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.