Quileute Tribe celebrates discovery of historic rock carving

A fisherman stumbled upon a rock carving that appears to show a legendary battle in Quileute mythology. As historic finds go, it’s “the most important, at least in this modern day” for the tribe.

 

Mark Harrison / The Seattle TimesAn old petroglyph found by a fisherman in the Calawah River was celebrated with a ceremony by a group of Quileute tribal members before it was moved to the tribal headquarters in La Push. State archaeologists authenticated the carving and think it may date to around or before the mid-1700s.
Mark Harrison / The Seattle Times
An old petroglyph found by a fisherman in the Calawah River was celebrated with a ceremony by a group of Quileute tribal members before it was moved to the tribal headquarters in La Push. State archaeologists authenticated the carving and think it may date to around or before the mid-1700s.

 

By Joseph O’Sullivan, Seattle Times Olympia bureau

OUTSIDE OF FORKS, Clallam County — There hadn’t been any good fishing on the Calawah River the day last December when Erik Wasankari and his son Reid found the rock.

It was a damp, cold day when the pair, on their lunch break, saw the rock and walked into the river, which was running shallow, to inspect it.

It was big — about 2 feet in diameter, with a domelike top filled with grooves and small depressions. Reid scraped off some moss so they could see it better.

All Wasankari could make out were “just some triangles and rectangles and shapes,” but he realized they had found something special.

“The symbols that we saw were too unique,” said Wasankari, a 44-year-old contractor who grew up in the area and now lives in Gig Harbor.

The rock they stumbled upon appears to be a carving that depicts a legendary battle in Quileute mythology, according to tribal and state officials.

Chas Woodruff, chairman of the Quileute Nation’s Tribal Council, describes the historic find for the tribe as “ the most important, at least in this modern day.”

Up to 1,000 pounds

When tribal and state officials, including Woodruff and state Commissioner of Public Lands Peter Goldmark gathered Wednesday for a ceremony to celebrate the rock’s discovery, you couldn’t walk across the Calawah River. The mud-tinted river was square in the middle of a storm that was dumping several inches of rain on the region and sending whitecaps and dead trees hurtling downstream.

The rock — which could weigh up to 1,000 pounds — had been hauled up to the river bank by a power winch.

Standing near it just before the ceremony were Lee Stilson and Eugene Jackson. Stilson retired just last week as state lands archaeologist for the state Department of Natural Resources; Jackson is a Quileute tribal member.

The two talked about what they could see on the rock’s surface. Stilson pointed out the head of what is believed to be K’wati, a transformative figure in Quileute mythology. With his finger, Stilson traced K’wati’s head, beak and distinctive comb, and then K’wati’s tongue, which leads to another figure on the rock, believed to be the Red Lizard.

The tongue is a power symbol and weapon for Northwest tribes, Stilson explained. Jackson, who has done some carving himself, agreed.

“Anything that comes out of the mouth is an offensive design — that animal is showing his power,” Jackson said.

Stilson and Jackson wondered if the rock could have been a trail marker.

“On the 1893 General Land Office map, they show a trail here,” Stilson said.

As state archaeologist, Stilson helped authenticate the rock. Whoever carved it used not a metal tool but stone, he said. That means it’s a “pre-contact” artifact, one made before Europeans moved into the region. Stilson guessed it dates to around or before the mid-1700s.

Stilson described such a significant discovery as a gift to end his 44-year archaeological career.

“It’s a phenomenal work of art,” he said, more than once.

Jackson’s connection is more personal. He said the rock could have been moved downstream over the centuries from land where his ancestors lived. And he brought his 7-year-old son, Frank, to see the carving and show him “who he is, where he comes from.”

“Bad monster”

The Red Lizard, according to Quileute legend, made his home near the narrowest point of land between the Calawah and Sol Duc rivers and stopped people using it as a shortcut from one to the other. K’wati, a figure of good who was known as the “transformer” and turned the Quileutes from wolves into people, eventually killed the Red Lizard, who had a much poorer reputation.

“He was a very bad monster … his urine, actually, if you stepped on it, it would kill you,” Quileute Tribal Councilman Justin “Rio” Jaime told those gathered at the ceremony.

The rock will go on display in La Push, as a welcome addition to help tell the tribe’s history. Of this, the Quileute don’t have much — in the late 1880s, a European settler set La Push afire. Along with homes and fishing equipment, the tribe lost almost all its pre-contact artifacts.

But Marion Jackson, Eugene’ Jackson’s younger sister, who also came to the ceremony, doesn’t think of the rock as just something from the past.

“I’m excited,” said Marion Jackson, as she stood just a few feet from it. “I feel like our ancestors are definitely talking to us.”

EPA to Develop Federal Clean Water Standards for Washington, if State Won’t

Courtesy Environmental Protection AgencyThe U.S. Environmental Protection Agency will issue water quality rules to uphold certain levels of fish consumption.
Courtesy Environmental Protection Agency
The U.S. Environmental Protection Agency will issue water quality rules to uphold certain levels of fish consumption.
Terri Hansen, Indian Country Today

 

The U.S. Environmental Protection Agency (EPA) has told the State of Washington it intends to step in to develop a federal plan for the state’s human health water quality criteria as the state did not finalize a plan by year’s end, a deadline EPA gave the state last April.

The EPA’s rulemaking process, in part tied to the human fish consumption rate, will overlap the state’s potential timeline but preserves the EPA’s ability to propose a rule in case the state does not act in a timely manner, EPA regional administrator Dennis McLerran wrote to Department of Ecology head Maia Bellon on December 18.

Related: Toxic Waters: Consumption Advisories on Life-Giving Year-Round Fish Threaten Health

Under the federal Clean Water Act, the state must adopt standards that ensure rivers and major bodies of water are clean enough to support fish that are safe for humans to eat. Washington’s current standard assumes people eat just 6.5 grams of fish a day, or about one filet a month.

Tribal leaders with the Northwest Indian Fisheries Commission, which represents 20 western Washington tribes, met with the EPA’s McLerran in September seeking to step in and set new water-quality rules for the state, after sending Washington Gov. Jay Inslee a letter expressing dissatisfaction with his proposed draft rule change last July.

Inslee’s draft rule would raise the fish consumption rate to 175 grams a day to protect people who eat one serving of fish per day, a figure that tribal leaders accept. But it has taken the state two years to work out the new draft rule in a political push-pull between business interests and human health advocates, which have each missed their own deadlines in the process.

Tribal leaders say they are also “deeply concerned” about a proposal privately advanced by Inslee that would allow a tenfold increase in allowable cancer risk under the law. The EPA letter asks Washington to explain why a change in the state’s long-standing cancer risk protection level is necessary.

Related: Inslee Weighs Tenfold Increase in Cancer Risk for Fish Eaters

The state’s draft rule is now expected in January, but since the EPA believes it can complete a proposed federal rule by August 2015, the state is looking at a limited time period in which to finalize its rulemaking process.

If not, the EPA is prepared to move forward with rulemaking that McLerran wrote considers the best science, and includes an assessment of downstream water protection, environmental justice, federal trust responsibility, and tribal treaty rights.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/12/26/epa-develop-federal-clean-water-standards-washington-if-state-wont-158441

Native American Night Before Christmas: A New Old Tradition [Video]

Jesse T. HummingbirdIllustration by Jesse T. Hummingbird from 'Native American Night Before Christmas'
Jesse T. Hummingbird
Illustration by Jesse T. Hummingbird from ‘Native American Night Before Christmas’

 

Indian Country Today

 

The reading of “A Visit From St. Nicholas,” a poem by Clement Clarke Moore better known by its first line, “Twas the Night Before Christmas,” is a tradition in many households; nearly 200 years after its first appearance, an author and an artist published a version that gave the story an American Indian flair.

Called simply Native American Night Before Christmas, the children’s book featured words by Gary Robinson (Choctaw and Cherokee) and images by Jesse T. Hummingbird (Cherokee). It was published by Clearlight Books, and was the Silver winner of the Moonbeam Children’s Award.

Here’s a short video of the poem, in which Old Red Shirt (Santa Claus) rides a sleigh pulled by bison and distributes frybread. It’s read by former Native America Calling radio host Harlan McKosato, with music by recent NAMA lifetime Achievement Award winner Jim Boyd. Gather round…

 

 

Read more at http://indiancountrytodaymedianetwork.com/2014/12/24/native-american-night-christmas-new-old-tradition-video-158444

Conservation Group Collects Christmas Trees For Salmon Habitat

Members of the Tualatin Valley chapter of Trout Unlimited toss used Christmas trees into a side channel of the Necanicum River on the Oregon Coast. | credit: Michael Ellis
Members of the Tualatin Valley chapter of Trout Unlimited toss used Christmas trees into a side channel of the Necanicum River on the Oregon Coast. | credit: Michael Ellis

 

By Cassandra Profita, OPB

 

Most Christmas trees get kicked to the curb and ground up into mulch after the holidays. But a Portland-area conservation group is trying to change that.

The Tualatin Valley chapter of Trout Unlimited has found used Christmas trees make great salmon habitat when placed in coastal waterways.

Next month, they’re launching the third year of a program they call Christmas for Coho. They’ll collect used Christmas trees on three Saturdays in January and place them in the Necanicum River, coastal stream in northwest Oregon.

There, once submerged in water, the dying trees will take on a whole new life.

Michael Ellis, the group’s conservation director, said the trees provide valuable woody debris that salmon can use to hide from predators.

“It’s pretty incredible. We’ll be putting trees into the Necanicum River and you can actually observe fish flocking to these trees,” he said. “They’re just looking for this kind of cover.”

The trees also feed microorganisms that attract other critters for baby salmon to eat before they head out to sea.

Coho Sanctuary is one of the wetlands where the group has placed trees. Its owner captured underwater videos of young coho salmon swimming through the habitat.

Ellis said the group has found lamprey and other wildlife using the habitat, too.

“We’ve seen salamander egg masses being laid on the Christmas trees,” he said. “So we believe it’s really enriching the environment quite a bit for just about everything that uses the wetland. It’s pretty neat, really.”

Ellis’ group will be collecting used Christmas trees on January 3, 10 and 17 from 9 am to 4 p.m. at two fly-fishing shops: Northwest Fly Fishing Outfitters in Portland and Joel La Follette’s Royal Treatment in West Linn.

The group requests a $10 donation to cover the cost of transporting the trees.

Cladoosby: Tribes will revisit pot after feds’ ruling

William Keeney talks about the variety of cannabis plants he is raising at his marijuana growing facility on Thursday, Dec. 6, in Sedro-Woolley. Keeney, who owns Dank Dynasty, began growing marijuana as a medical marijuana producer, but has since transferred his business over to a fully commerical operation. Brandy Shreve / Skagit Valley Herald
William Keeney talks about the variety of cannabis plants he is raising at his marijuana growing facility on Thursday, Dec. 6, in Sedro-Woolley. Keeney, who owns Dank Dynasty, began growing marijuana as a medical marijuana producer, but has since transferred his business over to a fully commerical operation. Brandy Shreve / Skagit Valley Herald

 

By Mark Stayton, Skagit Valley Herald

 

Newly licensed marijuana business owners could find themselves with some unexpected competition.

A new federal policy on pot has opened new business options for Native Americans, and the Swinomish are ready to take a look.

The Swinomish Indian Tribal Community will consider the possibilities at a meeting the first week of January, said Swinomish Chairman Brian Cladoosby, following a policy statement recently released by the U.S. Department of Justice.

“We haven’t had an intelligent discussion on it,” said Cladoosby. “It’s definitely something we’d like to look into.”

Meanwhile, marijuana business owners recently licensed under the state Initiative 502 wonder what the impacts will be if marijuana is grown or sold on tribal land, outside of the state-managed system that created a limited number of permits for different processing and retail operations.

Skagit County’s first recreational weed retail store opened in September after the owners were chosen in a lottery that included many months of wrangling for permits and approvals.

“I would think it would negatively impact my business,” said William Keeney, owner of Dank Dynasty, a small marijuana producer and processor in Sedro-Woolley that opened less than two months ago. “I would think that’s going to be hard to compete with.”

A memorandum from the Justice Department has opened the door for Native American tribes seeking to grow and sell marijuana on tribal lands, provided they follow federal guidelines adopted by states that have legalized it.

Priorities for U.S. attorneys listed in the memorandum centered on prevention of serious marijuana-related threats such as trafficking, the funding of gangs and cartels, drugged driving and violence.

The potential for revenue, as well as public health hazards, will need to be assessed by each tribe individually, said Cladoosby, who is also president of the National Congress of American Indians and president of the Association of Washington Tribes.

Cladoosby said the potential for millions if not billions of dollars in revenue might be possible for tribes in Washington alone. Swinomish tribal leaders will review the situation at an upcoming meeting and seek legal advice, he said.

“Even though the state had legalized (marijuana), it is still illegal in tribes. Now we will re-evaluate that to see if that’s something we want to reverse course on,” Cladoosby said.

However, the potential for substance abuse could be a dissuading factor for many tribes, Cladoosby said.

“Native Americans statistically have the highest rates of drug and alcohol abuse of any sector of society,” Cladoosby said. “It’s a tough call for tribal leaders because of that problem.”

The Justice Department will deal with tribes on a case-by-case basis, said Justice spokesman Wyn Hornbuckle.

“Some tribes are very concerned with public safety implications, such as the impact on youths, and the use of tribal lands for the cultivation or transport of marijuana, while others have explored decriminalization and other approaches,” Hornbuckle said in an email.

“Each U.S. Attorney will assess the threats and circumstances in his or her district and consult closely with tribal partners and the Justice Department when significant issues or enforcement decisions arise in this area.”

However, the memorandum states it does not alter U.S. authority or jurisdiction to enforce federal law where marijuana is illegal under the Controlled Substance Act.

The state Attorney General’s Office said Wednesday that it does not consider marijuana legal on tribal lands in Washington but offered no further comment.

The original memorandum, issued by Deputy Attorney General James M. Cole on Aug. 29, 2013, allowed marijuana businesses and the state regulatory system to move forward without fear of federal reprisal, said Brian Smith, spokesman for the state Liquor Control Board.

“It was an assurance for us that we were on the right track, and it brought a sigh of relief from people in the industry, that if they started a business, the government would not swoop in and seize all their assets,” Smith said.

“We didn’t know, when we were building our system, that the federal government was not going to stop this on a dime.”

The Aug. 29 memorandum notes that “jurisdictions must provide necessary resources and willingness to enforce their laws and regulations in a manner that does not undermine federal enforcement priorities.”

If tribes do start growing and selling marijuana, the structure of the industry would determine impacts to businesses licensed under I-502.

Keeney said he would likely go out of business if tribes could sell on Washington’s marketplace at lower prices.

“If the tribes are allowed to do commerce with the state, we’ll probably have to pack it in. I don’t think we could compete with that. The market will become flooded,” Keeney said.

Nate Loving, owner of the Loving Farms retail marijuana store in Mount Vernon, said he believes in tribes’ right to grow and process on their own land, but was unsure how retail sales would be addressed.

“I think it’s a good deal if they want to grow on their own land. Why shouldn’t they be able to do it?” Loving said. “Being that (the Liquor Control Board) already allotted licenses, I don’t know if they’ll add extra stores. They have a set number of licenses.”

Smith said much is still unknown as to how tribal marijuana business would be regulated and which agency would be responsible for it, or how it would integrate with the state’s recreational marijuana system.

He said the board will first need to convene and talk with its attorneys before taking any other action.

“What the memo seems to say is the Cole Memorandum applies to tribal lands the same way it applies to the state. There’s a lot of moving parts that are involved with that,” Smith said. “I don’t think anyone has any or all of those answers yet. I think people were surprised it was as wide open as it was.”

Tulalip Tribes Keep Track of Hatchery Salmon

Tulalip fisheries technicians spawn female chum salmon at the tribes’ Bernie “Kai-Kai” Gobin Hatchery.
Tulalip fisheries technicians spawn female chum salmon at the tribes’ Bernie “Kai-Kai” Gobin Hatchery.

By: Northwest Indian Fisheries Commission

 

Tribal and state co-managers continue to improve their ability to track hatchery salmon in the Snohomish watershed.

Both the Tulalip Tribes’ Bernie “Kai-Kai” Gobin Hatchery and the state’s Wallace River Hatchery recently installed new chillers to better mark hatchery chinook, coho and chum salmon.

“One hundred percent of all Tulalip chinook, coho and chum, and all regional chinook hatchery production, is now marked by location and brood year,” said Mike Crewson, Tulalip salmon enhancement scientist.

By altering the water temperature during incubation, hatchery managers can leave a distinct pattern on each fish’s otolith – a mineral structure often referred to as an ear bone, which accumulates daily rings. When fish return as adults, their otoliths are examined under a microscope to identify where and when they were released.

A portion of Snohomish regional hatchery fish also have coded-wire tags inserted into their snouts for identification in fisheries where otoliths are not examined. Also, adipose fins from most hatchery chinook and coho are clipped, which identifies them as hatchery fish but does not tell fishery managers where they are from.

While both of these methods can be expensive and hard on the fish, otolith marking is a cost-effective way to ensure that all the fish are marked and uniquely identifiable simply by changing the temperature of the water going to the eggs.

Tulalip also has hired additional staff and increased the number of returning fish that are sampled from the spawning grounds and in regional fisheries and hatcheries. Tribal technicians remove the heads of spawned-out fish in rivers and hatcheries, and from a representative number of the catch, and read the otoliths in the tribes’ stock assessment lab.

“We run all the otoliths for the entire area,” Crewson said. “It’s an important tool to assess straying and genetic risk and protect tribal treaty rights.”

Data show a significant reduction in hatchery strays since 2004 when 100 percent of the remaining hatchery chinook production was switched to the local native Skykomish River summer chinook broodstock.

“Our treaty fishing rights depend on these fish,” said Terry Williams, Tulalip’s fisheries and natural resources commissioner. “As long as natural production is limited by habitat loss and damage, we will need hatcheries.”

Washington Court Rules Against Landowners In Skagit Water Rights Case

Richard Fox on his Skagit County property. On Tuesday a judge dismissed a lawsuit brought by Fox and his wife, Marnie, challenging a rule that prevents them from drilling a well. The rule is meant to provide water for spawning salmon during dry months. | credit: Ashley Ahearn / KUOW
Richard Fox on his Skagit County property. On Tuesday a judge dismissed a lawsuit brought by Fox and his wife, Marnie, challenging a rule that prevents them from drilling a well. The rule is meant to provide water for spawning salmon during dry months. | credit: Ashley Ahearn / KUOW

 

By Ashley Ahearn, KUOW

EVERETT, Wash. — A judge ruled against a couple Tuesday after they sued for the right to drill a well and build a new home on their property in Skagit County.

The case marks the latest battle in the ongoing fight over water rights in Washington’s Skagit River valley.

Snohomish County Superior Court Judge George Appel dismissed the case brought by property owners Richard and Marnie Fox. He told the couple that they can’t build a home on their property because they don’t have legal access to water.

That’s because of a 2001 rule that basically says there has to be enough water left in the Skagit River to protect spawning salmon

The courtroom was packed. There were a lot of people who had come in from rural parts of the county because this rule affects a lot of property owners. More than 450 property owners stand to have their property values decreased because of this rule — because they no longer have legal access to water.

Critics of the rule said they are calling on state legislators to reexamine this 2001 rule to see what can be done to reset the balance the interests of property owners with the interests of protecting fish.

57 Affiliated Tribes of Northwest Indians Urge Senate to Nix Sacred Land Giveaway

affiliated_tribes_of_northwest_indians_seal

 

Gale Courey Toensing, Indian Country Today

 

More than 70 tribal nations have urged the U.S. Senate to defeat or remove a section of the 2015 National Defense Authorization Act that would transfer a part of the publicly-owned Tonto National Forest that is sacred to the San Carlos Apache Tribe to a giant international corporation for a massive, environmentally devastating copper mine.

The Affiliated Tribes of Northwest Indians(ATNI), a non-profit Oregon-based organization with 57 member tribes, and the 16-member Great Plains Tribal Chairmen’s Association (GPTCA), have each asked senators not to enact Section 3003, the Southeast Arizona Land Exchange, of the annual must pass defense bill. The GPTCA’s letter is available here. The tribes’ actions are in solidarity with San Carlos ApacheChairman Terry Rambler, who has launched a grassroots campaign to defeat the land swap measure.

RELATED: San Carlos Apache Leader Seeks Senate Defeat of Copper Mine on Sacred Land

RELATED: Re: Raiding Native Sacred Places in a Defense Authorization: Everything Wrong with Congress

“If such a land transfer provision seems out of place in a defense bill, that’s because it is. If the idea of transferring the ownership of federal forestlands to foreign mining companies seems absurd, it’s because that’s true, too,” said Fawn Sharp, President of the Quinault Indian Nationand ATNI and Area Vice President of the National Congress of American Indians.

The Southeast Arizona Land Exchange and Conservation Act is a House bill sponsored by Rep. Paul Gosar (R-AZ). It was tacked on to the annual must-pass NDAAalong with several other land-related bills by Sen, John McCain (R-AZ), according to the Huffington Post. The House approved the land swap bill December 4 and sent it on to the Senate for a vote. If approved by the Senate and signed by President Obama, the land swap provision will allow Resolution Copper Co., a subsidiary of the controversial international mining conglomerate Rio Tinto, to acquire 2,400 acres of the federally protected public land in the Tonto National Forest in southeast Arizona in exchange for 5,000 acres in parcels scattered around the state. The United Kingdom-based privately-owned global mining corporation reportedearnings of copy0.2 billion in 2013, a 10 percent increase over the previous year.

Resolution Copper plans a massive deep underground copper mine on the San Carlos Apache’s sacred landscape and has already begun drilling the shaft in anticipation of the land swap bill’s approval.

RELATED: San Carlos Apache Would Get Biggest Shaft Ever in Copper Mine Land Swap

Letters were sent to Senate Majority Leader Harry Reid, Minority Leader Mitch McConnell and the chairs and vice chairs of the Senate Armed Forces and Indian Affairs committees December 9, asking that the Southeast Arizona Land Exchange and Conservation Act be stricken from the NDAA, ATNI contact Steve Robinson said in a media release.

Sharp noted that the land swap is strongly opposed by tribes, tribal organizations, and other governments and groups from across the country, “and for very good reasons,” she said. “This action, of transferring land out of federal ownership removes it from the Federal Trust Responsibility, which, along with treaty rights, is a primary way the tribes have left to protect our traditional lands from being destroyed.”

Referring to Indian country’s decade-long effort to keep the Apache’s sacred landscape out of the hands of the mining company, Sharp said, “We have had to fight this effort before, and we will keep on fighting it.”

The ATNI passed a resolution opposing the land transfer bill in 2011. There were several efforts to move it last year, but a large bipartisan group of members of the House twice pulled the land swap legislation consideration. “The Land Exchange cannot pass Congress on its own merits,” Sharp said. “Attaching this provision as a rider to NDAA represents the antithesis of democracy.”

Sharp said that the proposed giveaway of tribal sacred areas to foreign corporations “constitutes a violation of trust and a slap in the face of our veterans, past and present. These are sacred lands. All land is sacred to us, but this exchange includes a place of worship known as Oak Flat, which has particularly significant religious, cultural, historical, and archeological value to tribes in the region. The land is eligible for protection under the National Historic Preservation Act.”

But once the land is privatized it is no longer protected by federal laws such as the National Historic Preservation Act, the Archaeological Resources Protection Act, the Native American Graves Protection and Repatriation Act, the American Indian Religious Freedom Act, the National Environmental Policy Act, and Executive Order 13007— Protection of Indian Sacred Sites.

The land swap act also sets a bad precedent, Sharp points out, because it does not allow for any meaningful consultation with tribes and mandates the land transfer within one year of its passage without any studies or environmental impact assessments.

“As if that’s not enough, Resolution Copper would develop a copper mine that will forever destroy the tribes’ religious practices by irrevocably harming the region’s water supply and quality,” Sharp said. “At what point do human rights and justice stop taking a backseat to profiteering in this country?”

The ATNI was formed in 1953 and is the largest regional Indian organization in the country dedicated to tribal sovereignty and self-determination. ATNI represents tribal governments from Oregon, Washington, Idaho, Northern California, Southeast Alaska, and Western Montana.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/12/12/57-affiliated-tribes-northwest-indians-urge-senate-nix-sacred-land-giveaway-158266

Whatcom’s new Superior Court judge has tribal background

Raquel Montoya-Lewis, shown in her office at Fairhaven College in 2011, was appointed to a new seat on the Whatcom County Superior Court by Gov. Jay Inslee on Monday, Dec. 15, 2014.RHYS LOGAN | WWU — Courtesy to The Bellingham Herald
Raquel Montoya-Lewis, shown in her office at Fairhaven College in 2011, was appointed to a new seat on the Whatcom County Superior Court by Gov. Jay Inslee on Monday, Dec. 15, 2014.
RHYS LOGAN | WWU — Courtesy to The Bellingham Herald

 

By Ralph Schwartz, Bellingham Herald

 

Whatcom County will have its first Native American Superior Court judge in 2015.

When Raquel Montoya-Lewis begins her term in January, she also will be the only Superior Court judge of tribal descent in the state.

Gov. Jay Inslee announced Monday, Dec. 15, he had appointed Montoya-Lewis to Whatcom County Superior Court. Montoya-Lewis, 46, is from the New Mexican tribes Pueblo of Laguna and Pueblo of Isleta. She is chief judge for the Nooksack and Upper Skagit tribes, and an associate professor at Western Washington University’s Fairhaven College.

“I’m really excited and honored to serve Whatcom County in this role,” Montoya-Lewis said in a phone interview on Monday. “I also recognize the importance of the appointment in terms of the question of diversity. I think it’s really important that the state court system reflect the people that it serves.”

“Raquel’s 15 years of experience as a judge will be well appreciated on the Superior Court,” Inslee said in a statement. “She is wise and has a strong commitment to service and to promoting justice. I know she will serve the community and the court exceptionally well.”

Montoya-Lewis was named this year to the Federal Advisory Committee on Juvenile Justice. She also is an appellate judge for the Northwest Intertribal Court System.

She was heartily endorsed by Bellingham City Council member Roxanne Murphy, a member of the Nooksack Indian Tribe.

“She has handled some of our most complex cultural, political and societal issues and managed these cases with the utmost care, intelligence, timeliness and fairness,” Murphy wrote in an email to the governor she sent on Wednesday, Dec. 10.

Montoya-Lewis has presided over the highly publicized “Nooksack 306” case in tribal court. The tribal council seeks to disenroll 306 members who the council says were mistakenly added to the rolls in the 1980s. The case has gone back and forth, but Montoya-Lewis has generally ruled in favor of the council, saying it has broad authority over membership decisions.

Montoya-Lewis remains the presiding judge in the case, and she said Monday she couldn’t comment on it.

The governor’s appointment stems from a bill passed by the 2013 Legislature authorizing a fourth Whatcom County Superior Court judge. Inslee’s selection comes two years after Deborra Garrett became the first woman to be elected to Whatcom County Superior Court. Besides gender balance, the appointment provides the court with another judge to take on the backlog of civil and felony criminal cases in the court.

“I think Raquel is going to be able to come in and hit the ground running,” Judge Charles Snyder said. “We’ll probably start giving her cases as soon as she gets in the door.”

Snyder sat with Montoya-Lewis on a panel discussing diversity in the legal system in 2012.

“I found her to be a very bright person who obviously has a good knowledge of the law,” Snyder said on Monday. “She will bring a new perspective, being the first Native American to come on the (Whatcom) bench.”

Montoya-Lewis emphasized her impartiality, regardless of who comes before her in the courtroom.

“There is certainly a large number of native people that come through the civil and criminal court in Whatcom County,” she said. “I think I will bring a unique perspective in serving that part of the community, but I see my role as serving the entire county. I see my role as being fair and neutral and unbiased.”

 

Tribes Reluctant To Follow Northwest Voters On Legal Marijuana

File photo. Northwest tribes are in no rush to legalize marijuana.Austin Jenkins Northwest News Network
File photo. Northwest tribes are in no rush to legalize marijuana.
Austin Jenkins Northwest News Network

 

By Jessica Robinson, NW News Network

The U.S. Department of Justice this week opened the door to a legalized pot market on tribal land.

But many Northwest tribes appear to be in no rush to go in the direction of Oregon and Washington voters.

The Department of Justice said it will treat Indian tribes that legalize pot with the same hands-off prosecutorial approach that it’s treated states with legal pot. That means there could be a potentially lucrative marijuana business on reservations even in states like Idaho, where pot remains illegal.

But it’s still up to the tribe.

Charles Sams of the Confederated Tribes of the Umatilla Indian Reservation said drug law enforcement is a matter of public health.

“The tribe will continue to prosecute and cite those folks who are in violation of those laws,” he said.

In Washington, the Yakama Nation wants to ban sales both on its reservation and on millions of acres of surrounding land where it has treaty rights.

The Department of Justice decision came as a surprise to many tribes. The policy adviser for the Coeur d’Alene Tribe in north Idaho said legalizing pot hadn’t even been on the tribe’s radar.