A truly remarkable opinion from an Iowa magistrate.
Here is the order:
13 thoughts on “Iowa Small Claims Court Judge Lambasts Tribal Sovereignty — Holds Sac and Fox Tribe Has No Immunity…Ever”
Comments are closed.
- Reblog
-
Subscribe
Subscribed
Already have a WordPress.com account? Log in now.
Turtle Talk 
As a member of the court that Mr. Vander May refers to I am much too familiar with his views. As a Tama County Attorney he once described the Sac & Fox Court as a “pig in a tutu” before a state senate committee. No sanction, not even a redress. In spite of his history he is now on the bench. I would urge all Indian law professors to use this opinion as an example of how many judicial rules of conduct could be violated in one setting, let alone the substantive law he ignores or simply refuses to apply.
I can’t wait to cite this in a case against the federal government:
“To require a litigant to pursue this claim in a forum operated and funded by the adverse party, with all the decision makers employed by the Defendant, is ludicrous and would give the Plaintiff no reasonable basis for concluding that his claim received a fair hearing.”
He had me at “Jack Abramoff” and “Dred Scott.” Quite convincing.
@Anne: I had the same thought. The headline to this blog post could read “Iowa Small Claims Court Judge Lambasts Court of Federal Claims.”
We are in the 21st century and not the 18th, right?
Vander should be scrapped off the bench. He is biased AND incompetent. His ruling missed key issues such as the differentiation between tribes living on federal reservations the the “Sac & Fox” who live on their own land bought back in 1857; all of the current case law from the 20th century.
Sounds like a ploy by this judge to waste tribal resources. It’s clearly a bad decision. Making policy from small claims court? This judge is a giant among men – in his own mind.
Hello all, I am a native woman, and although this decision permeates racism, his point about expecting a fair decision in tribal court is on the mark. Many friends and family have had to use the “due process” of tribal governments and it is a “loaded deck”. I for one of tribes screwing their own people and using soveign immunity to escape accountability.
opps, on last sentence meant to write I for one am tired of tribes…
Carole Franklin via Native American Fair Commerce Coalition:
As an enrolled member, I am personally insulted beyond words at the Judge for his biased ignorance regarding my Sac & Fox Tribal Court. Why no sanction or redress for this “pig in a black robe” still holding court in Iowa?
Are there no Judicial Rules of Conduct he violated by labeling ( before the Iowa Court) the Sac and Fox Tribal Court as “Pigs in a Tutu”?
It would be nice if we could all ignore the law when it does not conform with our personal opinions and prejudices. This is the most inflamatory opinion I have read in 23 years of Indian Law practice. I certainly hope the Iowa Judicial standards office investigates this individual. As a non-Indian the language is offensive, the legal reasoning is not supported by any recognized case authority. AIM demonstration? No mention of the fact the Tribe employs hundreds of Non-Indians at the Casino. Probably the largest employer in the County. Sad, sad, sad. Shame on you sir.