On April 20, 2012 the 9th Circuit Court of Appeals issued a decision in the Rincon Mushroom Farm of America (RMFA) v. Mazzetti et.al. finding that the Rincon Band of Luiseño Indians (Tribe) could not regulate the activities of RMFA, a non-Indian corporation who has fee lands within the Rincon Reservation.   Because the Tribe was found to lack jurisdiction over RMFA, RMFA were not required to exhaust their tribal court or administrative remedies to determine the Tribe’s jurisdiction over it.  For further details regarding the case see the attached letter from the Rincon Tribe to Tribal Leaders.

The Rincon Tribe is requesting a rehearing of the case before a full panel of 9th Circuit Court of Appeals.  The Pala Band of Mission Indians, and the Santa Ynez Band of Chumash Indians are preparing  an amicus brief (“friend of the court”) supporting the Tribe’s request for a rehearing. 

This decision will have substantial impact on every tribe in the 9th Circuit that have:
1.  Non-Indian fees lands on their reservation; and/or
2.  Tribes that operate a Tribal Court; and/or
3.  Tribes that have non-Indians that reside or visit their reservation.

The Amicus Brief Must be Filed on May 21, 2012
                        
CILS is asking all California tribes to join the amicus brief or to submit a brief of their own.  If you want to join the amicus brief Pala and Santa Ynez are preparing you will need to:
1.  Authorize your tribe’s attorney to sign the brief on behalf of your tribe; or
2.  Authorize CILS to sign the brief on behalf of the tribe.  You do not need to be an existing client of CILS to authorize us to sign the brief your behalf. 

Attached: Rincon Request for Support - Letter from Chairman Bo Mazzetti re Why your Tribe should sign on to the Tribal Amici Brief in RMCA v Mazzetti and Amicus Brief Coordination Procedures.

Please contact Dorothy Alther ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) or Mark Vezzola ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) or at 760-746-8941 or your local CILS office. 

Click here for a .pdf version of this Alert.

CILS is proud to announce our 45th Gala Celebration Plans

Please visit our Gala page for details about our October 24, 2012 Anniversary Gala.  This year marks nearly a half century of CILS' service to Native communities in California.  The Gala promises to include a reception, auction, California cuisine and a California Native band. We are pleased to say that a growing number of tribes, along with the National Congress of American Indians (NCAI), are generously helping to sponsor this event.  Our special thanks to Pechanga Band of Luiseño Indians, San Pasqual Band of Diegueno Mission Indians of California, Redding Rancheria and Sycuan Band of the Kumeyaay Nation.
     

Tribal Alert: Thanks to the CILS I-CAN!™ E-File Partnership: 2011 Federal and State Income Tax Returns Surpass 2010 Amounts

Tax refunds totaling $349,859 were returned to over 215 low-income individuals thanks to CALIFORNIA INDIAN LEGAL SERVICES’  ICAN!™ E-FILE partnership with LEGAL AID SOCIETY OF ORANGE COUNTY. 

Partnering with I-CAN!^TM E-FILE allows CILS to assist you prepare individual federal and state income tax returns free of charge.  The program ensures that many of the special income tax issues facing Indian taxpayers are addressed.

2010 tax return refunds totaled $319, 506.  Each year more and more money is returned to taxpayers.  Keep CILS in mind for your 2012 tax return next year!

Download a .pdf copy of this Tribal Alert.

“I was with CILS when the first ICAN partnership was formed in 2004.  Eight years later I am privileged  to have coordinated the program for the past four years.  The amount of money returned to our community increases each year, this year by over $30,000!  Special thanks also goes to our ICAN Advocates who help us make this program so accessible.” – Angela Medrano, Escondido Staff Attorney

Tribe Sues University for Human Remains

[Reprinted from Courthouse News Service article by Matt Reynolds posted Tuesday, April 17, 2012]

Twelve Indian tribes, known as the Kumeyaay, sued The University of California in Federal Court, seeking repatriation of 9,000-year-old human remains excavated from the school's San Diego campus in 1976...The tribes say they have sought repatriation of the remains for more than 20 years.  During that time, the complaint states, the human remains were held at UCLA and The University of California, San Diego campus, where they have stayed since 2008...The tribes are represented by Dorothy Alther with California Indian Legal Service of Escondido. They seek an injunction against the university. Read the Full Story.