Washington Appellate Briefs in Yakama Member’s Challenge to State Court Jurisdiction over Crime on Quinault Land

Here are the briefs in State v. Shale (Wash. App.):

446545-Appellant’s Brief

446545-Respondent’s Brief

UPDATE (additional briefs):

Appellant’s Supplemental Brief

State’s Response to Appellant’s Supplemental Brief

Appellant’s Supplemental Reply Brief

Prosecuting Attorneys Amicus Brief

Appellant’s Response to Amicus

WAPA Supplemental Brief

Washington AG Amicus Brief

Yakama Office of Legal Counsel Seeks Director

Job Posting – Director of Yakama Nation Office of Legal Counsel

The Confederated Tribes and Bands of the Yakama Nation is seeking a Director for the Office of Legal Counsel to serve as the lead counsel to the Yakama Nation Tribal Council, the Yakama Nation government as a whole, including all departments and programs, and the Yakama Nation enterprises. 

To APPLY for the Director Position within the Yakama Nation Office of Legal Counsel, interested applicants should submit an updated Resume, Cover letter, 5-7 page written sample, Transcripts, applicable State Bar Number, and listing of References. Interested applicants must submit above listed materials, including Yakama Nation Human Resources Job Application, to the Yakama Nation ATTN: Human Resources with a courtesy electronic copy sent to jobs@yakamanation-olc.org.  See the attached Job Listing Announcement.  

Here:

2014-127 Director -Office of Legal Counsel

 

Time Magazine Article on Impact on Tribes of Liberalized Marijuana Laws in Colorado and Washington

Here.

Federal Court Dismisses Indian Child Welfare-Related Habeas Petition arising from Yakama

Here are the materials in George v. Superior Court (E.D. Wash.):

35 Fox Motion to Dismiss

39 DCt Order Dismissing Claims

An excerpt:

Here, the three elements for abstention are met. The underlying Superior Court proceedings are ongoing and it is generally recognized that family relations are a traditional area of state concern. Moore v. Sims, 442 U.S. 415, 435, 99 S.Ct. 2371, 60 L.Ed.2d 994 (1979); H.C. ex rel. Gordon, 203 F.3d at 613. The Superior Court had apparent concurrent personal jurisdiction over the parties with the Tribal Court and has jurisdiction to determine the legal affect of the Tribal Court proceedings, its own jurisdiction, and to consider deferring to the Tribal Court if it finds it appropriate. See Wash. Rev.Code 37.12.010; Maxa v. Yakima Petroleum, Inc., 83 Wash.App. 763, 767, 924 P.2d 372 (1996); Confederated Tribes of the Colville Reservation v. Superior Court of Okanogan County, 945 F.2d 1138, 1140, n. 4 (9th Cir.1991) (noting that Pub.L. 280 did not divest Tribal Courts of concurrent jurisdiction over child custody matters). The children were residing off-reservation in Spokane County for at least six months consecutive prior to when the custody petitions were filed, and it appears the children may have been domiciled on Yakama Nation land for at least a day when Plaintiff’s custody petition was filed in Tribal Court. Finally, both parties availed themselves of the child custody proceedings held in the respective courts. Defendant participated in the Tribal Court proceedings, and Plaintiff participated in the Superior Court proceedings. Thus, Plaintiff has an adequate forum in which to assert her federal claims. At this point, extraordinary circumstances do not exist that would require the Court to refrain from abstaining in this matter.

 

Washington Supreme Court Decides Water Rights Case Involving Yakama Indian Nation

Here is the opinion in Dept. of Ecology v. Acquavella:

Wash SCT Opinion

And the briefs are here:

Hanford Nuclear Site Leaks and Possible Environmental Impacts

AP story is here.

An article about the history of the site and its proximity (and potential danger) to the Columbia River is here.

Finally, here is an article from two years ago, which discusses the results of the contamination and the Yakama Nation’s repeated attempts to get the U.S. government to acknowledge the problem.

Coal Export Project Delayed After Agency Failed to Properly Inform Yakama Nation

Story from the Oregonian is here. An excerpt

Oregon’s Department of State Lands, which had planned to decide on the company’s permit by Dec. 12 has delayed a decision until April 1, said Charles Redon, a resource coordinator for the agency.

DSL is opening a third public comment period on the Ambre’s Morrow Pacific  project, which would bring coal by train from Montana or Wyoming, unload and store it at a new terminal at the Port of Morrow, then ship the coal by barge to a Port of St. Helens dock for export. The new comment period will run from Dec. 1 to Dec. 31.

The agency neglected to properly notify the Yakama Nation about the project, Redon said. The Yakama and other Northwest tribes have raised significant concerns about five proposals for terminals to export coal from the Northwest.

Information Meetings here.

More about coal exporting in the Pacific Northwest is at Northwest Public Radio here.

Previous post on the subject is here.

House Resources Committee Hearing on Per Capita Act and Federal Treatment of Trust Per Capita Distributions

Here:

OPENING STATEMENT:

The Honorable Don Young
Chairman

The Honorable Doc Hastings
Full Committee Chairman

WITNESSES AND TESTIMONY:

Panel I

Christy J. Jacobs
Director, Office of Indian Tribal Governments
Internal Revenue Service
U.S. Department of the Treasury

The Honorable Athena Sanchey Yallup
Executive Secretary
The Confederated Tribes and Bands of the Yakama Nation

The Honorable Ron Suppah
Vice-Chairman
Tribal Council of the Confederated Tribes of the
Warm Springs Reservation of Oregon

The Honorable John E. Sirois
Chairman
The Confederated Tribes of the Colville Reservation

Yakama Indian Nation Press Release and Materials on Federal Taxation of Tribal Trust Resources

Here:

YN Press Release re IRS Audit of Per Capitas

Media Background Statement

Exec Sec Written Tstmny to Sen Affr Commte re IRS Audit

Yakama Nation Chair on Hate Crime Perpetrated on Lakota Elder

Here.