{"id":8193,"date":"2021-02-24T16:18:52","date_gmt":"2021-02-24T21:18:52","guid":{"rendered":"https:\/\/www.indianz.com\/News\/?p=8193"},"modified":"2021-02-24T16:18:52","modified_gmt":"2021-02-24T21:18:52","slug":"tim-giago-we-need-a-native-american-on-the-federal-judges-bench","status":"publish","type":"post","link":"https:\/\/indianz.com\/News\/2021\/02\/24\/tim-giago-we-need-a-native-american-on-the-federal-judges-bench\/","title":{"rendered":"Tim Giago: We need a Native American on the federal judge&#8217;s bench"},"content":{"rendered":"<img loading=\"lazy\" decoding=\"async\" width=\"2560\" height=\"1920\" data-attachment-id=\"8196\" data-permalink=\"https:\/\/indianz.com\/News\/2021\/02\/24\/tim-giago-we-need-a-native-american-on-the-federal-judges-bench\/supremecourt-10\/\" data-orig-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2021\/02\/24\/supremecourt-scaled.jpg\" data-orig-size=\"2560,1920\" data-comments-opened=\"0\" data-image-meta=\"{&quot;aperture&quot;:&quot;1.6&quot;,&quot;credit&quot;:&quot;&quot;,&quot;camera&quot;:&quot;iPhone 12 Pro Max&quot;,&quot;caption&quot;:&quot;&quot;,&quot;created_timestamp&quot;:&quot;1612727122&quot;,&quot;copyright&quot;:&quot;&quot;,&quot;focal_length&quot;:&quot;5.1&quot;,&quot;iso&quot;:&quot;32&quot;,&quot;shutter_speed&quot;:&quot;0.00043478260869565&quot;,&quot;title&quot;:&quot;&quot;,&quot;orientation&quot;:&quot;0&quot;}\" data-image-title=\"supremecourt\" data-image-description=\"\" data-image-caption=\"\" data-large-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2021\/02\/24\/supremecourt-1024x768.jpg\" src=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2021\/02\/24\/supremecourt-scaled.jpg\" alt=\"supremecourt\" class=\"alignnone size-full wp-image-8196\" \/>\r\n<figcaption class=\"figure-caption\">The U.S. Supreme Court is seen behind barbed wire and barricades on 2nd Street NE in Washington, D.C. The more well-known entrance on 1st Street NE is currently unreachable by the general public following the violence at the U.S. Capitol on January 6, 2021. Photo by Indianz.Com <a href=\"https:\/\/creativecommons.org\/licenses\/by-nc-sa\/4.0\/\">(CC BY-NC-SA 4.0)<\/a>\r\n<\/figcaption>\r\n<div class=\"h3-responsive font-weight-bold\">Notes from Indian Country<\/div>\r\n<div class=\"h5-responsive sub\">We need a Native American on the federal judge&#8217;s bench<\/div>\r\n<div class=\"date\">Wednesday, February 24, 2021<\/div>\r\n<div class=\"byline\">By Tim Giago (Nanwica Kciji \u2013 Stands Up For Them)<\/div>\r\n<p><\/p>\r\nMy newspapers started to complain about the lack of Native Americans as federal judges in the 1980s mostly because of a man who served on the Supreme Court way back then.<p><\/p>\r\nHis name was William Hubbs Rehnquist\u00a0and he was an American lawyer and jurist who served on the\u00a0Supreme Court of the United States\u00a0for 33 years, as an\u00a0associate justice\u00a0from 1972 to 1986 and as\u00a0Chief Justice\u00a0from 1986 until his death in 2005. Considered a conservative, Rehnquist favored a conception of\u00a0federalism\u00a0that emphasized the\u00a0Tenth Amendment&#8217;s reservation of powers to the states. Under this view of federalism, the court, for the first time since the 1930s, struck down an act of Congress as exceeding its power under the\u00a0Commerce Clause.<p><\/p>\r\nHe had a special drawer where he filed cases he thought little of and told his law clerks he would get around to them if he found the time. In the drawer were cases involving Native American tribes and Indian issues, cases he referred to as \u201cshit cases.\u201d Unfortunately, Rehnquist\u2019s feelings about Native American issues filtered all of the way down through the federal court system. <p><\/p>\r\nFinally Diane Joyce Humetewa, Hopi,\u00a0was confirmed in 2014 as the first\u00a0Native American\u00a0woman and enrolled tribal member to serve as a federal judge, Humetewa is one of three Native Americans in history to serve in this position. She served as United States District Judge in Arizona. A seat as a federal judge is about to open in South Dakota and me and my newspaper, Native Sun News Today, plus many tribal leaders, highly recommend Sara Boensch Collins for that seat.<p><\/p>\r\n<figure>\r\n<img loading=\"lazy\" decoding=\"async\" width=\"633\" height=\"377\" data-attachment-id=\"8202\" data-permalink=\"https:\/\/indianz.com\/News\/2021\/02\/24\/tim-giago-we-need-a-native-american-on-the-federal-judges-bench\/dojawardceremony\/\" data-orig-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2021\/02\/24\/dojawardceremony.jpg\" data-orig-size=\"633,377\" data-comments-opened=\"0\" data-image-meta=\"{&quot;aperture&quot;:&quot;0&quot;,&quot;credit&quot;:&quot;&quot;,&quot;camera&quot;:&quot;&quot;,&quot;caption&quot;:&quot;&quot;,&quot;created_timestamp&quot;:&quot;0&quot;,&quot;copyright&quot;:&quot;&quot;,&quot;focal_length&quot;:&quot;0&quot;,&quot;iso&quot;:&quot;0&quot;,&quot;shutter_speed&quot;:&quot;0&quot;,&quot;title&quot;:&quot;&quot;,&quot;orientation&quot;:&quot;0&quot;}\" data-image-title=\"dojawardceremony\" data-image-description=\"\" data-image-caption=\"\" data-large-file=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2021\/02\/24\/dojawardceremony.jpg\" src=\"https:\/\/indianz.com\/News\/wp-content\/uploads\/2021\/02\/24\/dojawardceremony.jpg\" alt=\"dojawardceremony\" class=\"alignnone size-full wp-image-8202\" \/>\r\n<figcaption class=\"figure-caption\">Assistant U.S. Attorney Sarah Collins, far left, received the     the U.S. Attorney General\u2019s Award, the highest award at the Department of Justice, for her work in prosecuting a  former Indian Health Service  pediatrician Stanley Patrick Weber for abuse of young male  patients on two reservations. Photo: <a href=https:\/\/www.justice.gov\/usao-sd\/pr\/south-dakota-and-montana-teams-convicted-former-ihs-doctor-serial-abuse-native-american>Department of Justice<\/a>\r\n<\/figcaption>\r\n<\/figure>\r\n<p><\/p>\r\n The position is currently held by Judge Jeffrey L. Viken, who will be taking senior status.  Jeff is an old friend of mine and has done a good job, but I believe it is time for a Native American to assume that job position.<p><\/p>\r\nSarah, age 45, is an enrolled member of the Oglala Sioux Tribe and a native Western South Dakotan.  Her family has ranched on the Pine Ridge Reservation for five generations.  When she was in high school she used to sit at the dining room table while I and her mother Lynn Rapp, talked about Native American issues. The issues ranged all of the way from Indian politics to Native spirituality. She listened and learned. After high school she went on to Colorado State University and earned a law degree.<p><\/p>\r\nSince then she has dedicated her career to civil service, starting with the District Attorney\u2019s office in Adams County, Colorado, and continuing with ten years of service as an Assistant United States Attorney in Rapid City.  She is currently the Senior Litigation Counsel for the District of South Dakota and has tried over 160 cases, giving her profound knowledge of the rules of criminal procedure, evidence and jury processes.\r\n<p><\/p>  \r\nSarah has diverse case experience, including white collar and civil rights cases, but she has focused on obtaining justice for crime victims, particularly children.  She has been recognized for her work investigating and prosecuting purveyors and distributors of child pornography, including personally pursuing the investigation of a United States citizen for brutally beating and sexually abusing multiple boys from Guatemala.  Sarah was selected for the Attorney General\u2019s Advisory Committee on Internet Crimes and served two terms.  She annually leads an undercover operation to catch internet predators during the Sturgis Bike Rally, resulting in the successful prosecution of 69 defendants.  \r\n<p><\/p>\r\nHer dedication to serving crime victims has resulted in justice for hundreds of American Indian victims.  Recently she obtained the <a href=https:\/\/indianz.com\/News\/2021\/02\/16\/indian-health-service-announces-safe-ihs-hotline-to-report-abuse\/>landmark conviction of former Indian Health Service  doctor Stanley Patrick Weber<\/a> for his decades-long horrific sexual abuse of Native children across numerous reservations, earning her the Attorney General\u2019s Award for Exceptional Service in Indian Country in January 2021.   \r\n<p><\/p><div class=\"mt-1 mb-1\"><ins class=\"adsbygoogle\" style=\"display:block; text-align:center;\" data-ad-layout=\"in-article\" data-ad-format=\"fluid\" data-ad-client=\"ca-pub-8411603009680747\" data-ad-slot=\"6394965691\"><\/ins><script>(adsbygoogle = window.adsbygoogle || []).push({});<\/script><\/div><p><\/p>\r\nShe has been unafraid to prosecute police officers for acting outside their sworn duties and is a firm believer in effective criminal justice and sentencing reform.  For many years she has trained law enforcement officers on the constitutional limits of their powers and authored the nationwide curriculum training officers on search and seizure and federal crime elements. \r\n<p><\/p>\r\nSarah is a registered lifelong Democrat and contributor to Democratic and social justice causes.  She interned for Sen. Tom Daschle both in Rapid City and Washington D.C. in the Morris K. Udall Internship Program for Native students.  Given her position with the Department of Justice, she must carefully comply with the Hatch Act, and thus has decided it prudent to not otherwise participate in public political activities.\r\n<p><\/p>  \r\nAs a man who has known her since she was a teenager I know the strength of her integrity and dedication to fairness and justice. \r\n<p><\/p>\r\nAs a Native American woman she will bring that special something to the federal bench that is, for the most part, non-existent. \r\n<p><\/p>\r\n<HR><EM>Tim Giago (Oglala Lakota) is the founder of the Native American Journalists Association and of Indian Country Today. Contact him at najournalist1@gmail.com.<\/em><HR>\r\n","protected":false},"excerpt":{"rendered":"As a Native American woman, Lakota lawyer Sara Boensch Collins will bring that special something to the federal bench that is, for the most part, non-existent.","protected":false},"author":1,"featured_media":8196,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"_vp_format_video_url":"","_vp_image_focal_point":[],"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[20,13,9,14],"tags":[748,101,94,1214,210,72,243,97,1215,1163,108,422,44],"class_list":["post-8193","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-indian-trust","category-law","category-opinion","category-politics","tag-abuse","tag-crime","tag-democrats","tag-diane-humetewa","tag-ihs","tag-judiciary","tag-media","tag-oglala-sioux","tag-sarah-collins","tag-stanley-patrick-weber","tag-tim-giago","tag-us-attorneys","tag-women","no-wpautop"],"jetpack_featured_media_url":"https:\/\/indianz.com\/News\/wp-content\/uploads\/2021\/02\/24\/supremecourt-scaled.jpg","jetpack_shortlink":"https:\/\/wp.me\/pcoJ7g-289","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/posts\/8193","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/comments?post=8193"}],"version-history":[{"count":0,"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/posts\/8193\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/media\/8196"}],"wp:attachment":[{"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/media?parent=8193"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/categories?post=8193"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/indianz.com\/News\/wp-json\/wp\/v2\/tags?post=8193"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}