Overview of Michigan Indian Legal Services
Michigan Indian Legal Services, Inc. (IndIoServ) is a nonprofit law firm that has operated for over twenty-five years as a unique provider of legal services to low-income Native Americans in Michigan. Headquartered in Mt. Pleasant, Michigan, IndIoServ serves individuals of all tribes as well as those who have no tribal affiliation but live on a reservation or depend on tribal service programs. IndIoServ primarily provides civil legal services in the areas of family law, guardianship, consumer, and general assistance matters. They are carefully cognizant of the complex relationship between federal and state governments and tribal nations and offer a variety of cultural and social services. This includes community education presentations, master guardianship education seminars , and resource guides for court referees, judges, and the runners of tribal courts.
The organization is supported by the U.S. Department of Justice and has collaborated in the past with the Michigan State Bar and Michigan Advocacy Program to assist six Michigan tribal nations with their pro bono efforts. IndioServ has also played a role in training summer law students through the Michigan Indian Legal Assistance Project as well as young trial lawyers from Michigan. Notable among these include three staff members that served as interns with the U.S. Attorney’s Office at Grand Traverse Band, staff members have served on the Board of the Michigan Indian Legal Services, Inc., and other staff members have served as Chair of the Indian Law Section of the State Bar of Michigan.
Areas of Law Addressed
Michigan Indian Legal Services is dedicated to providing legal assistance to Native Americans in Michigan. The legal aid service covers a broad range of family-related matters, including divorce, child custody, domestic violence, probate, and personal protection orders. With specialized focus on the Indian Child Welfare Act (ICWA), the Michigan Indian Legal Services lawyers represent Indians in Michigan courts when involved in any type of court case that involves a child. With over 30 years of experience, MI Legal Services can be relied on to provide family law support to Native American parents.
Housing issues are also an area where Michigan Indian Legal Services excels. The affordable legal services offer assistance in securing public housing, stopping evictions, and obtaining government sponsored housing. MI Legal Services also provides representation in tribal court regarding housing issues.
Representing clients in tribal court and Michigan courts, Michigan Indian Legal Services lawyers have extensive experience handling a variety of cases. From appeals to guardianships and removal actions, MI Legal Services lawyers are well seasoned experts in all areas of Native American law.
Who Is Eligible and How to Access Services
Eligibility for Michigan Indian Legal Services (MILS)
The MILS program’s services are available without charge to American Indians and Alaska Natives, regardless of where they reside. Those seeking assistance from MILS do not have to belong to or be recognized by a federally recognized tribe in order to apply for or receive legal assistance.
While MILS accepts any individual with a civil legal issue who is affiliated with an Indian tribe, it concentrates its efforts on serving individuals with income that does not exceed 250% of the Federal Poverty Guidelines. Applicants who do not meet this income threshold do not necessarily mean they will not be served – if MILS can provide assistance, individuals ineligible for Free Legal Aid may be charged a fee for their service.
Federal Law prohibits the exclusion of a married couple from participation in MILS services because they have a modest income. The income ceiling for a couple is the greater of 250% of the Federal Poverty Guidelines as described in the chart below or annual net income equal to three times their expenditures for rent or mortgage payments.
Federal Poverty Guidelines for Federal programs
This table outlines the household size and the federal poverty guidelines:
Impacts for the Native American Community
Michigan Indian Legal Services has a profound impact on Native American communities throughout Michigan. By offering culturally competent legal services that are tailored to the unique circumstances of each community, MINLS has achieved numerous successes. One such case involves a tribal government facing an encroaching commercial-interest group attempting to develop a portion of traditional tribal land. MINLS attorneys worked with the tribal council and important stakeholders to successfully negotiate an agreement that not only preserved the land for the use of the tribe but also created a robust partnership with the commercial group. This agreement not only protected the land but also brought infrastructure improvements and jobs to the community.
The impact of such outcomes is far-reaching. By preserving tribal lands and natural resources , MINLS helps maintain cultural traditions and provides future generations with opportunities to utilize the lands in accordance with their customs and way of life. This, in turn, reinforces tribal sovereignty and self-determination and empowers the community at large. MINLS understands that legal empowerment is a vital component of community empowerment. It gives Native Americans the tools they need to become active participants in their own governance, safeguarding their political and economic interests for generations.
Beyond individual cases, MINLS’s work has created a strong network of informed, engaged citizens who are willing to help others within their community. Its outreach programming, including legal fairs and community workshops, ensures that knowledge of legal rights and the capacity to defend those rights is not limited to those who can afford it, but instead is a communal asset.
Joint Efforts
Michigan Indian Legal Services has broadened the scope of its services through active partnerships and collaboration with other entities. Federally recognized tribes, state and local governments, and social welfare organizations are among the collaborators who support the pursuit of equal access to justice.
Crucially, partnerships with tribes enable Indian Legal Service providers to operate around the requirements of the Legal Services Corporation (LSC), which forbids recipients from providing legal assistance in matters involving tribes. These partnerships take a variety of forms including contractual relationships, cooperative agreements, grant funding, and information sharing. Indian Legal Services providers rely on the resources and infrastructure of its partners to deliver quality legal services to clients. The prioritization of these partnerships over hiring additional full-time staff also saves on costs.
Through Tribal/State grants, MI Legal Services collaborates with the grants awarded to Michigan Advocacy Program and trailblazed a new approach to the delivery of pro bono legal and social services to Native Americans and people in the state of Michigan. The grant, funded through the Michigan State Bar Foundation’s IOLTA program, gives MI Legal Services resources to support effective civil legal and social services, including supporting its collaborations with the Michigan Bureau of Indian Affairs (BIA). MI Legal Services staff the Indian Law Assistance Hotline at the BIA and assign Tribal Court Liaison to increase communication with tribal court personnel.
Partnerships with tribes and fundraising have also helped MI Legal Services to host the Third Annual Statewide Indian Law Conference. The conference convenes Tribal government officials, social service workers, advocates, judges, and attorneys to share information and develop a framework of knowledge necessary for advancing access to justice in Indian country.
Legal service professionals at MI Legal Services collaborate with the Michigan Department of Health and Human Services over a multitude of programs designed to address the legal needs of low-income customers including the Medicaid Assistance Program and the Supplemental Nutrition Assistance Program. This partnership enables MI Legal Services to extend comprehensive services to customers of the Department of Health and Human Services (DHHS).
Current Challenges and the Future
Some of the most significant challenges facing Michigan Indian Legal Services are funding shortages and a high turnover rate for staff attorneys. Funding for legal services to low-income individuals comes largely from the federal Legal Services Corporation, which has faced severe budget cuts over the last decade. State funding from the Michigan Indigent Defense Commission has helped fill some of the gaps in federal funding, but it has not replaced the need for funding from private sources. In the most recent fiscal year, all but 1% of Mich. Indigent Legal Services’ budget was funded by grants and donations. Due to the shortage of funding, MILS has been unable to hire and maintain a full staff of attorneys . With annual turnover rate of 50%, Michigan Indian Legal Services has had to divide its limited resources over the years among training new attorneys who serve as short-term replacements for other attorneys who leave as soon as new positions with more funding become available. Without an increase in funding, turnover among Mils’ attorneys will continue to be a major impediment to their ability to provide good legal help to their clients who need assistance with civil as well as criminal legal matters. Use of Mich. State Bar Grievance System Will Help With Legal Education in Indian Country and Prevent Ineffectiveness.
