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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (March 26, 1982)
Spilyay Tymoo March 26,1982 Page 9 Legal representation cut fo r ■ The police department has re c e n tly a d d e d 14 new positions and deleted the juvenile officers positions. Whereas legal aide had already reduced their personnel by one position last year and as of A pril 11, the legal aide advocate position will be ablished. by Marsha Shewczyk “ T he w e a lth o f th is reservation is its youth.” How often has. this statement been made? Maybe often enough to make people think it is true. So in order to encourage the responsible development of these young people athletic and educational program s are initiated. But even with programs developed for youth there are still those young people who get in trouble. Until recently juveniles who became involved in the court process because of some illegal behavior had legal advocates to consult. With concern for the budget, however, and due to management decisions much of the juvenile legal aid program has been abolished. There is an attempt to minimize spending and talk about simplifying the system. But according to legal aid advocate Angie DeLaTorre “it is not getting simpler.” If the system is simplified any more she feels “it will simplfy them out of their rights.” DeLaToree says that the recent revision of the Law and Order Code only makes the system more com plicated. W ith m ore rules, “ more training is needed to implement these r u le s ,” D e L a T o rre argues. With elimination of one legal aid position juveniles will not be represented. The reason given for removal of that position goes back to the Indian Civil Rights Act of 1968 which says that tribal members are entitled to an attorney at their own expense. Until this time providing legal aid advocates has been a courtesy by the tribe according to Justice Services Administrator Richard Burton. The advocates were used by many adults as well as juveniles for legal advice. Many people k id s In the same memo cited above DeLaTorree states, “We need all the positions, including the one you had me delete from our budget for the year of 1982. Our department provides many services to individuals who are dealing with tribal court and other agencies. Without our full staff, we cannot provide these services.” Burton in response to the “conflict of interest” issue stated that “it is a difficult job to balance out between” the The legal aide staff before budget cuts include legal aid advocates Angie DeLaTorre and Joshua. police department and the lega f R ied and legal aide secretaries Iris Carter and Bonnie Goodlance. One legal aid advocate position aide department. He feels, will remain in the department after A pril 1. , though, that he is able to do it. Spilyay Tymoo photo by Shewczyk The budget cuts are the can ’t afford such advice results of community and The one remaining legal aid of advice. We no longer have T rib a l co u n cil c o n cern s, explains DeLaTorre. Besides advocate is responsible strictly aiding in communication the for representing adult cases the time.” Burton says, “They wanted to Although this is a financial legal aid service helps to solve where the defendant could to gear down. Things are getting too technical.” problems. They also provide go jail, that is major traffic consideration DeLaTorre feels that there is a need to determine advice on resources, that is crimes and criminal cases. where to go for certain services No longer are any juvenile what’s essential and what is From one point of view the or help. Mainly the advocates cases represented by that not. She feels the cuts made legal aidé advocate is necessary represented clients in tribal department. “Custody cases under the supervision of JSA to enable both juveniles and court. are the biggest concern, Richard Burton were not adults to” get adequate and appropriate primarily because The ju v e n ile ad v o c a te “DeLaTorree says, “There is a proper legal representation in a of a conflict of interest. previously accompanied the problem if going against an system that is getting more ju v e n ile to his o r h er o u ts id e o r n o n -e n ro lle d complex daily. The contrasting arraignment followed up and member. Enrolled members In a memorandum sent to point of view finds technicali developed the case, prepared often do not have the money Burton, DeLaTorree states,”... ties increasing because of the sentencing recommendations, necessary,” for legal counsel. conflict of interest problem number of people involved in visited them at the jail and exists because as head of the th e le g a l p ro c e s s . T he Last year 134 juvenile court p o lic e d e p a r tm e n t a n d group home and represented technicalities in the latter the juvenile in court. “Now,” cases were heard along with 430 prosecution, your interests run viewpoint can be reduced by DeLaTorre feels “the child is adult criminal cases and 505 clearly contrary to the interests reducing personnel. on his own.” domestic cases. Twice as many of the Legal Aide Department. Reducing the number of It has become the responsibi cases pass before the legal aid In an adversary system as exists people in an attempt to reduce lity of the juvenile to recruit an department. With only one here, the rights of the Legal budget expenditures does not attorney or spokesman from legal aid advocate we “couldn’t Aide and police are always at n e c e s s a r ily re d u c e th e the community. The juvenile possibly take on juvenile .o d d s. T h e r e f o r e , it is complexit of the legal system. It does have the right to represent cases,” DeLaTorre adds. She impossible for one individual may, as D eLaTorre says, himself, but an advocate is no says, “We’re turning people to represent both departments “simplify them out of their longer offered for their benefit. away now. We used to give a lot properly.” rights.” Correction of Crossing hours It was stated in the last issue, Vol. 7 No. 5, that the new spring and summer hours for Deschutes Crossing would be from 8 a.m. to 10 p.m., Monday through Friday, and weekends from 7 a.m. to 10 p.m. This was incorrect and we apologize to our readers and to the Crossing. The new hours should read daily from 6 a.m. to 10 p.m., Monday through Saturday, and Sunday from 7 a.m. to 10 p.m.. American Indian and the law Instructor: Angelina De La Torre The purpose of this course is to introduce the student to law in general, as well as the unique area of American Indian in their relationships with the federal government and the states. The class will focus on the history of Indian law. Students will learn to research individual WHERE THERE’S SMOKE—77ie Warm Springs Fire arid Safety department responded to a call points of law. Discussion and at an abandoned house located just below the Police Department. One room of the house was in term papers will focus on the flames as well as an outer waU. The fire was extinguished quickly. The cause o f the fire is still under history of Indian law, the investigation. ■ Spilyay Tymoo photo by Leno Structure of government, the fede ral / trib al relationship, so v e re ig n ty , su p re m a c y , jurisdiction, civil rights, land, water and hunting and fishing rights. Local guest speakers will be utilized to address some of these subjects. Text: Cases and Materials on Federal Indian Law, by G etches, R o se n fe lt, and Wilkinson, cost: $20.00 Date April 7—June 9, 1982 Time: 7:00—10:00 p.m. Place: Community Center Register March 27—April 2 at Adult Learning Center.
