violence in our Nations.
Lucy Simpson
Executive Director, NIWRC
Cherrah Giles
Board Chair, NIWRC
Friday Job Announcements
Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.
Muscogee (Creek) Nation
Assistant Attorney General/Prosecutor in Okmulgee, OK. Will assist in the prosecution of criminal, juvenile and elder cases and matters on behalf of the Muscogee (Creek) Nation (MCN), provide legal advice and counsel to various departments and agencies of the MCN; negotiation, review & drafting of contracts; negotiation & purchase of commercial & individual property for MCN; assists with legal advice & counsel to the Tribal communities; drafting of Tribal legislation, attends tribal committee meetings & provides legal advice to Tribal committees. Perform other duties as assigned by the Attorney General.
Candidate must meet the following requirements: Graduate of an accredited law school; knowledgeable and/or have experience in Federal Indian law; must be able to communicate effectively with the public and handle workload under pressure situations; must be able to work with confidential materials; must be licensed to practice law in any state and must be in good standing with that jurisdiction; must be willing to become licensed to practice law in Oklahoma; must be a member of the Muscogee (Creek) Nation Bar Association or eligible to become a member
Visit our website for more information: www.muscogeenation-nsn.gov
Muscogee (Creek) and Indian Preference
Friends Committee on National Legislation (FCNL)
Congressional Advocate on Native American Policy Fellowship, Washington, D.C. Is the lead staff position for the Native American program and collaborates with communications and strategic advocacy (outreach and organizing) staff. Link: FAQ.
DNA People Legal Services
2017 Summer Law Clerks. DNA is one of the largest Indian legal service organizations in the country, located in northern AZ, northwest NM, and southern UT. We serve clients who live in poverty, with their civil legal needs, such as consumer law, domestic violence, guardianships and other family law, landlord/tenant, employment and public benefits cases. We practice in tribal, state, federal and administrative courts. We have summer law clerk positions (volunteer or Work-Study) available, the internships are 10 weeks long, generally June 1st-August 12th, but we’re flexible.
Ak-Chin Indian Community
Assistant Prosecutor, Maricopa, AZ. $67,028 – $80,433.50 per annum. Minimum Qualifications: Experience equivalent to two years of full time work providing legal counsel in a tribal, local government, or corporate setting, at least one year of trial work is preferred. Federal Indian Law course work or clinical experience in an Indian legal clinic or law school setting will be considered toward the required experience. Must be licensed to practice law in the State of Arizona and possess a Juris Doctorate. Must posses a valid Arizona Driver’s License and be able to meet the Community’s insurance carrier requirements. (see list attached to application or on the website).
Closes Monday, April 17, 2017 at 5:00 p.m. To be considered for this position, please submit a signed and complete Ak-Chin Indian Community application (additional resume optional), 39-month driving record from the Department of Motor Vehicles, a copy of CIB or proof of tribal enrollment if claiming Indian Preference, and a copy of DD214 if claiming Veteran’s preference to: Ak-Chin Indian Community, Attn: Human Resources Department 16-85a, 42507 W. Peters and Nall Rd, Maricopa, AZ 85138, Fax: 520-568-1051, Email: resumes@ak-chin.nsn.us, Website: www.ak-chin.nsn.us
The Rothstein Law Firm
Indian Law Associate, Tempe, AZ. Rothstein Donatelli is accepting applications for an Indian law associate position in its Tempe, Arizona office. The position is for an attorney with a minimum of 2 years of Indian law or general legal experience. Candidates should possess excellent oral and written communication skills. Rothstein Donatelli, with offices in Santa Fe and Albuquerque, NM and Tempe, AZ, focuses its practice on federal Indian law, civil rights, white collar criminal defense, and personal injury. Rothstein Donatelli is committed to advancing the sovereign rights of Native American tribes.
Please send a cover letter, writing samples and resume to Joseph Meserve, Executive Director, P.O. Box 8180, Santa Fe, New Mexico, 87504-8180. E-mail responses may be submitted to jmeserve@rothsteinlaw.com. http://www.rothsteinlaw.com
Hoopa Valley Tribe
Associate Attorney. Seeking attorney interested in working and living in beautiful Humboldt County, CA. J.D. from an ABA-accredited law school and admission to any state bar required; CA license a plus. Three to five years’ experience in federal Indian law or a related field preferred. Litigation experience helpful but not required. Salary DOE with excellent benefits, which may include housing. Email cover letter, resume, writing sample, and three references to hvtota.wilbur@gmail.com.
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