Bishop Paiute Tribe Case Against Inyo County, the Inyo County Sheriff and District Attorney is Dismissed

On July 13, 2015 District Court Judge Burrell Jr. dismissed the Bishop Paiute Tribe case against Inyo County, the Inyo County Sheriff and District Attorney for lack of jurisdiction. The Tribe’s law suit was filed after a tribal law enforcement officer was arrested and criminally charged for restraining and detaining, on December 24, 2014, a non-Indian on the reservation who was in violation of both a tribal and state domestic violence protection by being at the home of her estranged tribal member husband. The Tribe’s law suit sought Declaratory and Injunctive Relief against the County and County officials re-affirming tribal inherent authority to stop, restrain, detain, and investigate violations of tribal, state, and federal law and to turn over non-Indians violators to proper law enforcement authorities.

The District Court’s dismissal does not address the merits of the Tribe’s law suit, but instead basis its dismissal on procedural grounds. The Court found that the Tribe’s January 2015 response to Inyo County Sheriff’s “Cease and Desist” Order removed the controversy between the parties, leaving the Court without jurisdiction to proceed with the case. The Tribe’s January response to the “Cease and Desist” Order, took direct issue with the County’s actions with regard to its law enforcement officer and the County’s interpretation of tribal inherent authority and federal law over non-Indians. However, the Tribe agreed that its officers would not enforce California state law on the reservation, which the Tribe firmly believes its officers do and have not engage in. Regardless, the Court found the Tribe’s statement in its response to the County Sheriff resolves the issues between the parties.

Dorothy Alther, Executive Director of California Indian Legal Services stated, “The Tribe is very disappointed in the District Court’s dismissal. The Tribe is essentially back to where it started from. The fundamental question(s) raised in the Tribe’s law suit have not been addressed and tribal law enforcement officers remain uncertain on whether they will be arrested and criminally prosecuted for performing their legal duties under tribal authority and defined by federal law. The Court’s finding there is no “controversy” in the Tribe’s case fails to acknowledge that a tribal police officer is still being prosecuted and there is no indication that future tribal officers won’t be prosecuted.”

The Tribe is preparing to appeal the District Court’s dismissal to the 9th Circuit Court of Appeals.

California Indian Legal Services is the largest non-profit Indian law firm in California with four offices statewide and has been in operation for 48 years. CILS represents California Tribes, tribal organizations, and low-income individuals on matters of Indian law.

Further information:

Nicole Scott

Director of Marketing and Development

California Indian Legal Services

nscott@calindian.org

T: (760) 746-8941

www.calindian.org

Family and Juvenile Law: Transfers to Tribal Court under Indian Child Welfare Act

Invitation to Comment

SPR15-27

Model Comments to Proposed Amendments to CRC (click to download in Word format)

Comments are due by 5:00 p.m. June 17th. They may be emailed to: invitations@jud.ca.gov or submitted online at: http://www.courts.ca.gov/invitation-comment-form.htm?proposal=SPR15-27&deadline=June%2017,%202015. When submitted online, attachments (such as a pdf letter) may not be uploaded; comments must be copied and pasted into a form field.

2015 Indian Child Welfare Act Summit

June 11, 2015 8:00am-5:00pm

THE EVENT at Graton Resort & Casino

288 Golf Course Drive West

Rohnert Park, CA 94928

Learn about the following Indian Child Welfare Act topics:

Federal Initiatives and Regulations – Working Towards Justice

President Obama’s Generation Indigenous Initiative – Engaging Tribal Youth

Bureau of Children’s Justice – California Department of Justice

Tribal Consultation – Developing a Formal Consultation Policy

SB 1460 ~ Tribes to Conduct Criminal Background Checks ~ Securing Homes for Tribal Youth

California Compliance and Federal Initiatives ~ Building Solutions for the Future and much more.

See Agenda

See Registration Link

Public Safety in Indian Country– PL 280 and Working Solutions between Tribes and Local/State Partners

June 24, 2015

River Lodge, Fortuna, CA

California Indian Legal Services would like to announce a conference on June 24, 2015 focusing on Public Law 280 and on cooperative interactions between tribal, federal, state, and local law enforcement and courts. The conference will be held at the River Lodge in Fortuna from 9:00 a.m. to 5:00 p.m.

The conference is intended primarily for government officials and employees in the Northern California region, although it will include coverage of some issues common throughout the state. Our hope is to provide both legal education on Public Law 280 as well as a forum for productive discussions between tribal, federal, state, and local elected officials, judges, attorneys, and law enforcement personnel.

There is no cost to attend, and lunch will be provided.

If you are interested in attending, please keep June 24th open on your calendar, and email Laura Svoboda at lsvoboda@calindian.org for registration information. Early registration will be greatly appreciated, as we need an accurate head count for lunch. If you have any questions about the conference, please email Jedd Parr at jparr@calindian.org, or call (707) 443-8397.

PL280conferenceflyer.pdf

Student seeks court order to don eagle feather at graduation

From www.wsfa.com:

http://www.wsfa.com/story/29219781/student-seeks-court-order-to-don-eagle-feather-at-graduation

Link to complaint:

https://www.aclunc.org/sites/default/files/2015.06.01_Complaint.pdf