Hedden-Nicely, Dylan R.

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University of Idaho College of Law

UIdaho LawDigital Commons @ UIdaho LawArticles Faculty Works9-2018Welcome from the Chair of the Indian Law SectionDylan R. Hedden-NicelyUniversity of Idaho, College of Law, dhedden@uidaho.eduFollow this and additional works at: https://digitalcommons.law.uidaho.edu/faculty_scholarshipPart of the Indian and Aboriginal Law CommonsThis Article is brought to you for free and open access by the Faculty Works at Digital Commons @ UIdaho Law. It has been accepted for inclusion inArticles by an authorized administrator of Digital Commons @ UIdaho Law. For more information, please contact annablaine@uidaho.edu.Recommended Citation61(9) Advocate 23 (2018)Welcome from the Chair of the Indian Law SectionDylan R. Hedden-Nicelyn behalf of the Indian LawSection of the Idaho State Bar,welcome to the Septemberedition of The Advocate. It hasbeen my honor to serve on theBoard of the Indian Law Section forthe last five years; first as Vice-Chairand for the last two years as Chair ofthe section. I am privileged to havethe opportunity to work with Vice-Chair Jason Brown and Secretary/Treasurer Peter Smith; as well as withseveral outstanding staff at the IdahoState Bar including Diane Minnich,Mahmood Sheikh, and Dayna Ferre-ro. Thank you to everyone for theirsupport of the Indian Law Section.The Indian Law Section is smallbut active. It is diverse in both com-position and geography. Our mem-bers represent Indian tribal govern-ments, agencies, and people; stateand federal governments; as well asnon-profit organizations and privateindustries that work within IndianCountry. Geographically, our mem-bers reside throughout the WesternUnited States but are principallylocated on or near one of the ap-proximately ten Indian reservationsin or near the borders of the State ofIdaho.The Indian Law Section last spon-sored an edition of The Advocate inOctober 2016, on the eve of our lastpresidential election. In his welcomemessage of that edition, my prede-cessor and friend Helo Hancocknoted "[t]he timing of this edition ofThe Advocate is an interesting one . .. . The nation is at a veritable cross-road. There are two distinct choicesbefore the electorate for President ofthe United States and it is clear thateither selection will take our countrydown a new and uncharted path'Much has indeed changed in In-dian Country over the past two years.From Bears Ears National Monu-ment to the Standing Rock Reserva-tion, the change in administrationhas had a strong impact in IndianCountry. There has been a substan-tial change in how the executivebranch views its trust responsibilitytoward Indian tribes. That trust re-sponsibility, and the fallout when itis not honored, is explored by twoof our authors, Ritchie Eppink andDavid DeRoin. In their article, theydiscuss their experience at the Stand-ing Rock Reservation where theydefended protestors of the DakotaAccess Pipeline.Other administrative efforts havebeen more positive for Indian Coun-try. One example is the long-overdueregulations by the Bureau of IndianAffairs regarding the Indian ChildWelfare Act.' Although not partof this edition, Professor ElizabethBrandt will provide an overviewof those regulations, which will beavailable in a forthcoming edition ofThe Advocate.Indian tribes have also been ac-tive in the courtroom over the pastThe Advocate - September 2018 23two years. Since October 2016, theSupreme Court has twice taken upthe question of tribal sovereign im-munity; first, in Lewis v. Clarke' andagain, in Upper Skagit Indian Tribe v.Lundgren.' The Supreme Court alsoaffirmed (4-4) the Ninth Circuit'sdecision in United States v. Wash-ington, which held that the State ofWashington's installation of barrierculverts on salmon and steelheadbearing streams violated a numberof treaties that reserved the right tofish at usual and accustomed places.4Closer to home, the Idaho Su-preme Court has heard two majorcases involving Indian tribes since2016. Most recently, the Court de-cided Idaho v. George, affirming thedecision of the district court that itlacked criminal jurisdiction over adefendant of Indian descent, who-although not an enrolled citizen-was widely recognized to be a mem-ber of the Coeur d'Alene tribal com-munity.sThe Idaho Supreme Court haslikewise provided guidance on theIdaho judiciary's responsibility torecognize tribal court judgments ina recent case entitled Coeur dAleneTribe v.Johnson.' The Idaho SupremeCourt's decision recognizing thattribal court judgments are entitledto comity in Idaho courts is a signifi-cant milestone in the relationshipbetween the State of Idaho and thetribes of the Northwest. Peter Smithand Jillian Caires of Smith + Malek- attorneys for the Coeur d'AleneTribe in that case - have writtenan article to explain theJohnson caseand its effect in our state.Finally, strides continue to be tak-en to encourage Native Americansto join the legal profession and toeducate legal practitioners regardingthe complex field of federal Indianlaw. For the last ten years, the Uni-versity of Idaho has been at the fore-front of this effort. In celebration ofthat milestone, I have written an ar-ticle regarding the University of Ida-ho's Native American Law Program.That article describes the program aswell as its accomplishments over thepast decade, and its continued rel-evance and evolution. It representsa celebration of the next generationof advocates in our State and region.Despite the uncertainty on thenational level, there is much to beexcited about in Indian Country.Indian tribes are quietly buildingtheir homelands, their enterprises,Indian tribes are quietly building their homelands, their enterprises,and their relationships with outside businesses, states, agencies,and non-Indian stakeholders. Native people are stepping intothe fore and taking their place on the political stage.and their relationships with outsidebusinesses, states, agencies, and non-Indian stakeholders. Native peopleare stepping into the fore and tak-ing their place on the political stage.Here, in Idaho, we have a gubernato-rial candidate who would be the firstfemale Native American governor inthe history of the nation. The worldcontinues to turn in Indian Country,and as the articles enclosed in thisedition demonstrate, the laws sur-rounding the relationship betweenstates, tribes, and the federal govern-ment continue to evolve.Endnotes1. 25 C.F.R. § 23 (2017).2.137 S.Ct. 1285 (2017).3. 138 S.Ct. 1649 (2018).4. 853 F.3d 946 (9th Cir. 2017), Aff'd, 138S.Ct. 1832 (2018)5. The opinion is available at: htts://www.isc.idaho.gov/opinions/451 96.pdf(last visited August 16, 2018).6.162 Idaho 754 (2017).24 The Advocate -September 2018

Welcome from the Chair of the Indian Law Section

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Welcome from the Chair of the Indian Law Section

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