Blog — Galanda Broadman

National Historic Trauma Conference Featured "Citizenship, Disenrollment and Trauma"

Deron Marquez, Ph.D., former Chairman of the San Manuel Band of Mission Indians, delivered the keynote address at a powerful inter-tribal conference, "Historic Trauma: Healing the Future."

The conference was held in Southern California, where disenrollment has always burned the hottest. As Ramona Band of Cahuilla Indians Chairman Joseph Hamilton explained recently:

In Southern California, where my tribe calls home, disenrollment is common, in part because of big gaming revenues and internal power struggles. It is also a symptom of the breakdown of traditional tribal power structures. Simply put, some tribal leaders listen to lawyers instead of elders.

The conference location---in the middle of So. Cal. Indian Country---was itself powerful.

The conference was hosted by the Riverside-San Bernadino-Riverside County Health, which dovetails beautifully with the recent Resolution and published studies by the Association of American Indian Physicians.

Last year, the Association disavowed disenrollment and the resulting loss of cultural identity, which "leads to grief, depression, anxiety and more serious mental health problems [for] American Indian and Alaska Native people."

The tide continues to rise against disenrollment.

Gabe Galanda is the managing lawyer of Galanda Broadman, PLLC, an American Indian-owned law firm with office in Seattle and Yakima, Washington and Bend, Oregon.  Gabe descends from the Nomlaki and Concow Tribes, belonging to the Round Valley Indian Confederation.

 

 

Unwarranted: Violating the Federal Indian Arts & Crafts Act

As you can see from this image from a 2013 Settlement Agreement with the United States, Pendleton Woolen Mills is a known tribal cultural appropriator---and federal law violator:

As I recently explained through the Indian Country Today Media Network:

Pendleton Woolen Mills, a 100% non-Indian owned company that currently markets 290 products as “Native American,” including 233 as “Native American Inspired.”  But with the exception of 15 of 120 wool blankets, Pendleton’s products appear to be non-Indian made.

Having been dinged by the Federal Government for violation of the federal Indian Arts and Crafts Act, Pendleton now advertises its non-Indian made products as "Native American Inspired." But that untruthful advertising tagline, too, violates the Act.  25 U.S.C. 305e; 25 C.F.R. 309(24)(2). 

Problematically, Pendleton does so with the blessing of our Trustee, the United States:

This is not moral or just, on multiple levels.  This is unwarranted.  Nor is it what Congress has intended since 1935.  It is time to reinvigorate the Indian Arts and Crafts Act.

Gabe Galanda is the managing lawyer of Galanda Broadman, PLLC, an American Indian-owned law firm with office in Seattle and Yakima, Washington and Bend, Oregon.  Gabe descends from the Nomlaki and Concow Tribes, belonging to the Round Valley Indian Confederation.

 

Gabe Galanda Quoted by Wall Street Journal Regarding Tribal Indigent Defense Counsel

Yesterday the Wall Street Journal quoted Gabe Galanda in "High Court Finds No Federal Right to Counsel in Indian Territories":

Unless the defendant is a non-Indian or is facing more than a year in jail [in keeping with the 2013 Violence Against Women Act Reauthorization and the Tribal Law and Order Act of 2010, respectively], there is no federally mandated right to counsel, but many tribes do provide counsel to indigent defendants as a matter of tribal law, said Gabriel Galanda,  Seattle attorney who practices in Indian country.

The VAWA Reauthorization expanded a tribe's ability to assert jurisdiction over non-Indians in certain circumstances, but the defendant must be provided counsel.

The Tribal Law and Order Act changed the maximum sentence a tribe may impose from one year to three years, but the expanded sentencing authority applies only when a defendant has been provided "the right to effective assistance of counsel at least equal to that guaranteed by the United States Constitution."

 

Joe Sexton Named "Rising Star" in American Indian Law

Tribal lawyer Joe Sexton has been honored by Super Lawyers magazine as a “Rising Star” in the field of Native American Law.  

Joe is Of Counsel with Galanda Broadman, heading up the firm's Yakima, Washington office.  His practice focuses on tribal sovereignty issues, primarily environmental justice and cultural property protection.

Joe also advocates for tribal members in disenrollment or civil rights defense. He has also successfully represented tribal members and their families in catastrophic injury cases, securing favorable settlements.

Prior to joining Galanda Broadman, Joe worked in-house for the Confederated Tribes and Bands of the Yakama Nation.  He received his Juris Doctor degree from the University of Arizona College of Law, and a U.S. Marine Corps veteran.

Galanda Broadman, “An Indian Country Law Firm,” is dedicated to advancing tribal legal rights and Indian business interests.  The firm, also with offices in Seattle, Washington and Bend, Oregon, represents tribal governments, businesses and members in critical litigation, business and regulatory matters, especially in matters of Indian Treaty rights, tribal sovereignty and jurisdiction, taxation, gaming, environmental justice, and civil rights.