Can Washington Afford to Re-elect Justice Richard Sanders?

In 2005, former Washington State Supreme Court Justice Richard Sanders, who is again running for the Court this fall, stated: “[N]o private person or group can possibly threaten judicial independence because the independence about which we speak is independence from the executive and legislative branches of government—not independence from the private sector.” “Judge-Election System Works Well,” The Seattle Times, Aug. 9, 2005.

Sanders’ position approaches the slippery slope toward partisan state judicial elections, which the Ninth Circuit Court of Appeals endorsed earlier this month under the auspices of the U.S. Supreme Court's Citizens United decision. Sanders County Republican Committee v. Bullock, No. CV-12-00046 (9th Cir., Sept. 17, 2012).

However, under no circumstance should we allow our state to go down that slide. According to a recent empirical study, when judges are elected in partisan elections, “every dollar of direct contributions from business groups is associated with an increase in the probability that the judges will vote for business litigants.” Michael S. Kang & Joanna Shepherd, “The Partisan Price of Justice: An Empirical Analysis of Campaign Contributions and Judicial Decisions,” 86 N.Y.U. L. Rev. 69 (2011).

Indeed, Justice Sandra Day O’Connor wrote upon her retirement: “When you enter one of these courtrooms, the last thing you want to worry about is whether the judge is more accountable to a campaign contributor or an ideological group than to the law.” “Take Justice off the Ballot,” The New York Times, May 22, 2010.  Partisan judicial races will only compound this problem.

Even though partisan judicial races are not yet allowed in Washington State, we in the Evergreen State need to now ask ourselves: Should we be worried that if Richard Sanders is re-elected to the State Supreme Court, he would be more accountable to business groups than to the rule of law? I think so.  Put differently, can the average Washingtonian afford to elect him?  I think not.

Gabriel "Gabe" Galanda is a partner at Galanda Broadman PLLC, of Seattle, an American Indian owned law firm.  He is an enrolled member of the Round Valley Indian Tribes of Covelo, California.  Gabe serves as a Quinault Nation Court of Appeals Judge and a tribal administrative law judge for other tribes, as well as mediates and arbitrates Indian Country-related disputes. Gabe can be reached at 206.691.3631 or gabe@galandabroadman.com.

Gabe Galanda Addresses NAFSA Regarding Tribal Online Lending Precautionary Defense Measures

Today, Gabe Galanda addressed the Native American Financial Services Association (NAFSA), in a presentation titled, "A Quick History Lesson: Foundational Elements of Tribal Sovereignty, Tribal Self-Governance and the Government to Government Mandate." He delivered his remarks (slides here) at the Tribal Government Online Lending Symposium Presented by the Online Lending Association and NAFSA. Gabe specifically discussed notions of inherent sovereignty and preemptive consultation as means of countervailing federal and state attacks against tribal online lending activities.

Gabriel "Gabe" Galanda is a partner at Galanda Broadman PLLC, of Seattle, an American Indian owned law firm.  He is an enrolled member of the Round Valley Indian Tribes of Covelo, California.  Gabe assists tribal governments and businesses in all matters of tribal economic development and diversification, including entity formation and related tax strategy. He also helps tribes and tribal businesses and joint ventures withstand attack from federal, state and local government. Gabe can be reached at 206.691.3631 or gabe@galandabroadman.com.

Gabe Galanda Republishes Tribal Economic Diversification Paper

Gabe Galanda published an updated version of his paper, "The Business Case for Private Investmentand Development in Indian Country," at the 12th Annual Native Nations Law Symposium that was held on the Kickapoo Reservation in Kansas on September 14th. He added new topics such as several federal Indian Country tax incentives that Congress has allowed to expire, as well as the HEARTH Act. He originally published the paper at RES 2011, at the request of the U.S. Department of the Interior's Office of Indian Energy and Economic Development.

[W]hile state and local governments struggle to make ends meet [amidst the Great Recession], tribal governments have largely avoided economic catastrophe. Fueled by the $26 billion Indian gaming industry, Indian Country is generally faring much better than neighboring local economies since the recession took hold in 2008. Ironically, not having property tax bases to begin with, most tribal governmental revenues have remained stable. Many tribes are avoiding complacency; they recognize that the Indian gaming industry will not sustain its exponential growth over the last decade. The inevitable legalization of Internet gaming and, in some jurisdictions, commercial land-based gaming, will eventually put a major dent in Indian Country’s bottom line. As such, tribal governments are more than ever looking to diversify their economies.

Where tribes bring a staggering array tangibles like land and location, and intangibles like sovereignty, relaxed red tape and tax exemption, their corporate business partners bring proven industry expertise and new capital to the reservation. Whether through a joint venture between a tribe and a non-Indian business, a tribal land lease to a non-tribal company, or a tax credit investment – all of which are contemplated below – there are an abundance of very advantageous reservation development deals for Corporate America to symbiotically explore with tribes at this time in our nation’s history. The time is now for tribes to leverage these advantages to create new economic and job opportunities on their reservations.

Gabriel "Gabe" Galanda is a partner at Galanda Broadman PLLC, of Seattle, an American Indian owned law firm.  He is an enrolled member of the Round Valley Indian Tribes of Covelo, California.  Gabe assists tribal governments and businesses in all matters of tribal economic development and diversification, including entity formation and related tax strategy. Gabe can be reached at 206.691.3631 or gabe@galandabroadman.com.

Ryan Dreveskracht Warns Indian Country About the STOP Act

Today, Ryan Dreveskracht spoke about the disastrous implications for Indian Country associated with the STOP Act, at the "Knowledge is Power! 2012 Tribal Tobacco Tax Training and Seminar" sponsored by HCI Distribution at WinnaVegas Casino Resort located in Sloan, Iowa. His PowerPoint slides can be downloaded here.

Ryan Dreveskracht is an Associate at Galanda Broadman PLLC, of Seattle, an American Indian majority-owned law firm. His practice focuses on representing businesses and tribal governments in public affairs, energy, gaming, taxation, and general economic development. He can be reached at 206.909.3842 or ryan@galandabroadman.com.

Federal Indian Country Tax Incentives Expire

Amidst partisan gridlock in the Beltway over national tax policy, Congress has allowed several tax incentives designed to attract private development and jobs to Indian Country, to expire. Others will expire unless Congress acts. Indeed, amidst much election-year debate about the American small business sector and middle class, Indian Country's private sector and hope for a robust middle class has been forgotten by Congress.

-- The accelerated depreciation program, which allows manufacturers with facilities in Indian Country to use shorter recovery periods when calculating depreciation deductions for production equipment, has been unavailable since January 1, 2012. Legislation has been introduced that would reauthorize the provision until 2014. S. 3521, 112th Cong. § 211 (2012); H.R. 6240, 112th Cong. § 201 (2012).

-- The Indian Employment Tax Credit, which provides businesses with an incentive to hire individuals who are enrolled members of an Indian tribe (or the spouse of an enrolled member) and who live on or near an Indian reservation, expired on December 31, 2011. Legislation has been introduced that would retroactively extend the program to December 31, 2013. S. 3521, 112th Cong. § 204 (2012).

-- The Low-Income Housing Tax Credit Program, through which tax credits are available for low-income housing projects on homes that that were constructed, rehabilitated or acquired since 1986, including those in Indian Country, are currently available to until only September 30, 2011. Legislation has been introduced to extend the credits to January 1, 2014. S. 3521, 112th Cong. § 203 (2012).

-- The Work Opportunity Tax Credit, a federal tax credit incentive for private-sector businesses that hire individuals from twelve target groups who have consistently faced significant barriers to employment, including certain Indians, expired in 2011. Legislation has been introduced that would extend the WOTC to December 31, 2013. S. 3521, 112th Cong. § 209 (2012).

Indian Country must urge that these tax incentives be extended so that tribal governments can continue to attract private capital and create new jobs for tribal members and neighboring communities. Between now and November any calls to Capitol Hill will likely fall on deaf ears. But come after the election, tribal constituents should call their Delegation to urge that Indian Country's tax and job needs not be forgotten.

Gabriel "Gabe" Galanda is a partner at Galanda Broadman PLLC, of Seattle, an American Indian owned law firm.  He is an enrolled member of the Round Valley Indian Tribes of Covelo, California.  Gabe assists tribal governments and businesses in all matters of tribal economic development and diversification, including entity formation and related tax strategy. Gabe can be reached at 206.691.3631 or gabe@galandabroadman.com.

Anthony Broadman Co-Chairs Annual Ad Law Conference

Anthony Broadman, the current Chair of the WSBA Administrative Law Section, will co-chair, the "Advocacy in Administrative Law" conference in Seattle on October 24, 2012. Earlier this year, he published a chapter, "Administrative Law in Washington State Indian Country" in the Section’s Washington Administrative Practice Manual -- an authoritative text on administrative law in Washington Indian Country.

Anthony Broadman is a partner at Galanda Broadman PLLC. He can be reached at 206.321.2672, anthony@galandabroadman.com, or via www.galandabroadman.com.

Indian Civil Rights Lawyers

We represent Indians and others in civil rights matters, especially against the United States, state government and private entities. Our experience includes:

-- Suing the United States pursuant to the Administrative Procedures Act (APA) for violation of Indian Treaty, land and related civil rights.

-- Suing the United States pursuant to the Federal Tort Claims Act (FTCA) for claims resulting from tortuous acts or omissions arising from self-governance or "638" contractual functions.

-- Suing federal, state, county and city police officers for Section 1983 and other claims related to excessive use of force and other forms of racial discrimination and retaliation against Indians.

-- Suing public and private health care providers for discriminating against Native Americans.

-- Suing public and private defendants for the wrongful death of or serious injury to Native Americans.

-- Suing public and private employers for racial, religious and other discrimination against Indians.

If you or a loved one's civil rights have been violated, call us.