Author: Matthew L.M. Fletcher

Turtle Talk Poll — Nooksack Disenrollments

Matthew L.M. Fletcher1 Comment

If you’ve been following Turtle Talk for the past few years, you must have noticed the incredible volume of pleadings that have been filed in tribal, federal, and state courts in the litigation involving the so-called Nooksack 306. We at TT have largely stayed away from commenting on that internal tribal political dispute, preferring instead to serve merely as a space for the parties on both sides to make their pleadings and materials available online. They speak for themselves.

The events at Nooksack are really quite dramatic, and ongoing. The Nooksack tribe has cancelled elections (last election in 2014) and apparently operates today through some form of a holdover council, “disbarred” attorneys for the proposed disenrollees from practice in tribal courts, refused to allow parties from filing pleadings in tribal court, fired (or constructively fired) a tribal judge, been subject to contempt orders from its appellate court, sued the appellate court administrators for breach of contract, tried to create a tribal supreme court to vacate the appellate court orders, and drew a letter from the BIA saying the federal government will not recognize official actions of the holdover council. There’s more but . . . Whew!

Time for a Turtle Talk poll!!!! [results tomorrow . . . .]

 

 

 

 

Nooksack Update

Matthew L.M. Fletcher

Kelly v. Kelly (Nooksack Tr. Ct.):

Kelly v. Kelly Rejected Second Amended Complaint

Belmont v. Kelly (Nooksack Ct. App.):

Rejected Declarations Re Nooksack Member Voting Rights

Nooksack Indian Tribe v. NICS (Nooksack Tr. Ct.):

Response to Order to Show Cause

Declaration of of Daniel Kamkoff in Response to Order to Show Cause

Administrative Disenrollment Matter (Nooksack Tr. Council):

Omnibus Written Response of Nooksack Tribal Members Proposed for Disenrollment

 

Navajo Nation RFP — Treasury Offsets Work

Matthew L.M. Fletcher

Corrected notice here.

 

The description:

The Navajo Nation seeks assistance in litigation, administrative outreach, and lobbying to assist in matters related to federal administrative offsets made by the U.S. Department of the Treasury for disputed debts.  Selected Respondent will provide legal services to secure a favorable outcome of the disputes and will litigate those disputes if necessary.  The Navajo Nation Department of Justice will be accepting proposals for this service postmarked by 5:00 PM MT on Wednesday, November 9, 2016.  NO LATE PROPOSALS WILL BE ACCEPTED.

Georgia SCT Rules Against Western Sky

Matthew L.M. Fletcher

Here is the opinion in Western Sky Financial LLC v. State ex rel. Owens.

Substitute opinion in Western Sky Financial LLC v. State ex rel. Olens (PDF) (12-8-2016).

 

NJ Lenni-Lenape Tribe’s Claims against State Proceed

Matthew L.M. Fletcher

Here are the materials in Nanticoke Lenni-Lenape Tribal Nation v. Lougy (D. N.J.):

39-1 Motion to Dismiss

40 Opposition

41 Reply

50 DCT Order

Ninth Circuit Materials in Sturgeon Matter (on remand from SCOTUS)

Matthew L.M. Fletcher

Here are the new briefs:

Sturgeon Brief

Federal Brief

Mentasta Amicus Brief

Oral argument video here.

New Poem from Frank Pommersheim

Matthew L.M. Fletcher1 Comment

Buddha Follows the Swerving State Van

 

The rebellious driver

No lines does he follow.

Laughter.

Death.

 

*Context.  While driving out to Rosebud for the Indian Law field trip, several students (e.g., Brandi Gant and Anna Limoges) write a Buddha poem about my driving skills.  They text it to Bo Bearshield who is riding with me in the state van.  He reads it aloud.  I chuckle.

The entire class (and several other patrons) are eating lunch at Subway in Winner, S.D. at the eastern edge of the Reservation.  Without thought or warning, I announce, ‘hey, listen up everybody.  Bo is going to recite a Buddha poem.’  To my surprise, Bo stands up and reads it.  There is spontaneous laughter and applause.

Buddha stays with us for the rest of the trip.

 

Peace,

Frank Pommersheim

Federal Court Declines to Stay Enforcement of BIA Ruling in Calif. Miwok Membership/Leadership Dispute

Matthew L.M. Fletcher

Here are the materials in California Miwok Tribe v. Jewell (E.D. Cal.):

10 Motion to Stay

20 Tribe Opposition

33 Reply to 20

34 US Opposition

35 Reply to 34

37 DCT Order

Interview with Kristen Carpenter on Indian Rights

Matthew L.M. Fletcher

Here is “A tension as old as the country: Legal scholars put focus on Native American rights,”published in Harvard Law Today. Also in the Harvard Gazette.

Mackinac Tribe v. Jewell Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

Whether the Court of Appeals deviated from this Court’s decision in Carcieri v Salazar, 555 U.S. 379 (2009) which held that the Secretary of Interior’s Federal Acknowledgment Process (FAP) established in 25 C.F.R. Part 83 is not determinative as to whether Indian Tribe is “recognized” for the purposes of the Indian Reorganization Act (25 U.S.C. § 479)?

Whether the Secretary of Interior can avoid performing her mandatory non-discretionary duty under the Indian Reorganization Act (25 U.S.C. § 476) to call elections to ratify tribal constitutional documents within a reasonable time by requiring a tribe to exhaust administrative remedies estimated to require 30 years to complete?

Lower court materials here.