tribal courts – Page 5

Fletcher & Singel on the Historical Basis for the Trust Relationship between the US and Indian Children

April 28, 2016April 28, 2016Matthew L.M. Fletcher2 Comments

Fletcher & Singel have posted “Indian Children and the Federal Tribal Trust Relationship” on SSRN.

Here is the abstract:

This article develops the history of the role of Indian children in the formation of the federal-tribal trust relationship and comes as constitutional challenges to the Indian Child Welfare Act (ICWA) are now pending. We conclude the historical record demonstrates the core of the federal-tribal trust relationship is the welfare of Indian children and their relationship to Indian nations. The challenges to ICWA are based on legally and historically false assumptions about federal and state powers in relation to Indian children and the federal government’s trust relationship with Indian children.

Indian children have been a focus of federal Indian affairs at least since the Framing of the Constitution. The Founding Generation initially used Indian children as military and diplomatic pawns, and later undertook a duty of protection to Indian nations and, especially, Indian children. Dozens of Indian treaties memorialize and implement the federal government’s duty to Indian children. Sadly, the United States then catastrophically distorted that duty of protection by deviating from its constitution-based obligations well into the 20th century. It was during this Coercive Period that federal Indian law and policy largely became unmoored from the constitution.

The modern duty of protection, now characterized as a federal general trust relationship, is manifested in federal statutes such as ICWA and various self-determination acts that return self-governance to tribes and acknowledge the United States’ duty of protection to Indian children. The federal duty of protection of internal tribal sovereignty, which has been strongly linked to the welfare of Indian children since the Founding, is now as closely realized as it ever has been throughout American history. In the Self-Determination Era, modern federal laws, including ICWA, constitute a return of federal Indian law and policy to constitutional fidelity.

Sault Tribe RFP for Appellate Judge

April 12, 2016Matthew L.M. Fletcher

REQUEST FOR PROPOSALS

The Sault Ste. Marie Tribe of Chippewa Indians seeks qualified licensed attorneys and/or non-attorneys for the position of Appellate Judge in the Sault Ste. Marie Chippewa Tribal Appellate Court. The Appellate Court has the following vacancies to fill:

Licensed attorney positions –(active & reserve)
Elder position (active & reserve)

The Appellate Court meets monthly. Oral argument is held in Sault Ste. Marie, MI.

Appeals filed vary from year to year, but typically can be anywhere from 1 – 4 per year.

These positions include a $200 per month stipend (if not employed by the tribe). Licensed attorney positions are also paid at the rate of $150 per hour with a maximum billing of $5,000 per year.

Qualifications for Licensed Attorney positions include:

Must be a member of the Sault Ste. Marie Tribe of Chippewa Indians
Must be a member in good standing with the State Bar of Michigan

Qualifications for Elder (attorney or non-Attorney) position include:

Must be a member of the Sault Ste. Marie Tribe of Chippewa Indians
Must be age 60 or older
If an attorney, must be a member in good standing with the State Bar of Michigan

To further be considered for these positions, Applicants should be able to demonstrate that they have:

Substantial education and experience working with Tribal, State and Federal law
Extensive knowledge in juvenile, criminal and child welfare proceedings
Knowledge and understanding of the history and traditions of the Sault Tribe

A letter of interest, resume, and application should be submitted to:

Sault Ste. Marie Chippewa Tribal Court Continue reading →

Ed Gehres Dollar General Post-Argument Analysis

December 9, 2015Matthew L.M. Fletcher

Here is “Argument analysis: Is tribal court civil jurisdiction over non-Indians truly a constitutional issue, or one of settled precedent?”

The best line (from a very good analysis):

The outcome of this case is tough to call after the argument. It looks to be a case that may be decided on a tight vote. But one thing is absolutely certain. Regardless of the outcome, sophisticated tribes and businesses will spend increasing amounts of energy at the bargaining table fashioning partnerships where consents to applicable law and forum are clear and express.

Ned Blackhawk NYTs Op-Ed on Dollar General

November 25, 2015Matthew L.M. Fletcher

Here is “The Struggle for Justice on Tribal Lands.”

Navajo Nation Sues to Stop State Court Jurisdiction over Personal Injury Lawsuits Arising at Navajo Casinos

September 14, 2015August 5, 2016Matthew L.M. Fletcher1 Comment

Here is the complaint in Navajo Nation v. Marsh (D. N.M.):

1 Complaint

Edit: Amended Complaint

Turtle Talk Poll — The Enduring Legacy/Aftermath of Santa Clara Pueblo v. Martinez

August 28, 2015August 28, 2015Matthew L.M. Fletcher1 Comment

Santa Clara Pueblo v. Martinez is patently one of the two or three most important and perhaps controversial Supreme Court decisions affecting Indian nations and Indian people. In light of Steve Russell’s four part ICT series, we wonder what Turtle Talk readers think about Martinez.

As we think of them, we may add a question or two.

Update – here’s one!

TLPI 4th Annual Healing to Wellness Court Enhancement Training, Sept. 8-10

July 23, 2015Kate Fort

Here.

Among many other presenters, Fort & Vicaire will be talking about tribal veterans courts, family law, and (you guessed it) ICWA.

Basic Court Clerk Certification August 19-21, 2015

June 30, 2015June 30, 2015Matthew L.M. Fletcher

SAVE THE DATE

* August 19 – 21, 2015

Radisson By Mall of America in Bloomington, Minnesota

This Basic Clerk Training is a certification that will provide court clerks with the basic skills to use in their role within the tribal court.

Registration is now open, apply early as scholarships are limited.

For more information & updates on this event please visit our website http://law.und.edu/tji/

Contact Lynnette Morin if you have any questions at 701-777-6306 or email lynnette.morin@law.und.edu

Hotel information: Radisson by Mall of America, Bloomington, MN

We are finalizing the rooming block and that information will

be forwarded to you.

This project was supported by Grant No. 2011-IC-BX-KO36 awarded by the Bureau of Justice Assistance (BJA).The Bureau of Justice Assistances
a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, the Community Capacity Development Office, and the Office of Sex Offender Sentencing, Monitoring, Apprehending. Registering and Tracking. Points of View or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

NAICJA Tribal Trial Skills Training, May 22-23

May 19, 2015Kate Fort

NAICJA has some spots available for a free Tribal Trial Skills Training on May 22-23, 2015 in Albuquerque, NM. Interested tribal advocates or attorneys need to contact Nikki Borchardt Campbell at nikki@naicja.org for more information and to register. NAICJA will register remaining participants on a first-come-first-served basis.

Tribal Trial Skills DRAFT Training Agenda