California Indian Legal Services Overview

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.
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California Indian Legal Services, established in 1967, provides legal assistance to low-income Native Americans, tribes, and tribal organizations in California. With four offices located strategically across the state, they offer a range of services including tribal representation, tribal government work, and individual legal assistance on issues such as wills and land allotment. The organization's funding structure and nature of contract work reflect a commitment to serving the unique legal needs of California's Native American communities.

  • Legal Services
  • Native Americans
  • California
  • Tribal Representation
  • Legal Assistance

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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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.

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