tribal courts

Grand Traverse Band Chief Judge Job Posting

Matthew L.M. Fletcher

Here is the job description.

Here are the posting dates (they most certainly will be extended).

Complaint Filed re: Control of Navajo Nation Oil & Gas Company — UPDATED

Matthew L.M. Fletcher4 Comments

UPDATE — Navajo Nation Judicial Branch press release:

NN Judicial Branch Press Release

And a clean copy of the Navajo Nation Supreme Court decision:

NNSC Opinion

Here are the materials so far in Begay v. Begay (D. Ariz.):

1 Complaint

An excerpt:

This is an action for declaratory and injunctive relief arising out of a Navajo Supreme Court decision that violates due process and vitiates a federally issued and approved corporate charter providing for shareholder governance of a corporation formed under federal law.

1-1 Exhibit

3 Plaintiffs Motion for TRO

3-1 Exhibits [NNSC Opinion in Navajo Nation Oil & Gas Company v. Window Rock District Court begins at page 139]

4 Motion for Order to Show Cause

Nooksack Tribal Court Dismisses St. Germain v. Kelly

Matthew L.M. Fletcher

Here:

St Germain v. Kelly Defendants’ Motion to Dismiss and Brief in Support of Motion To Dismiss

St Germain v Kelly Brief in Opposition to Defendants’ Motion to Dismiss Plaintiffs’ Cross Motion for Partial Summary Judgment

St Germain v. Kelly Defendants’ Response in Opposition to Plaintiffs’ Cross Motion for Partial Summary Judgment

St Germain v. Kelly Plaintiffs’ Reply re Cross Motion for Partial Summary Judgment

St. Germain v. Kelly Defendants’ Reply to Plaintiffs’ Brief in Opposition to Dimiss Cross Motion for Partial Summary Judgment

St. Germain v. Kelly Order Granting Defendant’s Motion to Dismiss and Denying Plaintiffs’ Motion for Summary Judgment

The court previously had issued a TRO favoring plaintiffs in this matter.

Nooksack Tribal Dismisses Adams v. Kelly II

Matthew L.M. Fletcher

Here:

Adams v Kelly II Plaintiffs’ Amended Response in Opposition to Defendants’ Motion To Dismiss

Adams v Kelly II Amended Response in Opposition to Defendants’ Motion To Dismiss

Adams v Kelly II Defendants’ Reply to Plaintiffs’ Response in Opposition to Motion to Dismiss

Adams v Kelly II Order Granting Defendants’ Motion to Dismiss

Eighth Circuit Briefs in Tribal Court Jurisdiction Matter — Belcourt Public School District v. Davis

Matthew L.M. Fletcher3 Comments

Here:

Belcourt Public School District Opening Brief

Tribal Response Brief

Belcourt Public School District Reply Brief

Lower court materials here.

Eighth Circuit Briefs in Tribal Court Jurisdiction Matter — Fort Yates Public School District No. 4 v. Murphy

Matthew L.M. Fletcher3 Comments

Here:

Fort Yates School District Brief

CMB Brief

Standing Rock Sioux Tribe Response Brief

Reply briefs TK

Fort Yates School District Reply Brief

Lower court materials here and here.

Tribal Court Injunction in Paskenta Band Leadership Dispute

Matthew L.M. Fletcher1 Comment

Here is the order in Paskenta Band of  Nomlaki Indians v. Swearinger (Paskenta Band of Nomlaki Indians Tribal Court):

Order Granting Plaintiffs’ Motion for Preliminary Injunction

Northwest Intertribal Court System Appellate Opinions Now Online

Matthew L.M. Fletcher1 Comment

Here.

More details:

NICS Appellate Reporter announcement

NICS Appellate Reporter press release

NICS Appellate Reporter print edition order form

 

Michigan Supreme Court Issues Order to Create Tribal-State Forum

Kate Fort

Order here.

The Michigan Tribal State Federal Judicial Forum is established. The membership of the forum shall consist of: the chief tribal judge of each of Michigan’s 12 federally recognized tribes, or their designated alternate judges, with membership to be expanded to accommodate any new federally recognized tribes; and 12 state court judges (or the same number as there are tribal judges), who will be appointed by the Michigan Supreme Court from among a pool of currently serving or retired Michigan judges or justices. In making appointments, the Court will consider geographic proximity to the tribes, Indian Child Welfare Act and MIFPA case load dockets, and current involvement with tribal court relations. The forum shall then pursue participation from federal judges and officials.

State bar post here.

Bond Reformation/Tribal Court Jurisdiction Matter: Stifel v. LCO

Matthew L.M. Fletcher

Here are the materials so far in Stifel, Nicolaus & Company, Incorporated v. Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin (W.D. Wis.):

1 Stifel Complaint

10 LCO Motion to Dismiss or Stay

13 LCO Tribal Court Motion to Dismiss or Stay

14 Stifel Response

18 LCO Tribal Court Reply

19 LCO Reply

25 Stifel Motion for PI

29 Joint Stipulation re Stay of Tribal Court Proceedings

30 DCT Order Allowing Dismissal of Prior Motions wo Prejudice

38 Stifel Motion for Summary J

44 LCO Opposition

49 Stifel Reply

76 DCT Order

An excerpt:

Plaintiff Stifel, Nicolaus & Company, Inc. (“Stifel”) seeks equitable reformation of its Bond Purchase Agreement with defendant Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin (the “Band”), as well as a declaratory judgment that the Band may not proceed to sue Stifel in a currently-pending action in Lac Courte Oreilles Tribal Court. Before the court now is plaintiff’s motion for summary judgment on both claims. (Dkt.# 37.) Based on the undisputed facts of record, the court holds that Stifel is entitled to reformation of the Bond Purchase Agreement, but also concludes that the Band may proceed with its pending claims against Stifel in Lac Courte Oreilles Tribal Court. Although Stifel has had ample opportunity to do so already, because the Band did not affirmatively move for summary judgment, the court will give Stifel yet another opportunity to proffer additional evidence, if any, that the forum selection clause in the Bond Purchase Agreement clearly precludes the Band from proceeding in Tribal Court.