Federal Court Affirms Some 638 Contract Denials re: Northern Arapaho Tribe, Remands Others

Here are the materials in Northern Arapaho Tribe v. Lacounte (D. Mont.):

131 NAT Motion for Summary Judgment

140 US Cross Motion

146 NAT Reply

149 US Reply

175 DCT Order

An excerpt:

The Court affirms the BIA’s declinations of NAT’s second and third judicial services proposals, wildlife resources management proposal, and water resources management proposal. The Court reverses the BIA’s declination of NAT’s youth court proposal, to the extent that the declination improperly relied upon post-hoc justifications, and NAT’s first judicial services proposal. We remand these proposals to the BIA for reconsideration.

Prior posts here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts, trust relationship | Tagged , , , | Leave a comment

Arizona COA Vacates Gila River Member’s Conviction for Crime Committed Entirely On-Rez, Affirms Conviction for Fleeing Police

Here is the unpublished opinion in State v. Carpio (Ariz. Ct. App.):

State v Carpio

An excerpt:

Manuel Carpio appeals his convictions and sentences for one count of disorderly conduct and one count of unlawful flight from a law enforcement vehicle. Carpio, a member of the Gila River Indian Community (the Community), argues the superior court did not have subject matter jurisdiction over the disorderly conduct offense because he committed it entirely within the Gila River Indian Reservation (the Reservation). He also argues the superior court did not have personal jurisdiction because he was removed from the Reservation in violation of tribal extradition procedures after he was pursued onto the Reservation following a “hot pursuit” that began in the City of Chandler (the City). For the following reasons, we vacate Carpio’s conviction and sentence for disorderly conduct and affirm his conviction and sentence for unlawful flight from a law enforcement vehicle.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , | Leave a comment

Final Version of Fletcher & Singel’s “Indian Children and the Federal-Tribal Trust Relationship” Now Available

Fletcher and Singel will published “Indian Children and the Federal-Tribal Trust Relationship” in the Nebraska Law Review.

Posted in Author: Matthew L.M. Fletcher, Author: Wenona T. Singel, Child Welfare, ICWA, legal history, Michigan Indian, Scholarship | Tagged , , | Leave a comment

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.

Echo Hawk & Olsen, PLLC

Associate, Indian law practice group. A small firm based in Idaho with a regional Indian law practice (Idaho, Utah, Nevada, Wyoming, Arizona) dedicated to representing Native American interests is recruiting an Associate.  The Associate will work closely with Mark Echo Hawk in representing multiple tribes on matters involving federal Indian law, tribal law, litigation, ISDEAA matters, treaty rights, jurisdiction, taxation, TERO, economic development, etc.  Preferably the candidate has at least one year of experience practicing Indian law.  Interested applicants should send the following a cover letter, resume, transcript, and writing sample to Mark Echo Hawk at mark@echohawk.com no later than June 30, 2017.

Blackfeet Tribe

In House Staff-Attorney. Will represent the Tribe in administrative and civil litigation proceedings in federal, state and tribal forums. Primarily responsible for general litigation matters, employment relations, legislative advocacy, and assisting tribal programs.  It is preferred that an applicant have at least five (5) years experience in the practice of law.  The applicant must be licensed in the State of Montana and produce a Certificate of Good Standing with the Montana State Bar. The applicant should have demonstrated interest and knowledge of federal Indian Law, administrative law, and trial advocacy.  The position requires personal integrity and the ability to produce timely and accurate written work.  Salary will be negotiable.  Applicant must submit to a criminal background check and pass a pre-employment drug screen.

Please send a resume, three (3) references, and a short writing sample to Blackfeet Legal Department, P.O. Box 849, Browning, MT, 59417-7777 or email blackfeetlegal@gmail.com.  The position will remain open until filled.  If you have questions or need further information, please contact the Blackfeet Legal Department at (406) 338-7777.

Previous Friday Jobs Announcement:6/16/17

Posted in Author: Sarah Donnelly, jobs | Tagged , | Leave a comment

WaPo Commentary on New Indian Country Energy Guy at DOE

Here is “‘How else can a Kenyan creampuff get ahead?’ is just one of the disturbing tweets sent by this Trump Energy Department agency head.”

Posted in Author: Matthew L.M. Fletcher, News | Tagged | Leave a comment

Oil will keep flowing through the Dakota Access Pipeline — for now.

From Grist.org:

At a Wednesday hearing, U.S. District Court Judge James Boasberg established a summer timeline for the Standing Rock Sioux and the Cheyenne River Sioux to submit arguments that the pipeline should be shut down while additional environmental review takes place.

HERE.

Posted in Research | Leave a comment

ICWA Qualified Expert Witness Case out of Kansas Court of Appeals

Here. This case has a lot of problems, but the biggest one is the lack of a qualified expert witness at the adjudication phase. The court describes child welfare proceedings as falling into two phases:

Proceedings that end in termination of parental rights in Kansas have two major phases. First, there’s an adjudication, after stipulations or an evidentiary hearing, that the child is in need of care. Second, if termination of parental rights is ultimately sought, there’s a termination order, also after stipulations or an evidentiary hearing. Because no expert testimony was presented in this case at the adjudication hearing, Mother and Father claim that the district court should have dismissed the action at that time.

While all the parties agreed that the adjudication hearing was a 1912 hearing that required QEW testimony, the court still found the lack of QEW testimony at the foster care placement hearing (1912) to be harmless error (that sound you just heard is ICWA attorneys across the country screaming in frustration).

This is pretty troubling, as under federal law, the QEW testimony has to happen at two stages in an ICWA proceeding–a foster care proceeding, and a termination of parental rights. Forcing the State to get QEW testimony is one of the parent’s main rights under the Act, and the legislative history makes pretty clear the QEW testimony is one of the primary ways Congress sought to counter bias in state court proceedings. In addition, as the Kansas court of appeals points out:

So the M.F. [Kansas Supreme] court stated in passing that “it is difficult to conclude a procedural violation of [the Indian Child Welfare Act] can be harmless.” M.F., 290 Kan. at 157 (citing 25 U.S.C. § 1914).

Right. In that case, In re M.F., the Kansas Supreme Court specifically held that a lack of QEW testimony is not harmless error. The Kansas court of appeals cites to a number of pre-In re M.F. decisions, plus the fact there was QEW testimony as the termination of parental rights hearing, to find that it can apply a harmless error standard here.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | Leave a comment

Indigenous Law Journal Call for Papers

Here:

Indigenous Law Journal – Call For Submissions!

Please download our Call for Submissions!

Deadline: September 1, 2017

Please contact the Submissions Manager prior to making an oral submission, or to submit written work: submissions.ilj@utoronto.ca

If someone you know would like to receive future calls for submissions, please signup here (link)! You may unsubscribe from our list using the link at the bottom of this email.

Sincerely,

Ben Hanff, Josh Favel, Catherine Ma
Editors-in-Chief
The Indigenous Law Journal

Posted in Author: Matthew L.M. Fletcher, Call for Papers, Canada | Tagged , | Leave a comment

NYTs: “A Lost Art in the Arctic: Igloo Making”

Here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, News | Leave a comment

Ninth Circuit Affirms Dismissal of Tort Claim against Rocky Boy’s

Here is the unpublished opinion in Eagleman v. Rocky Boy’s Chippewa-Cree Business Committee or Council.

Briefs here.

Lower court materials here.

Oral argument video here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , | Leave a comment