tribal courts

Speakers include Judge Tim Connors, Judge Allie Maldonado, and Judge Bill Thorne! A veritable who’s who of Michigan tribal judges.

Opening Appellate Brief in Lomeli v. Kelly — Contempt Matter in Nooksack Disenrollment Dispute

April 10, 2014April 9, 2014Matthew L.M. Fletcher

Here:

Lomeli v Kelly COA Opening Brief re Contempt of Court

Lower court order here.

News Coverage of Alaska Legislative Hearing on ILOC Report

April 9, 2014Matthew L.M. Fletcher

Here. Quotes from tribal judge David Voluck:

“One of the courts I work for issues something as controversial as child support orders, for children in need,” Voluck said, a touch of sarcasm in his voice. “We’re not locking up white people, I don’t have an electric chair, I’m not doing anything that’s frightening. I’m not taxing, I’m not zoning, it has nothing to do with land and everything to do with Native children.”

“Your state is battling us tooth and nail and we are now in the Supreme Court over whether it’s kosher for me to issue a child support order for a tribal child. This, ladies and gentlemen of this committee, I posit is a grave waste of your resources.”

Federal Court Orders Exhaustion in Heldt v. Payday Financial

April 8, 2014Matthew L.M. Fletcher

Here are the updated materials in Heldt v. Payday Financial LLC (D.S.D.):

36 Opposition to Motion to Compel Arbitration

46 Opposition to Motion to Stay

51 Opposition to Motion to Dismiss

56 Reply Brief in Support of Motion to Dismiss

58 DCT Order on Exhaustion

An excerpt:

ORDERED that Defendants, as the parties asserting that there is tribal court jurisdiction and that there ought to be tribal court exhaustion, must file within thirty (30) days of the date of this Order a declaratory judgment action in the Cheyenne River Sioux Tribal Court naming the Plaintiffs herein to address to that court the issue of tribal court jurisdiction and if that court concludes it has jurisdiction, and the availability of an arbitration forum as specified in the loan agreements in this case. In such a tribal court action, Plaintiffs of course may contest tribal court jurisdiction and assert their arguments as the unavailability of an arbitration forum as specified in the agreements without waiving their assertion that there is no tribal court jurisdiction. It is finally

ORDERED that the parties keep this Court advised of proceedings in the Cheyenne River Sioux Tribal Court by filing upon the conclusion of any tribal court proceedings and/or appeals, all pleadings filed by any party and all rulings by the tribal court as an attachment to an affidavit or stipulation.

Prior materials are here, here, and here.

Eighth Circuit Decides Tribal Court Exhaustion Appeal — Colombe v. Rosebud Sioux

April 7, 2014April 7, 2014Matthew L.M. Fletcher1 Comment

Here is the opinion.

Briefs and lower court materials here.

Conference Announcement: “No Justice Without Peace: 3rd Biennial Gathering of Peacemakers”

April 4, 2014April 3, 2014Matthew L.M. Fletcher

The Tribal Judicial Institute, in collaboration with the Chickasaw Nation, FVTC, NTJC and NARF, will be hosting No Justice Without Peace: 3rd Biennial Gathering of Peacemakers at the Artesian Hotel in Sulphur, OK on April 22-24, This conference will introduce participants to indigenous justice methodologies and examples of how such methodologies are being incorporated into tribal justice systems. Highlights of the event include:

Tuesday April 22 – PRE–CONFERENCE
• DOJ/BIA Pre-conference Listening Session Regarding Peacemaking
• Peacemaking Initiative: Feedback Session
Wednesday April 23-24- MAIN CONFERENCE
• Peace and Justice Between World Views
• Roundtable Discussion on the Depth pf Peacemaking and Importance of Process
• Victimization to Criminality: How the Cycle of Injustice Continues
• Preparing te Next Generation of Peacemakers through Academia
• Positive Aspects of Peacemaking in Tribal Communities
• Peacemaking Programs at Work in Tribal Nations
• Child Protection Programs and Peacemaking
• Matriarchal Nature of Justice and Peacemaking
• Specialty Courts Using the Peacemaking Model
• Peacemaking in the Court
• Integrated Justice Models
Targeted Audience: Tribal Leaders, Tribal Judges, Peacemakers, Tribal Court Planners, Tribal Prosecutors, Tribal Attorneys and Tribal Justice System Officials. We also welcome practitioners from Federal and State justice systems who may be providing services to tribal communities and tribal members.

REGISTRATION:
There is no fee for registration.
PLEASE VISIT http://www.law.und.edu/tji/events.cfm TO REGISTER

LODGING:
PLEASE CONTACT THE ARTESIAN HOTEL @ 1-855-455-5255 to reserve a room.
A room block has been set up under the Peacemakers Gathering
There is a special conference rate of $83.00/ night plus taxes and fees.
The Room Block expires when filled or no later than April 11, 2014 so be sure to reserve your room quickly.
Presented by the Tribal Judicial Institute of the University of North Dakota, with a grant from the Department of Justice, Office of Justice Programs, and the Bureau of Justice Assistance (BJA). For questions, contact Lynnette at 701-777-6306 orlynnette.morin@ad.ndus.edu
This training is being hosted in collaboration with the host Chickasaw Nation; National Judicial College; Fox Valley Technical College; and NARF