CALIFORNIA INDIAN LEGAL SERVICES

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Presentation transcript:

CALIFORNIA INDIAN LEGAL SERVICES DOROTHY ALTHER, EXECUTIVE DIRECTOR OCTOBER 10, 2019

WHO AND WHERE WE ARE Established in 1967 as an offshoot of California Rural Legal Services (52 yrs.) Statewide program 110 federally recognized tribes and approximately 40+ unrecognized tribes 4 offices—Eureka (north), Sacramento (central), Bishop (eastern) and Escondido (south) Soon to have 11 lawyers including me Serve low income Native Americans and tribes (group eligibility) and tribal organizations Fee for Service with tribes who are not low income and individuals with unique Indian law legal issues

Why Fee for Services LSC funding cut backs Tribal gaming open new area of Indian law Gaming brought lots of attorneys who were “Indian” law experts (not) CILS’ established relationships with tribes and experience with tribal governments made tribes want to stay with CILS Could not provide assistance with LSC funding Contracting was the option

LSC Regulations 45 C.F.R. § 1610.2(d) “Non-LSC funds” means funds derived from a source other than the Corporation: 1. IOLTA (deemed “public funds’)—restricted 2. Private funds—derived form an individual or entity other than a government source or LSC--restricted 3. Public funds—non-LSC funds derived from a federal, state, or local government or instrumentality of a government (this includes IOLTA)-- restricted 4. Tribal funds—funds received from an Indian tribe or [funds] from a private nonprofit foundation or organization for the benefit of Indians or Indian tribes---UNRESTRICTED

Nature of Our Contract Work Tribal representation in state dependency cases where ICWA is applicable Tribal Government work: Tribal court development Tribal Court Judge Tribal law enforcement Enrollment Ordinance Housing policy and procedures (evictions) Economic Development Oversee tribal elections Grant writing Code drafting (everything) Community Education Litigation—defense and initiation Education Exclusions Assignments disputes

Nature of Our Contract Work Individuals—wills and land (allotment) issues Indian Organizations: Indian Health Clinics Indian Housing Authorities Indian Water Commissions Indian Cultural Committees Indian Community College and Foundation

Unrestricted Funds Funds from contracting has allowed CILS to provide more free legal services; Do restricted work such as introduce and lobby for legislation, do prisoner rights cases, submit comments to proposed regulations and legislation, etc.; Has built a solid financial base for CILS to weather LSC and other funding cuts when they happen; Broadens attorney Indian law experience to beyond “basic field” work.