Native American Legal Update : Native American Law : Foster Pepper Law Firm : Northwest, Seattle, Spokane, Portland Lawyer & Attorney

Free podcasts from the informative Tribal non-profit organizations seminar in Seattle are now available for you to download from this website. The sessions include:

The Need for Fostering Non-Profits in Indian Country:

Ken Gordon, Executive Director, The Potlatch Fund

Non-Profit Law in Indian Country:

Millie Kennedy, Native American Unit, The Northwest Justice Project
Don Chalmers, President, SparrowHawk Consulting Company
Timothy Brewer, Reservation Attorney, The Tulalip Tribes
Shana Barehand, Tribal Liaison for the WA Department of Revenue

Dispute Resolution in the Tribal Context: “Cultural Awareness and Strategic
Planning”:

Michele Vendiola, Consultant/Facilitator, Community Alliance & Peacemaking
Project
Christina Parker, Field Attorney, The Northwest Justice Project
Greg Guedel, Chair, Foster Pepper PLLC Native American Legal Services
Group

You can access the podcasts below and through Foster Pepper’s iTunes page.

PODCAST - AUDIO
(Audio files are in .mp3 format and require an Audio player or you can listen via iTunes.)

The Need for Fostering Non-Profits in Indian Country:

• Listen to Ken Gordon, Executive Director, The Potlatch Fund

Non-Profit Law in Indian Country:

• Millie Kennedy, Native American Unit, The Northwest Justice Project
• Listen to Don Chalmers, President, SparrowHawk Consulting Company
• Listen to Timothy Brewer, Reservation Attorney, The Tulalip Tribes
• Listen to Shana Barehand, Tribal Liaison for the WA Department of Revenue
• Listen to the Non-Profit Law Panel

Dispute Resolution in the Tribal Context: “Cultural Awareness and Strategic Planning”:

• Listen to Michele Vendiola, Consultant/Facilitator, Community Alliance & Peacemaking Project
• Listen to Christina Parker, Field Attorney, The Northwest Justice Project
• Listen to Greg Guedel, Chair, Foster Pepper PLLC Native American Legal Services Group
• Listed to the Dispute Resolution in the Tribal Context Panel

Listen to all the audio files and subscribe to the RSS feed.

PODCAST - VIDEO
(Video files are in .m4v format and require QuickTime.)

The Need for Fostering Non-Profits in Indian Country:

• Watch Ken Gordon, Executive Director, The Potlatch Fund

Non-Profit Law in Indian Country:

• Millie Kennedy, Native American Unit, The Northwest Justice Project
• Watch Don Chalmers, President, SparrowHawk Consulting Company
• Watch Timothy Brewer, Reservation Attorney, The Tulalip Tribes
• Watch Shana Barehand, Tribal Liaison for the WA Department of Revenue
• Watch the Watch the Non-Profit Law Panel

Dispute Resolution in the Tribal Context: “Cultural Awareness and Strategic Planning”:

• Watch Michele Vendiola, Consultant/Facilitator, Community Alliance & Peacemaking Project
• Watch Christina Parker, Field Attorney, The Northwest Justice Project
• Watch Greg Guedel, Chair, Foster Pepper PLLC Native American Legal Services Group
• Watch the Dispute Resolution in the Tribal Context Panel

Watch all the video files and subscribe to the RSS feed.

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This week in Seattle, Foster Pepper PLLC’s Native American Legal Services Group partners with the Washington State Bar Association’s Indian Law Section, WAACO, the Northwest Justice Project, and the Potlatch Fund to present the all-day legal seminar:

Nonprofit Law in Indian Country
Wednesday, March 24, 2010
9:00 a.m. – 4:00 p.m.
Foster Pepper PLLC
1111 Third Avenue, Suite 3000
Seattle, Washington 98101
www.foster.com

 Discussion topics include:

Incorporation and Other State Law Issues

Application for Tax Exempt Status

Compliance Issues for Public Charities

Fostering Nonprofits in Indian Country

Nonprofit Law in Indian Country

Cultural Awareness while Representing Native Americans

The program offers CLE credit for practicing attorneys, and podcasts of the sections will be available on this website following the seminar. Download the registration information HERE, or contact Jean Seeley at jeans@nwjustice.org or 206-464-1519, ext. 631.
 

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This Thursday, March 18, 2010 Gonzaga University School of Law in Spokane, Washington will be the site for a far-ranging conference on legal issues of importance to Tribal communities and their advocates. Hosted by the Indian Law Section of the Spokane County Bar Association, the conference features nationally-recognized experts in numerous areas of law that are critical to Tribes. The conference itinerary includes:

The Indian Child Welfare Act – Tribal and State Perspectives (Identifying an Indian Child; Tribal staffing of ICW cases; domicile; utilizing Indian Child Welfare experts)

Tribal Court Practice; Inter-Jurisdictional Issues Arising in Tribal Courts (Tribal Court practice overview; abstention, exhaustion, removal; inter-jurisdictional issues)

Labor and Employment Law Issues for Tribes (FMLA; ADA; Pension Protection Act; and Tribal Considerations in drafting Employee Policies and Procedures)

Issues Regarding Multi-Jurisdictional Regulatory Oversight

Ethical Issues Arising in Tribal and State Multi-Jurisdictional Practice of Law

Registration information is available HERE.
 

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Wednesday, 24 March 2010 is the date for a full-day seminar on developing and operating non-profit organizations in Native communities. Presented in partnership by the Washington State Bar Association’s Indian Law Section, Washington Attorneys Assisting Community Organizations, the Native American Unit of the Northwest Justice Project, and Foster Pepper PLLC, the seminar will cover numerous topics to assist those interested in forming charitable and other non-profit organizations, including: 

• Incorporation and Other State Law Issues
  
• Application for Tax Exempt Status
  
• Compliance Issues for Public Charities
  
• Fostering Non-Profits In Indian Country
  
• Cultural Awareness In Dispute Resolution

Program and registration forms are available HERE, and podcasts of the seminar presentations will be available on this website after the program.
 

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On Thursday, March 18, 2010 Gonzaga University School of Law in Spokane, Washington will be the site for a far-ranging conference on legal issues of importance to Tribal communities and their advocates.  Hosted by the Indian Law Section of the Spokane County Bar Association, the conference features nationally-recognized experts in numerous areas of law that are critical to Tribes.  Registration information is available HERE.  The conference itinerary and speaker list includes:

Thursday, March 18, 2010
8:00 a.m. Registration and Coffee

8:30 a.m. Introduction and Conference Overview
George Critchlow, Acting Dean, Gonzaga University School of Law, Spokane, WA
Juliana C. Repp, Esq., Chair, SCBA ILS, Spokane, WA
Moderator
Jessica Lee-Domebo, Esq., Chair Elect, SCBA ILS, Spokane, WA

8:40 a.m. The Indian Child Welfare Act – Tribal and State Perspectives (Identifying an Indian Child; Tribal staffing of ICW cases; domicile; utilizing Indian Child Welfare experts; status of Washington state programs)                                                                                                                                             Lorraine Parlange, Kalispel Tribal Attorney
Ricki Peone Haugen, M.S.W., Indian Child Welfare Expert, Spokane, WA
Buffy Nicholson, Social Worker III, CFS, Colville Tribes
Brandelle Whitworth, General Counsel, Shoshone-Bannock Tribes
Jodi Felice, Assistant Attorney General for State of Washington
 

10:15 a.m. Break (hosted by Crowell Law Offices)

10:30 a.m. Tribal Court Practice; Inter-Jurisdictional Issues Arising in Tribal Courts (Tribal Court practice overview; abstention, exhaustion, removal; inter-jurisdictional issues)
Juliana C. Repp, Attorney at Law, Spokane, WA
Trudy Flamand, Chief Judge, Colville Tribal Court
Suzanne Ojibway Townsend, Chief Judge, Confederated Tribes of the Grande Ronde Community of Oregon Tribal Court
Winona Tanner, Chief Judge, Confederated Salish and Kootenai Tribal Court

11:45 a.m. Lunch

12:45 p.m. Labor and Employment Law Issues for Tribes
(FMLA; ADA; Pension Protection Act; and Tribal Considerations in drafting Employee Policies and Procedures)
Greg Guedel, Foster Pepper, PLLC
Julie Kebler, Foster Pepper, PLLC
Scott Wheat, Crowell Law Offices

2:00 p.m. Break (hosted by the Kootenai Tribe)

2:15 p.m. The Spokane River – Keeping it Clean: Issues Regarding Multi-Jurisdictional Regulatory Oversight
Michael Chappell, Esq., Director of the Environmental Law Clinic, Gonzaga University School of Law
Rick Eichstaedt, Esq., Spokane Riverkeeper, Center for Justice
Brian Crossley, Water and Fish Program Manager, Spokane Tribe of Indians

3:30 p.m. Ethical Issues Arising in Tribal and State Multi-Jurisdictional Practice of Law
Brian McClatchey, In-house Counsel, Coeur d’ Alene Tribal Casino

4:30 p.m. Adjourn
4:35 p.m. Meeting and Elections for the Spokane County Bar Association, Indian Law Section
5:00 p.m. Reception hosted by Gonzaga University School of Law
 

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Native American Finance Officers Association Conference Call Series
“Indian Country Financing at a Crossroads”
A Primer to NAFOA’s Next Decade Finance Conference
Wednesday, February 10 – 10:00AM Pacific / 1:00PM Eastern
Dial-In Number: (800) 965–6503
Conference ID: 54703566

NAFOA’s experts will weigh in on the recent Lac du Flambeau management decision, and then take a broader look at the potential crisis that may emerge with future tribal defaults. This call will begin to address the situations that will be discussed in greater depth and breadth at NAFOA’s “Next Decade Finance Conference,” March 16-17 in New Orleans.

The call will be moderated by NAFOA President Bill Lomax, who has been actively working with Tribal governments most of his career and has several years experience working on Wall Street helping tribes with financing and investments. An enrolled member of the Gitxsan Nation, Bill teaches in the area of financial literacy and has acted as a trainer in numerous Tribal financial education sessions
 

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In conjunction with the 5 November 2009 Tribal Nations conference, President Obama has issued a White House Memorandum on Tribal Consultation to all executive departments and federal agencies. The Memorandum can be accessed here, and its full text is below:

The United States has a unique legal and political relationship with Indian tribal governments, established through and confirmed by the Constitution of the United States, treaties, statutes, executive orders, and judicial decisions. In recognition of that special relationship, pursuant to Executive Order 13175 of November 6, 2000, executive departments and agencies (agencies) are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian tribes.

History has shown that failure to include the voices of tribal officials in formulating policy affecting their communities has all too often led to undesirable and, at times, devastating and tragic results. By contrast, meaningful dialogue between Federal officials and tribal officials has greatly improved Federal policy toward Indian tribes. Consultation is a critical ingredient of a sound and productive Federal-tribal relationship.

My Administration is committed to regular and meaningful consultation and collaboration with tribal officials in policy decisions that have tribal implications including, as an initial step, through complete and consistent implementation of Executive Order 13175. Accordingly, I hereby direct each agency head to submit to the Director of the Office of Management and Budget (OMB), within 90 days after the date of this memorandum, a detailed plan of actions the agency will take to implement the policies and directives of Executive Order 13175. This plan shall be developed after consultation by the agency with Indian tribes and tribal officials as defined in Executive Order 13175. I also direct each agency head to submit to the Director of the OMB, within 270 days after the date of this memorandum, and annually thereafter, a progress report on the status of each action included in its plan together with any proposed updates to its plan.

Each agency's plan and subsequent reports shall designate an appropriate official to coordinate implementation of the plan and preparation of progress reports required by this memorandum. The Assistant to the President for Domestic Policy and the Director of the OMB shall review agency plans and subsequent reports for consistency with the policies and directives of Executive Order 13175.

In addition, the Director of the OMB, in coordination with the Assistant to the President for Domestic Policy, shall submit to me, within 1 year from the date of this memorandum, a report on the implementation of Executive Order 13175 across the executive branch based on the review of agency plans and progress reports. Recommendations for improving the plans and making the tribal consultation process more effective, if any, should be included in this report.
The terms "Indian tribe," "tribal officials," and "policies that have tribal implications" as used in this memorandum are as defined in Executive Order 13175.  The Director of the OMB is hereby authorized and directed to publish this memorandum in the Federal Register.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Executive departments and agencies shall carry out the provisions of this memorandum to the extent permitted by law and consistent with their statutory and regulatory authorities and their enforcement mechanisms.

BARACK OBAMA
 

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(Dailyyonder.com)

President Barack Obama will host a White House Tribal Nations Conference  on November 5, 2009 from 9 a.m. – 5:30 p.m., with leaders of all 564 federally recognized Tribes invited.  Each federally recognized Tribe can send one representative; it is unclear whether Tribes that do not yet have federal recognition can attend. Indian Country Today reports that the meeting will be held at the Sidney R. Yates Auditorium of the Department of the Interior in Washington D.C..

“I look forward to hearing directly from the leaders in Indian country about what my administration can do to not only meet their needs, but help improve their lives and the lives of their peoples,” Obama said. “This conference will serve as part of the ongoing and important consultation process that I value, and further strengthen the nation-to-nation relationship.”

W. Ron Allen, a member of the executive board of the National Congress of American Indians and Chairman of the Jamestown S’Klallam Tribe, said the White House would have been a more impressive setting, but believes it’s important to hold the meeting in an environment that will be conducive to constructive dialogue. Allen emphasized that Tribal leaders expect to be able to present their views and receive specific answers and policy outlines from the President. “We do not want this to be a photo op.”

Allen said many NCAI members want the President to begin showing action on campaign promises to advance self-determination, self-governance and self-reliance for all 564 American Indian and Alaska Native nations. “We are hopeful that he will reaffirm and strengthen his administration’s commitment to the ‘government-to-government’ relationship including clear instruction to all departments and agencies under his executive authority,” Allen said.

MyTribeTV, a Native-owned business in Seattle, will provide online coverage of the conference. The event will be streamed at tribalsummit.mytribetv.com.
 

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Foster Pepper PLLC and KeyBank are Co-Sponsors of the huge Native American Economic Development Conference to be held at the Westin in Las Vegas September 16-18, 2009. The far-ranging seminar will cover topics of immense importance to Tribal economies, including:

• Tribal Leaders Roundtable: The Impact of President Obama’s Administration
• Economic Development Bonds and the Federal Stimulus Package: Effects on Tribal Financing
• Tribal Enterprises Facing Bankruptcy
• CEO Roundtable: Private Enterprise Boards vs. Tribal Governments
• CFO Roundtable- External Diversification vs. Internal Reinvestment: Weighing Risk Management Issues
• Economic Development Roundtable: Stimulating Revenue Growth
• Effective Master Planning
• Design and Construction Roundtable: Climbing out of a Recession
• Strategic Marketing in a New Economic Era
• Using Sports and Entertainment to Maximize Casino Traffic
• Planning for Retirement in Indian Country

The conference presenters possess unparalleled expertise in Tribal economic development issues, and include:

• Mellor Willie, Executive Director, National American Indian Housing Council
• Elaine Fink, Chairperson, Northfork Rancheria of Mono Indians
• Henry Cagey, Chairman, Lummi Nation
• Bob Garcia, Chairman, The Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians
• Robert Martin, Chairman, Morongo Band of Mission Indians
• Georgia Noble, Chairperson, Sac & Fox National Business Enterprise Board
• Mel Sheldon, Chairman, Tulalip Tribes of Washington
• Glenn Hall, CEO, Bishop Paiute Tribe
• Robert Mele, CFO, Seneca Construction Management Corporation
• Robert Winter, CEO, Navajo National Gaming Enterprises
• Chris Kelley, CFO, Viejas Band of Kumeyaay Indians
• Eletta Tiam, CFO, Nisqually Tribe
• Michael Marchand, President, Affiliated Tribes of Northwest Indians Economic Development Corporation
• Virgil Moorhead, Chairman, Big Lagoon Rancheria
• Morris Reid, Chairman, Picayune Rancheria of Chuckchansi Indians
• Ivan Posey, Chairman, Shoshone Tribe of the Winder River Reservation
• Theresa Two Bulls, President, Ogalala Sioux Tribe of The Pine Ridge Reservation
• Cedric Black Eagle, Chairman, Crow Nation
• Louis J. Manuel Jr., Chairman, Ak-Chin Indian Community
• Michael Broderick, Director of Marketing, Lake of the Torches Resort Casino
• Mary Galbraith, Director of Strategic Marketing, Cherokee National Entertainment
• Michael L. Bearhart, Director of Gaming, St. Croix Casino & Hotel
• Scott Eldredge, General Manager, Santa Ana Start Casino

Additional conference information and registration information can be accessed through Pier Conference Group.

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Foster Pepper PLLC and KeyBank are Co-Sponsors of the huge Native American Economic Development Conference to be held at Caesar's Palace in Las Vegas September 16-18, 2009.  The far-ranging seminar will cover topics of immense importance to Tribal economies, including:

• Tribal Leaders Roundtable: The Impact of President Obama’s Administration
• Economic Development Bonds and the Federal Stimulus Package: Effects on Tribal Financing
• Tribal Enterprises Facing Bankruptcy
• CEO Roundtable: Private Enterprise Boards vs. Tribal Governments
• CFO Roundtable- External Diversification vs. Internal Reinvestment: Weighing Risk Management Issues
• Economic Development Roundtable: Stimulating Revenue Growth
• Effective Master Planning
• Design and Construction Roundtable: Climbing out of a Recession
• Strategic Marketing in a New Economic Era
• Using Sports and Entertainment to Maximize Casino Traffic
• Planning for Retirement in Indian Country
  

The conference presenters possess unparalleled expertise in Tribal economic development issues, and include:

• William "Mike" Lettig, Executive Vice President & National Executive, KeyBank
• Mellor Willie, Executive Director, National American Indian Housing Council
• Elaine Fink, Chairperson, Northfork Rancheria of Mono Indians
• Henry Cagey, Chairman, Lummi Nation
• Bob Garcia, Chairman, The Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians
• Robert Martin, Chairman, Morongo Band of Mission Indians
• Georgia Noble, Chairperson, Sac & Fox National Business Enterprise Board
• Mel Sheldon, Chairman, Tulalip Tribes of Washington
• Glenn Hall, CEO, Bishop Paiute Tribe
• Robert Mele, CFO, Seneca Construction Management Corporation
• Robert Winter, CEO, Navajo National Gaming Enterprises
• Chris Kelley, CFO, Viejas Band of Kumeyaay Indians
• Eletta Tiam, CFO, Nisqually Tribe
• Michael Marchand, President, Affiliated Tribes of Northwest Indians Economic Development Corporation
• Virgil Moorhead, Chairman, Big Lagoon Rancheria
• Morris Reid, Chairman, Picayune Rancheria of Chuckchansi Indians
• Ivan Posey, Chairman, Shoshone Tribe of the Winder River Reservation
• Theresa Two Bulls, President, Ogalala Sioux Tribe of The Pine Ridge Reservation
• Cedric Black Eagle, Chairman, Crow Nation
• Louis J. Manuel Jr., Chairman, Ak-Chin Indian Community
• Michael Broderick, Director of Marketing, Lake of the Torches Resort Casino
• Mary Galbraith, Director of Strategic Marketing, Cherokee National Entertainment
• Michael L. Bearhart, Director of Gaming, St. Croix Casino & Hotel
• Scott Eldredge, General Manager, Santa Ana Start Casino

Additional conference information and registration information can be accessed through Pier Conference Group.

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Tribal leaders and business experts from across the nation will gather at the Tulalip Resort June 1-2 for the Northwest Native American Economic Development Conference.  Speakers include:

• Mel Sheldon, Chairman, Tulalip Tribes of Washington

• Chief J. Allan, Chairman, Coeur d'Alene Tribe

• Cedric BlackEagle, Chairman, Crow Nation

• Bob Garcia, Chairman, Confederated Tribes of Coos, Lower Umpqua & Siuslaw Indians

• Ralph Sampson Jr., Chairman, Yakama Indian Nation

• Edward K. Thomas, President Emeritus, Central Council Tlingit & Haida Indian Tribes of Alaska & Board of Directors - Sealaska Corporation

• Jerry Lamb, Director of Economic Development, Confederated Salish and Kootenai Tribes

• Kary Nichols, Director of Business Development, Colville Tribal Enterprise Corporation

• Professor Ron Whitener, University of Washington Native American Law Center

The conference will cover a vast array of topics relating to the development of economic enterprises in Native lands, including:

• Tribal Leaders Roundtable: Defining Economic Development

• Tribal Economic Development Bonds: Strategic Financing for Business Ventures

• Tribal Gaming Outlook: Planning for the Future

• Reinventing your Casino & Resort Facilities

• Housing & Infrastructure Projects on the Reservation

• Renewable Energy Projects

• Taking Care of Your Own: Community Member Wealth

For anyone interested in the development of Tribal economies, this seminar is not to be missed. 

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On Friday, May 8, 2009, the Washington State Bar Association’s Indian Law Section will hold its 21st Annual Conference and continuing legal education seminar in Seattle. Co-hosted by the law firm of Foster Pepper PLLC, the day-long program will cover cutting-edge legal issues affecting Native American communities, including:

• Federal Tribal trust funds mismanagement
• Revisiting the issue of Native American civil rights and Tribal sovereignty
• Examining the Duwamish Tribe and other federal recognition cases
• Native American policy under the Obama administration
• Juvenile justice in Native communities
• Tax planning for Tribal construction and economic development projects

The panel of presenters features numerous acclaimed experts on Tribal issues, including:

• Diana Bob, National Congress of American Indians, Washington D.C.
• Melody McCoy, Native American Rights Fund, Boulder, Colorado
• Rob Roy Smith, lead counsel in the ground-breaking Snoqualmie Tribal banishment case
• Tom Schlosser, advocate and educator on Tribal legal affairs
• Jeff Nave, national Tribal finance and tax credit expert

The program also includes a traditional dance performance and cultural competency presentation by “One Crazy Raven” Gene Tagaban. You can follow the program during the day via this site's Twitter updates @nativelegal.
 

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The King County Court Appointed Special Advocate (CASA) program has announced the Seattle law firm of Foster Pepper PLLC as the 2009 recipient of the Judge David Soukup Pro Bono Recognition Award.  W. Gregory Guedel, Chair of the firm’s Native American Legal Services Group, and Pro Bono Counsel Joanna Plichta Boisen will receive the award on behalf of the firm on April 25, 2009 in Seattle.

The award, named for the jurist who founded the nation’s first CASA program in Seattle in 1977, is presented annually to an organization demonstrating noteworthy commitment to CASA’s mission of providing free legal service for children up to 11 years old who have allegedly been abused and/or neglected.  The need for CASA advocacy in Native Communities is especially great, as Native American children are disproportionately involved in legal issues involving foster care and custody.  Foster Pepper is being recognized for its work in creating a new legal deskbook for practitioners serving Native American children under the federal Indian Child Welfare Act (ICWA), and for its landmark ICWA seminar that provided training to a national group of CASA volunteers serving Native Communities. Video and audio of the seminar can be accessed here or as podcasts through iTunes.

Dependency/CASA Pro-Bono Coordinator Janet Harris stated in announcing the award:

We are still reeling from the fabulous day we spent with you and our guests at the Indian Child Welfare Act seminar. So much work and effort on your part made the event a resounding success and helped the CASA program along the path to establishing our own Native American unit.
 

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