american indian
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‘Serve and not to be served’: Melissa Meirink ceremonially sworn in as newest appeals judge
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When Melissa C. Meirink was young and had something to complain about, her grandmother replied, “While you’re crying out of one eye, there are people crying out of two.” “She put things in perspective for me in a way that made me really think about others. My abuelita and my mom really instilled a service-oriented…
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Colorado justices weigh need for tribal engagement in potential ‘Indian child’ cases
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Members of the Colorado Supreme Court on Wednesday considered whether state law requires tribal nations to be contacted when a child in a welfare case potentially falls under the longstanding protections afforded to American Indian children, but the evidence of tribal lineage is still minimal. Congress enacted the Indian Child Welfare Act of 1978 (ICWA) to…
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Judge tells defendant, feds that he cannot legally accept American Indian man’s guilty plea
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Breaking with his colleagues in other states, a federal judge has told the government and an American Indian defendant in Colorado that he cannot accept the parties’ plea deal because Congress has not authorized him to consider the offense. The March 2 decision of U.S. District Court Senior Judge Robert E. Blackburn to reject the…
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Justices abandon ‘Indian child’ case, but with more potentially on horizon
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Less than two weeks before the justices were scheduled to hear oral arguments, the Colorado Supreme Court dismissed as moot a case that questioned what, specifically, government agencies have to do when there is information suggesting a child in a custody matter is American Indian. Under the Indian Child Welfare Act of 1978 (ICWA), tribal…
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Claims of tribal heritage not enough to trigger ‘Indian child’ protections, state justices say
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Family members’ assertions that a child has American Indian heritage are insufficient to trigger the longstanding federal protections for tribal children in welfare proceedings, the Colorado Supreme Court ruled on Monday. The justices resolved an issue that has split the state’s Court of Appeals and focused attention on a key section of the Indian Child…
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10th Circuit orders resentencing for brutal assault after judge’s error
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Although the federal appeals court based in Denver rejected nearly all arguments from a man convicted of brutally beating his wife into unconsciousness, it conceded the trial judge had improperly sentenced him at a higher level than guidelines allow. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit vacated the 30-year…
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Is naming a tribe enough? State Supreme Court weighs when federal Indian child law applies
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Congress enacted the Indian Child Welfare Act more than 40 years ago to combat the forcible removal of American Indian children from their homes for placement into non-tribal families and institutions. In doing so, the law recognized tribal nations have an interest in state courts’ custody proceedings involving their members. Now, the Colorado Supreme Court…
