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Tribal and Family Court Issues Sixth Family Law Conference Oregon Family Law: Change, Challenge, Opportunity Tribal and Family Court Issues Presenter: The Honorable Jeremy Brave-Heart, Chief Judge, Klamath Tribes Chief Judge Jeremy Brave-Heart, a citizen of the Shawnee Tribe of Oklahoma, holds a J.D. from the University of Michigan Law School, and has degrees in Anthropology and Political Science. Mr. Brave-Heart serves as Chief Judge for the Klamath Tribes, was a Judge for the Hopi Tribal Courts, and is concurrently Of Counsel to the Indian Law firm Ceiba Legal, LLP. As a tribal member and lawyer specializing in all aspects of Federal Indian and Tribal Law and Policy, Mr. Brave-Heart has been honored to serve dozens of tribes. Before returning home to the West, Mr. Brave-Heart was in private practice in Washington, D.C., at the Indian Law firm of Hobbs, Straus, Dean, & Walker, LLP. While in Washington, D.C., Mr. Brave-Heart defended and advocated for critical tribal issues such as Education, Health, Gaming, Treaty Rights, Federal Indian Policy, and as is so often necessary these days, litigation on behalf of tribes at the state and federal courts. Mr. Brave-Heart also served as the Assistant Attorney General for the Eastern Shoshone Tribe, where he represented the Tribe as co-counsel in defending its reservation boundary in the United States Court of Appeals for the 10th Circuit, as well as representing dozens of its tribal departments. Outside of serving tribes and their citizens, Mr. Brave-Heart’s passions include ceremony, shooting, hunting, fishing, writing music and poetry, and above all, spending time with his wife and two daughters. TRIBAL COURT/STATE COURT FORUM Memorandum of Understanding Between The Oregon Judicial Department and The Nine Federally Recognized Tribes of Oregon This Memorandum of Understanding (MOU) sets forth the terms and understanding between the Oregon Judicial Department and the Nine Federally Recognized Tribes of Oregon to establish an ongoing forum of state, tribal and federal judiciaries. Background Oregon has nine federally recognized Indian tribes: the Burns Paiute Tribe; the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians; the Confederated Tribes of Grand Ronde; the Confederated Tribes of Siletz Indians; the Confederated Tribes of the Umatilla Indian Reservation; the Confederated Tribes of Warm Springs; the Coquille Indian Tribe; the Cow Creek Band of Umpqua Tribe of Indians; and The Klamath Tribes. Oregon also has 36 Circuit Courts and six Federal Courts including one US District Court in four locations, one Bankruptcy Court and one Ninth Circuit Court of Appeals. State, Federal and tribal courts have a range of common responsibilities. However, at times, they can misunderstand, misinterpret and disagree about issues important to each jurisdiction. These parallel and sometimes overlapping responsibilities require open communication between court systems. In August of 2015, six Tribal judges, twelve Circuit Court Judges and one Federal Judge convened to discuss cross jurisdictional issues affecting all of their systems. At the conclusion of their meeting, they unanimously expressed a need for an ongoing forum to continue the work. Purpose The Tribal Court/State Court Forum will create and institutionalize a collaborative relationship between judicial systems in Oregon, identify cross-jurisdictional legal issues affecting the people served by those systems, and improve the administration of justice of all our peoples. It will allow judges and court representatives to gain knowledge of their various court procedures and practices, identify strategies and facilitate improvements in their interactions, and allow them to coordinate and share resources, educational opportunities and materials. Membership The membership of the forum shall consist of equal representation of nine state court representatives from diverse locations and nine tribal representatives. One state court judge and one tribal court judge shall serve as co-chairs of the forum. The co-chairs can designate an attorney representative with knowledge of Indian Law and a federal court representative to serve as members of the forum . Meetings The forum will meet up to two times each year and will alternate between tribal and state locations. Funding This MOU is not a commitment of funds. Duration This MOU is at-will and may be modified by mutual consent of the members. This MOU shall become effective upon signature by the authorized officials listed below and will remain in effect until modified or terminated by any one of the partners by mutual consent. Tribal Court/State Court Forum MOU Non-Binding The parties understand that this MOU is not legally binding on them but is designed to reflect an understanding of the way in which they can effectively cooperate to create a tribal/state court forum in Oregon. Nothing in the MOU restricts any party from exercising independent judgment or discretion given it under applicable statutes, regulations, or other sources. OREGON JUDICIAL DEPARTMENT CONFEDERATED TRIBES OF WARM SPRINGS __ _SIGNED_________ PENDING BEFORE TRIBAL COUNCIL ___SEPTEMBER 29, 2016____ ________________________ ___CHIEF JUSTICE BALMER___ ________________________ BURNS PAIUTE TRIBE COQUILLE INDIAN TRIBE __ _SIGNED_________ PENDING BEFORE TRIBAL COUNCIL _____AUGUST 22, 2016_____ _________________________ CHARLOTTE RODERIQUE, TRIBAL COUNCIL _________________________ CONFEDERATED TRIBES OF THE UMATILLA COW CREEK BAND OF UMPQUA TRIBE INDIANS INDIANS ________SIGNED_________ __________SIGNED___________ ___SEPTEMBER 26, 2016____ ________NOT DATED_________ __JUDGE WILLIAM D. JOHNSON_ ______MICHAEL RONDEAU______ CONFEDERATED TRIBES OF GRAND RONDE THE KLAMATH TRIBES _______SIGNED_________ __ __ _SIGNED_________ ______NOT DATED_______ _______NOT DATED _____ ___JUDGE DAVID SHAW____ __JUDGE JEREMY BRAVE-HEART__ CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS CONFEDERATED TRIBES OF SILETZ INDIANS __ _SIGNED_________ __ __ _SIGNED_________ _______NOT DATED ____ _________NOT DATED________ ___JUDGE J.D. WILLIAMS_____ __ JUDGE CALVIN GANTENBEIN___ Tribal Court/State Court Forum MOU Tribal/State Court Forum Members First Name: Last Name: Tribe / County: Agency Judges: Daniel Ahern Jefferson County Circuit Court Judge Sally Avera Polk County Circuit Court Judge Jeremy Brave-Heart Klamath Tribes' Judicial Branch Tribal Court Judge Donald Costello Coquille Indian Tribe Tribal Court Judge William Cramer Grant/Harney Counties Circuit Court Judge Cal Gantenbein Confederated Tribes of Siletz Indians Tribal Court Judge Lynn Hampton Umatilla County Circuit Court Judge William Johnson Confederated Tribes of the Umatilla Tribal Court Judge Mark Kemp Burns-Paiute Tribe Tribal Court Judge Lisa Lomas Confederated Tribes of Warm Springs Tribal Court Judge Valeri Love Lane County Circuit Court Judge Maureen McKnight Multnomah County Circuit Court Judge Michael Newman Josephine County Circuit Court Judge Darleen Ortega Statewide Appellate Court Judge David Shaw Confederated Tribes of Grand Ronde Tribal Court Judge Martha Walters Statewide Oregon Supreme Court Justice J.D. Williams Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians Tribal Court Judge Ron Yockim Cow Creek Band of Umpqua Indians Tribal Court Judge OJD Staff: Leola McKenzie Juvenile and Family Court Programs (JFCPD) Director, JFCPD Amy Benedum Juvenile and Family Court Programs (JFCPD) Program Analyst, JFCPD Other Meeting Attendees First Name: Last Name: Tribe / County: Agency Craig Dorsay Multnomah Dorsay & Easton LLP David Gallaher Umatilla CTUIR Claudia Groberg Lane Department of Justice Hope Hicks Marion OJD - JFCPD Rodger Isaacson Klamath OJD Dawn Marquardt Marion OR Department of Justice Rebecca Orf Statewide OJD - JFCPD Stephanie Striffler Multnomah Oregon Dept of Justice PRINCIPLES OF FEDERAL INDIAN LAW APPLICABLE TO FAMILY LAW ISSUES IN STATE COURTS IAML Family Law Conference February 14, 2013 Craig J. Dorsay, Attorney I. Relevant Principles of Federal Indian Law. A. Inherent Sovereign Status of Indian Tribes. 1. Indian tribes are one of three sovereigns expressly described in the United States Constitution – states, the federal government, and tribes. 2. Indian tribes pre-dated the United States Constitution, and therefore are not included in its provisions or coverage, except as expressly noted. Talton v. Mayes, 163 U.S. 376, 384 (1896)(5th Amendment does not apply to Indian tribes). 3. Indian tribes have historically been recognized as “distinct, independent political communities” which exercise powers of self-government not by virtue of delegation from a superior sovereign, but rather as original, inherent sovereign authority. Worcester v. Georgia, 31 U.S. 515, 559 (1832); United States v. Lara, 541 U.S. 193, 204-05 (2004). Tribal sovereignty remains until limited or ended by Congress. 4. One of the earliest Supreme Court cases described Indian tribes as “domestic dependent nations,” whose “relation to the United States resembles that of a ward to his guardian.” Cherokee Nation v. Georgia, 30 U.S. 1, 17 (1831). This guardian ward relationship does not undermine, but does limit, the independent sovereign status of tribes. Tribes start as governments possessing the sovereign powers of independent nations, who came under the authority of the United States through treaties, agreements and through the assertion of authority by the United States. 1 The United States has a fiduciary obligation to protect and preserve tribal self- government and to continue their integrity
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