Monday, March 9, 2015

NARF News blog is moving!



Thank you to everyone who has been following the NARF blog over the years.  It is only with the support of so many that NARF is able to do so much.

We recently moved our NARF News blog to the NARF website at www.narf.org and are ending the blog here in this location. We hope that you will join us at our new location. You have a couple of options for how to stay up-to-date with what is happening at NARF.

(1) Please make sure that you have signed up for our NARF News emails.  You will find the option to sign up conveniently included at the top of our homepage at www.narf.org.

RSS Feed Icon(2) If you also would like to know every time that we post to the NARF blog, you can sign up for our RSS feed from the footer of our homepage at www.narf.org.  Look for the RSS icon:

 Again, thank you, and we look forward to seeing you at the new site.

Wednesday, February 4, 2015

NARF secures North Dakota students’ right to wear eagle feathers at graduation ceremonies

Last month, NARF successfully advocated on behalf of graduating Native American students in Grand Forks, North Dakota, who wish to wear eagle feathers during their upcoming graduation ceremonies.  NARF was contacted by the school district’s Native American Parent Committee to offer a letter in support of the students, and NARF was one of many organizations to contribute letters.

Grand Forks Public Schools previously enforced a strict “no adornment” dress code policy at high school graduations.  In the past, this has meant denying Native American students’ requests to wear eagle feathers during the graduation ceremonies.  Eagle feathers symbolize honor and are gifted in times of great personal achievement.  Many graduates are given eagle feathers in recognition of their educational journey and the honor that the graduate brings to his or her community and tribe.

After being confronted with strong opposition from many organizations and individuals in the Native community, school district administrators unanimously decided to change the dress code policy to allow Native American students, who have earned the eagle feather honor, to wear their eagle feather during graduation.

Want to learn more on the issue?  You can read NARF’s letter sent on the students’ behalf as well as the school district’s policy change notification letter.  And, congratulations to all 2015 graduates – you make us proud!

Monday, February 2, 2015

NARF's Anchorage office seeks Office Manager/Legal Secretary

JOB ANNOUNCEMENT
POSITION: Office Manager/Legal Secretary
CLOSING DATE: February 17, 2015

DESCRIPTION:
The Native American Rights Fund is a nonprofit law firm representing Tribes,
organizations, and individuals in Indian law cases of major significance.  NARF has offices in Anchorage, Alaska, Boulder, Colorado, and Washington, D.C.  NARF is looking for an Office Manager/Legal Secretary to provide legal support for its staff attorneys in the Anchorage, Alaska, office.

QUALIFICATIONS:
1.         Three or more years relevant on-the-job experience.  Ability to read, write, spell, punctuate, and use appropriate grammar in order to accurately perform assigned tasks.  Meticulous attention to detail is a must.

2.         Strong computer skills including working knowledge of Word Perfect and  Microsoft Word; Windows; spreadsheet, database, document management, e-mail and web applications; PowerPoint; E-Scan; WorldDox; Concordance; or other similar software.

3.         Ability to operate a variety of office equipment, including a copier, fax machine, typewriter, computer (desktop and laptop), projector, and 10-key calculator.

4.         Ability to organize and prioritize numerous tasks and complete them under time constraints.  Work may occasionally require a high level of mental effort and strain when performing a high volume of tasks and other essential duties. 

5.         Interpersonal skills necessary to communicate and follow instructions effectively from a diverse group of people, including reporting back to attorneys upon completion of a job undertaken at their request.  Ability to provide information and assistance with ordinary courtesy and tact.

The above is intended to describe the general content of and requirements for the performance of this job.  It is not to be construed as an exhaustive statement of essential functions, responsibilities, or requirements. 

SALARY & BENEFITS:
Salary is highly competitive with generous benefits.

APPLICATION PROCEDURE:
Please send via mail, fax, or email: (1) a letter of interest, (2) complete resume, and (3) three professional references.  Mailing address:  Erin Dougherty, Native American Rights Fund, 745 W. 4th Avenue, Suite 502, Anchorage, Alaska 99501.  Fax: (907) 276-2466.  Email: dougherty –at– narf.org.  Alaska Natives, Native Americans, and Native Hawaiians are encouraged to apply.

Thursday, January 29, 2015

NARF welcomes Legal Fellow Ansley Sherman

Ansley Sherman
Ansley Sherman has joined NARF’s Boulder, Colorado office as a Legal Fellow.  Ansley is a citizen of the Muscogee (Creek) Nation and is a recent graduate of the University of Denver Sturm College of Law.  While in law school, Ansley was involved in the Tribal Wills Project, a volunteer program that brings law students to tribal lands in Southwestern Colorado and Utah in order to draft wills and other estate planning documents.  She was also a member of the Native American Law Students Association.

Ansley grew up in Oklahoma City and received her B.A. in English from Fort Lewis College in Durango, Colorado.  Her legal interests include defending religious freedoms, voting rights, and other civil rights of Indian tribes and individuals, furthering Indian education, and strengthening tribal sovereignty. 

Welcome, Ansley!

Tuesday, January 27, 2015

NARF Staff Attorney Matthew L. Campbell testifies to Colorado House of Representatives Education Committee

Matthew L. Campbell
Yesterday, NARF Staff Attorney Matthew L. Campbell testified in front of the Colorado House of Representatives Education Committee in favor of a proposed In-State Tuition Bill for Native students from tribes with historical ties to Colorado.  Matthew represents the Tribal Education Departments National Assembly (TEDNA), a non-profit organization for tribal education departments and agencies nationwide.  To learn more about the proposed legislation, read Matthew’s full testimony.

Friday, January 23, 2015

Special Rapporteur on the Rights of Indigenous Peoples Victoria Tauli-Corpuz to speak in Boulder, Colorado

Victoria Tauli-Corpuz
Victoria Tauli-Corpuz; Photo courtesy of the United Nations
For our friends in the Colorado area, on Thursday, January 29, Victoria Tauli-Corpuz, Special Rapporteur on the Rights of Indigenous Peoples, will be speaking at the University of Colorado Law School.  Ms. Tauli-Corpuz is the founder and Executive Director of Tebtebba, a Philippines-based organization which works on indigenous issues.  Ms. Tauli-Corpuz assumed her responsibilities as the Special Rapporteur in June 2014 and in her position she:
  • Promotes good practices, including new laws, government programs, and constructive agreements between indigenous peoples and states, to implement international standards concerning the rights of indigenous peoples;
  • Reports on the overall human rights situations of indigenous peoples in selected countries;
  • Addresses specific cases of alleged violations of the rights of indigenous peoples through communications with Governments and others;
  • Conducts or contributes to thematic studies on topics of special importance regarding the promotion and protection of the rights of indigenous peoples.
NARF’s work on implementation of the United Nations Declaration on the Rights of Indigenous Peoples and in the UNFCCC process to reach an international climate change agreement directly involve us in matters related to the work of the Special Rapporteur in fighting for the rights of indigenous peoples.

For more information on the event, please see the announcement from the American Indian Law Program.

Thursday, January 22, 2015

The impact of Holt v. Hobbs on Native American inmates

Holt v. Hobbs, a recent unanimous decision by the U.S. Supreme Court protecting a Muslim prisoner’s right to wear a half-inch beard, has important implications for Native American inmates seeking accommodation of their religious practices.  In Holt, the Court held that Arkansas violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) where its grooming policy did not allow beards and it refused to grant a religious exemption to an inmate whose Muslim religion required him to wear a beard.  Shortly before the Court granted review in Holt, a group of Native American inmates filed a petition in Knight v. Thompson, asking the Court to review a case where prison officials in Alabama refused to grant a religious exemption from their restrictive grooming policy to allow Native Americans to wear long hair consistent with their Native religious beliefs.  The Native American Rights Fund, representing the National Congress of American Indians and Huy filed “friend of the Court” briefs supporting the prisoners in both Holt and Knight.  The Court has held the Knight petition since May 2014 and now, with its decision in Holt, has rescheduled consideration of the petition for its January 23, 2015, conference.

Like Mr. Holt, the Native American prisoners in Knight seek relief under RLUIPA, which requires that a substantial burden on an inmate’s religious exercise be the least restrictive means of furthering a compelling government interest.  This standard, referred to as “strict scrutiny,” is the most stringent legal standard applied to laws and government rules.  A lack of consistent application of this rigorous standard by the lower federal courts has allowed some state prison systems to unduly restrict religious practices of Native American inmates.

Since the Nebraska prison system became the first in the U.S. to accommodate sweat lodge in 1972, many others have gradually accommodated a variety of religious practices unique to Native Americans, including sweat lodge, tobacco use and long hair. Now, 80% of U.S. prison systems allow Native Americans to wear long hair, either through blanket policies or special religious exemptions. By and large, prison officials have found ways to mitigate the minimal risks associated with these practices and have observed numerous benefits to Native inmate behavior and rehabilitation as a result.

However, a handful of state prison systems stubbornly refuse to accommodate certain facets of Native religion, such as long hair at issue in Knight.  Those prison officials have hidden behind safety, security and hygiene concerns to frustrate sincere religious beliefs and practices.  Yet, these same prison officials openly admit that they did not investigate, or even consider, the successful accommodation measures taken by the 80% of prison systems allowing long hair, or exemptions for Native American inmates.  Rather than apply RLUIPA’s strict scrutiny to the state’s arguments and ask, “Why not Alabama?” the lower courts in Knight deemed the policies of other jurisdictions simply irrelevant to the operation of Alabama prisons and accorded “due deference” to the uninformed opinions and unsubstantiated claims of prison officials.

Holt holds that this approach is wrong.  Much like Knight, the Arkansas prison officials in Holt feared safety and security issues and ignored the successful measures taken by the vast majority of prison systems to safely accommodate religious beards.  The Holt opinion makes clear that these successful, widespread accommodations are indeed relevant and indicate that Arkansas was not utilizing the “least restrictive means.”  Additionally, the Supreme Court emphasized that judges cannot simply defer to the opinions of prison officials as a means of practicing “unquestioning acceptance,” thereby abdicating judicial responsibility to apply RLUIPA’s very rigorous standard.  Courts must demand persuasive proof that denial of an exemption to a specific person is the least restrictive means of furthering compelling penological interests.  Like the prison officials in Holt, the officials in Knight failed to meet this standard, and the court applied an unquestioning acceptance of their opinions.  It is an error that has plagued the cases of several Native American inmates through several decades of litigation, and we believe that Holt provides the clarity necessary to remedy this persistent issue.

The Holt opinion changes a fundamental aspect of how certain prison systems deal with Native Americans and their religious practices.  For those Natives who reside in the darkest corners of U.S. penal systems, it is no longer the rule that they cannot engage in their traditional religious practices merely because their jailors say so.  Courts will demand more, just as Congress intended when it enacted RLUIPA.

For more information on this issue, please contact NARF Staff Attorney Joel West Williams at (202) 785-4166.  For more information on the religious practices of Native American inmates, please see the article, Walking the Red Road in the Iron House.

Tuesday, January 20, 2015

New Update Memoranda published for the Tribal Supreme Court Project



A new Tribal Supreme Court Project Update Memoranda is now available!

The Tribal Supreme Court Project is part of the Tribal Sovereignty Protection Initiative and is staffed by the National Congress of American Indians (NCAI) and the Native American Rights Fund (NARF). The Project was formed in 2001 in response to a series of U.S. Supreme Court cases that negatively affected tribal sovereignty.  The purpose of the Project is to promote greater coordination and to improve strategy on litigation that may affect the rights of all Indian tribes.  We encourage Indian tribes and their attorneys to contact the Project in our effort to coordinate resources, develop strategy and prepare briefs, especially at the time of the petition for a writ of certiorari, prior to the Supreme Court accepting a case for review.  You can find copies of briefs and opinions on the major cases we track on the project's website.