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The official publication of the Riverside County Bar Association

October 2012 • Volume 62 Number 9 MAGAZINE

RiversideCounty LAWYER

Riverside County Bar Association4129 Main St., Ste. 100, Riverside, CA 92501RCBA 951-682-1015 LRS 951-682-7520www.riversidecountybar.com rcba@riversidecountybar.com

Prsrt stdus Postage

paidPermit #1054riverside, Ca

BOARD OF DIRECTORS:

Christopher G. Jensen, President

Michelle Ouellette, Vice President

David G. Moore, Chief Financial Officer

Judith A. Runyon, Secretary

James O. Heiting, Director-at-Large

Harry H. Histen, Director-at-Large

Michael G. Kerbs, Director-at-Large

Elliott S. Luchs, Director-at-Large

Chris Harmon, RCBA President

www.rcbadrs.org

In This Issue:

Jurisdiction in Riverside County’s Indian Country

Life After Patchak: What Does It Mean for Tribal Gaming in California?

Tribal Benefits and Child Support

Indian Water Rights: The Waters Doctrine and Emerging Issues

Finding Native American Law

The Willie Boy Manhunt

CEQA: A Vehicle for Consideration and Protection of Native American Traditional Cultural Properties and Cultural Landscapes

Employment Law and Tribal Sovereignty: State and Federal Employment Laws Applied to Tribal Employment

California Indian Legal Services

Native American Tribe Members and Bankruptcy: Who Gets the Tribal Distributions?

22 Riverside Lawyer, October 2012

“What is Indian Legal Services?” This is the ques-tion I am most often asked after I tell people I work at California Indian Legal Services (CILS). It is difficult to respond briefly, as there is much history behind the creation of Indian legal services, not to mention the 45 years of history behind CILS. Indian legal services programs have been funded for over five decades by the Legal Services Corporation, based on recognition of the need to fund specialized legal services for Native Americans. This need is further advanced by the federal government’s recognition of a special obligation to trib-al governments and peoples to ensure they have access to attorneys that are trained to address their unique legal needs within Indian country and beyond. These unique legal needs are born out of the status of tribes as governments with inherent powers to make decisions about their own affairs. A mix of tribal, federal, and, in many cases, state law makes for lengthy representation, often in remote areas of the country where poverty and inadequate social services continue to exist.1

Founded in 1967 by California Indian leaders and public interest attorneys, CILS is the first not-for-profit law firm devoted exclusively to the cause of Indian rights in California. Governed by a 13-member Board of Trustees and supported by California tribes and Indian organizations, CILS has provided free and low-cost legal services to California tribes and Indian individuals throughout the state for 45 years. CILS operates four offices throughout California, providing services over the entire state. Escondido currently houses both the principal administration of CILS as well as a field office, and additional field offices are located in Bishop, Eureka and Sacramento. Our mission is to protect and advance Indian rights, foster Indian self-determination, and facilitate tribal nation-building.

CILS is a well-established and respected Indian rights organization that has achieved major successes for California Indians, such as restoring federal recogni-tion for dozens of tribes, building the capacity of tribal governments to develop and sustain effective tribal jus-tice systems, and providing essential assistance to low-income Indians. CILS has worked with virtually every

1 National Association of Indian Legal Services, Legal Needs and Services in Indian Country (2008) 1.

tribe in California and thousands of individuals and is nationally known as a leader in Indian legal services.

The last ten years have been especially productive for CILS. It has implemented various project groups that address issues specific to Indians, including the Indian Child Welfare Act (ICWA), tribal governance, trust land issues, such as the American Indian Probate Reform Act, fiscal and taxation issues, and Indian education issues.

Specifically, the ICWA Project completed and pub-lished the June 2012 edition of our California Judges’ Benchguide on the Indian Child Welfare Act, incorpo-rating information about a new law regarding tribal customary adoptions that took effect on July 1, 2010. As this new law makes its way through the courts, it will bring new questions into the mix of juvenile proceed-ings involving ICWA. Another recent addition to the guide was the inclusion of information about SB 678, recent legislation aimed at improving ICWA compli-ance in California. CILS’ attention will now return to the completion of an ICWA worker handbook, a guide for tribal ICWA workers in state court dependency/delinquency proceedings, with expected publication in early 2013. Additionally, ongoing needs and demands include training and other efforts throughout the state to increase knowledge of and compliance with ICWA, a statewide effort CILS is committed to via our participa-tion in state and county roundtables, conferences, and community-based presentations.

Our Tribal Governance Project provides services for tribal courts and overall tribal justice development and implementation efforts across the state, with a focus on statewide tribal communication and interaction, via education and training and assistance with the ongo-ing development and facilitation of regional consortia surrounding tribal justice issues. By providing direct assistance on tribal governance infrastructure to tribes and tribal consortia, such as tribal code and policy and procedure drafting, tribes are better positioned to move forward with developing and expanding their tribal courts, tribal law enforcement, and related departments. Tribal justice development continues to be a significant need in the California Indian community to ensure safety and access to justice for tribal members.

by Devon Lee Lomayesva

California indian legal serviCes

Riverside Lawyer, October 2012 23

Our Trust Assets and Probate Project concentrates on the delivery of community education on the law and regulations gov-erning Indian probate and the inheritance of trust assets, most notably under the American Indian Probate Reform Act, as well as providing will-drafting services to California Indians and Indian people with California trust land, in order to protect California Indian trust lands and other trust assets. CILS has provided numerous training sessions throughout the state and drafted dozens of wills.

Our Fiscal and Taxation Project rou-tinely develops and updates community education resources regarding Indian taxa-tion issues pertaining to tribes, tribal busi-nesses and Indian individuals. We also offer annually our highly successful ICAN com-ponent, which provides tax services to indi-gent Indian individuals. Recent changes in state regulations and practices have created a need for new development and revision of CILS’ key education materials that have a significant impact on individual tribal members and tribal businesses.

The Indian Education Project develops community education resources regarding Indian education issues as well as provides education and assistance to tribes, indi-vidual Indians and community and parent groups regarding state and federal law and policy in the area of education law, includ-ing special education issues, tribal funding issues, and overall tribal rights.

CILS is committed to continuing our goal of ensuring that the rights of California tribes and individual Indians are protected. As we celebrate our 45th anniversary this year, we reflect on our impact on the com-munity and those who have made it pos-sible for us to continue the delivery of vital legal services to the California Indian com-munity. We invite you to learn more about CILS by visiting our website at calindian.org.

Attorney Devon Lee Lomayesva is the Executive Director of California Indian Legal Services.

22nd ANNUAL RED MASS

Tuesday, October 16, 2012, at 6:00 p.m.

SAINT FRANCIS DE SALES CATHOLIC CHURCH4268 Lime Street, Riverside

The entire legal community and persons of all faiths are invited to attend the 22nd annual Red Mass on Tuesday, October 16, 2012, at 6:00 p.m. The mass will be held at Saint Francis de Sales Catholic Church, which is located at 4268 Lime Street, Riverside, 92501, across the street from the California Court of Appeal, Fourth District, Division Two. The chief celebrant will be the Most Reverend Rutilio del Riego, the Auxiliary Bishop of the Diocese of San Bernardino. The homilist will be the Very Rev. David Andel, Judicial Vicar. Immediately following the mass, there will be a complimentary dinner reception in the parish hall hosted by the Red Mass Steering Committee.

The Red Mass is a religious celebration in which members of the legal community of all faiths invoke God’s blessing and guidance in the administration of justice. All who are involved in the judicial system, including lawyers, judges, legal assistants, court personnel, court reporters, court security officers, and peace officers, are encouraged to attend the Red Mass.

Michael A. Scafiddi Will Be Honored with the Saint Thomas More Award

Michael A. Scaffiddi will be honored with the Saint Thomas More Award for his extraordinary service and devotion to church, community, and justice. The Saint Thomas More Award is given to attorneys and judges in the community whose professional life is a reflection of their faith, who give hope to those in need, who are kind and generous in spirit, and who are exemplary human beings overall. The Honorable John M. Pacheco will present the award.

The Tradition of the Red Mass

The Red Mass is celebrated each year in Washington, D.C., where Supreme Court justices, members of Congress, and the President attend at the National Shrine of the Immaculate Conception. Since 1991, the Red Mass has been offered in the Diocese of San Bernardino, which covers both Riverside and San Bernardino Counties. For further information about this event, please contact Jacqueline Carey-Wilson at (909) 387- 4334 or Mitchell Norton at (909) 387-5444.