Monday, November 21, 2005
10:00 a.m. Judicial Conference Convenes
Call to Order
Hon. Mary Muehlen Maring
Chair, Judicial Conference
Roll Call
Sally A. Holewa
Executive Secretary, Judicial Conference
10:15 a.m. Overview of the Indian Child Welfare Act (ICWA)
(1.75 CJE Credit Hours*)
Hon. BJ Jones
Chief Judge, Sisseton-Wahpeton Oyate Court
Director, Tribal Judicial Institute
UND Law School
Grand Forks, ND
ICWA, which was adopted by Congress in 1978, applies to child custody proceedings in state courts involving "Indian" children--children of Native American ancestry. The provisions of the ICWA represent a dramatic departure from the procedural and substantive laws that most states have enacted to govern child custody proceedings. Because Indian children are treated uniquely in the legal system, and because there is an increasing number of court proceedings involving Indian children, the need for lawyers to understand the ICWA is fast becoming imperative. The session will cover the applicability of ICWA to state court proceedings, jurisdictional issues, notice and transfer of jurisdiction issues, and the applicability of ICWA in voluntary placements and adoptions.
12:00 p.m. Lunch
1:00 p.m. Putting the “Our” in Courts: Native American Perspective of Liberty and Justice for All (1.25 CJE Credit Hours*)
Cheryl Long Feather
Research Director
United Tribes Technical College
Bismarck, ND
This session will describe a Native American perspective of the concepts of justice, courts, legal decisions, and roles and responsibilities of the court in the context of the historical relationship between Natives and justice. Using a cultural competence approach, the session will also provide some recommendations for acquiring skills and providing an understanding of the difference. The purpose of the session is to improve relationships, functionality, and overall understanding.
2:15 p.m. Break
2:30 p.m. “God is a Judge, Satan is an Advocate": The Theater of Trial in Unsworth's MORALITY PLAY (2.5 CJE Ethic Hours*)
Paul A. LeBel
Dean and Professor of Law
UND School of Law
Grand Forks, ND
5:00 p.m. Adjourn
6:00 p.m. Reception and Dinner in Honor of Ted Gladden
Tuesday, November 22, 2005
7:30 a.m. North Dakota Judges Association Breakfast Meeting
8:30 a.m. Reconvene Judicial Conference
Co-Occurring Mental and Substance Abuse Disorders
(3.25 CJE Credit Hours*)
Hon. Karen K. Braaten Presiding Judge
Northeast Central Judicial District
Grand Forks
Andy McLean, M.D.
Medical Director
Southeast Human Service Center
Fargo, ND
The issues in many cases involve alcohol and other drug addictions. Some persons with alcohol and other drug addictions also suffer from major mental health disorders. Judges should have a thorough understanding of substance abuse, mental health, and co-occurring disorder issues as they affect the justice system. After this course, participants will be able to describe the physiological and pharmacological aspects of substance abuse and identify and assess individuals with major mental disorders.
10:00 a.m. Break
10:15 a.m. Co-Occurring Mental and Substance Abuse Disorders, Continued
Hon. Karen K. Braaten and Andy McLean, M.D.
12:00 p.m. Lunch
Presentation to Retired Judges
Hon. Bruce B. Bohlman
Hon. Gary A. Holum
Hon. Lawrence A. Leclerc
Honorable William A. Neumann
1:00 p.m. Business Meeting
Committee Reports
New Business
For the Good of the Order
Adjourn