odawa

Inland Treaty Rights on Interlochen Public Radio

Matthew L.M. Fletcher

Interlochen Public Radio has been filing stories on the ongoing story of Inland treaty rights.

Here’s the first report, from September: Sept 9, 2007

IPR interviewed a DNR spokesperson, Frank Ettawageshik (LTBB), and Hank Bailey (GTB).

Here’s a report on the Traverse City DNR Meeting: Oct 19, 2007

IPR recorded comments from the Harris brothers, who believe they somehow have no rights, rights they allege are guaranteed to them by virtue of being “white men.” IPR also interviewed Suzanne McSauby (GTB), Derek Bailey (GTB), and Kelly Smith (DNR), who had a more balanced view.

Little Traverse Bay Bands et al. v. Great Spring Waters & Engler

Matthew L.M. Fletcher

In 2002, the three Michigan Ottawa tribes sued Great Spring Waters & Governor Engler over the State’s granting of rights to take millions of gallons of water from mid-Michigan’s water table — a sweetheart deal if there ever was one. The tribes sued under the Water Resources Development Act of 1986, but there was no cause of action and the district court dismissed the action. The tribes did not appeal.

Here is the motion to dismiss: Motion to Dismiss

Here is the Tribes’ response, plus an exhibit: Response Brief + Exhibits

Here is the reply brief: Reply Brief

Here is the order dismissing the case: Opinion

The tribes chose not to bring claims based on the treaty rights they had established in United States v. Michigan. At some point, we expect tribes to bring treaty claims in the environmental protection context — see our MSU Law Review paper.
There has been a fair amount of scholarly commentary on the case, such as this student note in the Columbia Law Review and this paper in the Vermont Journal of Environmental Law.

The Keno Case

Matthew L.M. Fletcher1 Comment

In State of Michigan v. Little River Band of Ottawa Indians et al., the State is suing LRB and LTBB for violation of the gaming compacts requirement that the tribes share revenue from their gaming operations — LTBB Compact & LRB Compact. The tribes stopped payment when Governor Granholm authorized the state to begin keno at bars and restaurants. Senior District Court Judge Miles granted the State’s motion for summary judgment last April. The appeal to the Sixth Circuit is forthcoming. As those briefs go online, we will upload them here.

Judge Miles’ opinion is here: Opinion and Order

The State’s motion for summary judgment is here: Motion for Summary J

The tribes’ response brief is here: Tribes’ Brief

The State’s reply brief is here: Reply Brief

Mich. Supreme Court Justice Cavanagh Talk: Michigan Indian Judicial Association

Matthew L.M. Fletcher1 Comment

Justice Michael Cavanagh, the Michigan Supreme Court’s liaison with Michigan’s tribal courts, is speaking before the members of the Michigan Indian Judicial Association this morning.

Justice Cavanagh, along with Tribal Judge Michael Petoskey, spearheaded the Court’s adoption of Michigan Court Rule 2.615, extending comity to tribal court judgments.

Justice Cavanagh wrote about the origins of the rule in an article published in the University of Detroit Law Review. Download Justice Cavanagh’s Article.

Tribal courts from numerous tribes appeared at this talk today at the MSU College of Law: Nottawaseppi Huron Band of Potawatomi Indians, Pokagon Band of Potawatomi Indians, Little Traverse Bay Bands of Odawa Indians, Little River Band of Ottawa Indians, Bay Mills Indian Community, Keweenaw Bay Indian Community, Saginaw Chippewa Indian Tribe.

Justice Michael F. Cavanagh

Justice Cavanagh received a bachelor’s degree from the University of Detroit in 1962 and his law degree from the University of Detroit Law School in 1966. He began his career as a law clerk for the Michigan Court of Appeals. In 1967, Justice Cavanagh was hired as an assistant city attorney for the City of Lansing and thereafter was appointed as Lansing City Attorney, serving until 1969. He then became a partner in the Lansing law firm of Farhat, Burns and Story, P.C. In 1971, he was elected judge of the 54-A District Court. Justice Cavanagh was then elected to the Michigan Court of Appeals, where he served from 1975-1982. At that time, he was the youngest person ever elected to the Michigan Court of Appeals. Justice Cavanagh was elected to the state Supreme Court in 1982 and was re-elected in 1990, 1998, and 2006. He served as Chief Justice from 1991-95. Justice Cavanagh’s current term expires January 1, 2015.

The son of a factory worker and a teacher who moved to Detroit from Canada, Justice Cavanagh worked on Great Lakes freighters during the summers to help pay his tuition at the University of Detroit. During his years in law school, he was employed as an insurance claims adjuster and also worked for the Wayne County Friend of the Court as an investigator.

Justice Cavanagh has participated in numerous community and professional activities, including Chairman of the Board of the American Heart Association, Past President of the Incorporated Society of Irish/American Lawyers, Board of Directors of the Thomas M. Cooley Law School, and the Commission on the Future of the University of Detroit Mercy . He is a Member of the Institute of Judicial Administration, New York University Law School. He has served as Vice President of the Conference of Chief Justices, Chair of the National Interbranch Conference of Funding the State Courts, and member of the National Center for State Courts Court Improvement Program. Other appointments include the Michigan Justice Project, Chairman of the Judicial Planning Committee, Michigan Crime Commission, Judicial Coordinating Committee, and Chair of the Sentencing Guidelines Committee. Justice Cavanagh is the Supervising Justice of the Michigan Judicial Institute. Justice Cavanagh was instrumental in the planning, design, construction and eventual completion of the Michigan Hall of Justice. He has served as Supreme Court Liaison, Michigan Indian Tribal Courts/Michigan State Courts since 1990, and has attended many national Indian Law conferences and participated in Federal Bar Association Tribal Court symposiums.

Justice Cavanagh and his wife, Patricia, are the parents of three children, and have two grandsons. The Cavanagh family resides in East Lansing .

Michigan Gaming Compact Revenue Sharing Benefits — LTBB

Matthew L.M. Fletcher

From the Petoskey News Review:

Allied EMS emergency medical technician
Chris Heckman (left) and paramedic Erik Slifka are shown with an ambulance and heart monitor purchased with assistance from the Emmet County Local Revenue Sharing Board.

Revenue-sharing grants have helped Allied acquire seven ambulances as well as assorted equipment for the vehicles through the years. “They’ve been very instrumental in helping us keep our operation going,” said Allied chief executive officer Dave Slifka. (Ryan Bentley/News-Review)
Deciding how the community will share in Little Traverse Bay Bands of Odawa Indians casino proceeds is not a game of chance.

Under its gaming compact with Michigan, the Odawa tribe is required to provide 2 percent of electronic gaming receipts from its Petoskey casino to nearby communities. The Local Revenue Sharing Board, a three-member appointed panel, is responsible for choosing specifically what projects and resources will receive support, reviewing grant applications twice yearly to decide which requests merit awards.

“We’re servants of the public,” said revenue board chairman Les Atchison. “We’re trying to do the best we can in our judgment to see that the money is put to best use. Frankly, we welcome the suggestions of those who appoint us.”

From its inception in 2000 through the end of 2006, the board awarded about $6 million in grants funded with casino proceeds. Since the tribe’s casino site is in federal trust status and not subject to property taxes, the board paid an additional $540,000 to local governments during those years to make up for tax revenue they would have received if the property was on the tax rolls.

H.R. 2837: Indian Tribal Federal Recognition Administrative Procedures Act

Matthew L.M. Fletcher

Here’s the full text of the bill.

And here’s the link to the testimony in the House Resources Committee on October 3, 2007.

Jim Keedy of Michigan Indian Legal Services testified. As Jim notes in his testimony, MILS has assisted numerous Michigan tribes in their federal recognition efforts, including Pokagon Band, Little Traverse, Little River, Lac Vieux Desert — and Grand Traverse Band, the first tribe recognized under the Federal Acknowledgment Process, 25 C.F.R. Part 83 (then Part 54). MILS is now representing the Grand River Band of Ottawa Indians in their attempt to become federally recognized. Their petition is complete, but as Jim Keedy testified, it will be 15-20 years before the Bureau of Acknowledgment and Research will place their file on active review.

Profiling Frank Ettawageshik — Indigenous Law Conference Keynote Speaker

Matthew L.M. Fletcher1 Comment

The Petoskey News Review has published a nice profile of Frank Ettawageshik, the chairman of the Little Traverse Bay Bands of Odawa Indians. An excerpt:

 Ettawageshik is known for his efforts locally and nationally. He has testified nationally before a house committee in Washington, D.C., on aquatic invasive species. In 2006, he testified in front of a senate committee, requesting funding for the implementation of the strategic plan for the restoration and conservation of the Great Lakes.

Ettawageshik also led 140 tribes and Canadian First Nations to sign the historic Tribal and First National Great Lakes Water Accord, urging Canadian provincial and Great Lakes state governments with boundaries on the Great Lakes to prevent diversion of the waters.

Ettawageshik said he was humbled by the honor but more work needs to be done.

“People look around and see so much water and they don’t understand how fragile our Great Lakes ecosystem is,” Ettawageshik said. “ I have tried to sum up what were doing. The answers that came to me is if it’s harmful don’t do it and if we’re already doing it stop and if we’ve already made a problem clean it up.”

Frank will be our keynote speaker at this year’s conference, “American Indian Law & Literature.”

Holy Childhood Oral Histories

Matthew L.M. Fletcher44 Comments

Here and here are two audio links from recent interviews with survivors of the Holy Childhood boarding school in Harbor Springs, Michigan.

From Interlochen Public Radio:

Keeping the history of Holy Childhood

Linda Stephan

HARBOR SPRINGS 2007-09-28

 

A Michigan historic site in Harbor Springs is expected to be demolished next month despite a last-minute effort to save the building. It was built in 1913 to house an Indian Boarding School run by the Catholic Church.

The church owns the building, but members of tribes all over Michigan, and even beyond, have some claim to its history.

Plans for the new building have been in the works for years. But this summer the impending demolition dug up old wounds for some former students, and while some welcomed the wrecking ball, others felt the building’s demise would also erase the building’s history.

IPR’s Linda Stephan visited Harbor Springs, and filed this report.

Michigan Indian Day — Tribal Courts Panel

Matthew L.M. Fletcher

Prof. Wenona Singel has organized a panel of tribal court judges for this year’s Michigan Indian Day at MSU’s Kellogg Center (happening today!). The panel is titled, “Developing Tribal Courts in Harmony with Culture & Tradition.”

The panel includes the female judges sitting on the Little Traverse Bay Bands of Odawa Indians judiciary. The panel includes Chief Judge JoAnne Gasco (GTB), Associate Judge Jenny Kronk (SSM), and Appellate Justice Rita Shephard (LTBB). Prof. Singel is also the chief appellate justice and an LTBB member and she will be moderating this panel.