tribal courts

Fort Peck Tribes Expand its Criminal Jurisdiction over Non-Indians

Matthew L.M. Fletcher

The Fort Peck Tribes Expand Criminal Jurisdiction Over Non-Indians

On August 17th, 2023, the Fort Peck Tribal Executive Board expanded its special jurisdiction over non-Indians under the Violence Against Women Reauthorization Act of 2022 (VAWA).

 

What is VAWA?

Originally passed in 1994, VAWA is the first Federal Legislation acknowledging domestic violence as crime and provides resources to encourage Community Coordinated Responses to prevent violence against Women. Subject for renewal every five years, VAWA has been reauthorized in 2000, 2005, 2013, and in 2022. Each reauthorization builds upon existing protections for victims of domestic violence and will be subject to another reauthorization in 2027. *

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Blast from the Past — Profile of Flathead Tribal Judge Donald Dupuis [1980]

Matthew L.M. Fletcher

Here, published in the Exxon shareholder magazine The Lamp (!):

Chief Justice Position for Blackfeet Tribe Appellate Court

Kate Fort

 Position Announcment Chief Justice

This is an active appellate court with many interesting and sometimes complex cases. 

The Blackfeet Tribe is actively seeking applications for a Chief Justice for the Court of Appeals. The Chief Justice is responsible for overseeing the judicial component of the Blackfeet Court of Appeals in accordance with the Blackfeet Constitution and By-Laws, 1934, Blackfeet laws, judicial oath of office, terms of appointment and the Blackfeet Rules of Court. The Chief Justice is also responsible for ensuring that Court of Appeals grants and contacts are adhered to. Will preside over all cases within the Blackfeet Court of Appeals. Must have a Juris Doctorate from an ABA accredited law school and be at least thirty (35) years of age at time of appointment.

For application materials, including job description and qualification requirements, please contact the Blackfeet Tribe Personnel Department at (406) 338-7307 or email mbird@blackfeetnation.com or laugare@blackfeetnation.com.

New Mexico SCT Confirms Class III Compacts Do Not Allow State Court Jurisdiction over Tort Claims

Matthew L.M. Fletcher

Here is the opinion in Sipp v. Buffalo Thunder Inc.:

Opinion.pdfDownload

Here are the briefs (note — these are the court of appeals briefs):

Sipp COA Brief.pdfDownload
Buffalo Thunder COA Brief.pdfDownload
Sipp COA Reply.pdfDownload

Eighth Circuit Affirms Upward Departure from Sentencing Guidelines in Indian Country DV Case Based on 27 Prior Tribal Court Convictions

Matthew L.M. Fletcher

Here are the materials in United States v. Good Left:

Unpublished Opinion:

231295U.pdfDownload
Opening Brief.pdfDownload
Government Brief.pdfDownload
Reply.pdfDownload

Holy Lack of Jurisdiction, Batman! Oklahoma Federal Court Issues Declaratory Judgment against MCN Judges in Case Already Decided by Tribal Judiciary

Matthew L.M. Fletcher

Here are the materials in Thlopthlocco Tribal Town v. Wiley (N.D. Oklahoma.):

176 Thlopthlocco MSJ.pdfDownload
177 MCN Judiciary MTD.pdfDownload
178 TTT Response to 177.pdfDownload
180 MCN Judiciary Response to 178.pdfDownload
181 TTT Reply ISO 176.pdfDownload
190 MCN Judiciary Surreply.pdfDownload
195 DCT Order.pdfDownload

In case you’re wondering, here’s the case where TTT already won this relief in tribal court.

These dudes is as befuddled as I am.

South Dakota Federal Court Finally Resolves Matter Arising from Federal Government’s Impoundment of Livestock at Pine Ridge Way Back in 2015 and 2016

Matthew L.M. Fletcher

Here are the materials in Temple v. Roberts (D.S.D.):

180-1 Oglala Sioux Tribal Court Decision

213 Federal Trial Brief

215 Temple Pre-Trial Brief

228 DCT Order

Prior post here.

Pretty sure these dudes didn’t have anything to do with this case, but they look cool — Ed Red Owl, Jerry Flute and Elijah Back Thunder

Yavapai-Apache Nation Appellate Court Decides La Posta Band of Diegueno Mission Indians v. Yavapai-Apache Nation

Matthew L.M. Fletcher

Here is the opinion:

YAN v La Posta Opinion.pdfDownload

Most recent related post here.

Washington Federal Court Rejects ICRA Habeas Petitions Challenging Assault Conviction of Council Member

Matthew L.M. Fletcher

Here are the materials in Sellards-Reck v. Shook (W.D. Wash.):

1 Habeas Petition.pdfDownload
21 Cowlitz Response to Petition.pdfDownload
25 Petitioner Reply.pdfDownload
30 Cowlitz Reply.pdfDownload
31 Magistrate Recommendation.pdfDownload
32 DCT Order Adopting Recommendation.pdfDownload

Idaho Federal Court Dismisses Suit against Nez Perce Tribal Judiciary

Matthew L.M. Fletcher

Here are the materials in Souther v. Nez Perce Tribe Judicial Services (D. Idaho):

1 Complaint

4-1 Motion to Dismiss

8 Response

9 Reply

11 DCT Order