David Wilkins in ICT on the Nooksack Disenrollments

Here.

An excerpt:

To her credit, it appears that the Chief Judge was attempting to console the disenrollees and explain a decision that gravely disappointed them. Unfortunately, she also utilized words that profoundly diminished indigenous sovereignty:
“While the Court recognizes the important entitlements at stake for the proposed disenrollees, this is a fundamentally different proceeding than a loss of United States’ citizenship…. In the case of tribal disenrollees, the disenrollee loses critical and important rights, but they are not equal to the loss of U.S. citizenship. A person who is disenrolled from her tribe loses access to the privileges of tribal membership, but she is not stateless. While she loses the right, for example, to apply for and obtain tribal housing through the Tribe, her ability to obtain housing in general is unaffected. Though she loses the right to vote in tribal elections, she does not lose the right to vote in federal, state, and local elections. While the impact on the disenrollee is serious and detrimental, it is not akin to becoming stateless.” (Emphasis mine.)

Whatever one’s views on the way each Native nation chooses to exercise their sovereignty with regard to defining membership, the judge’s view of Native nationhood is chilling. By ruling that the termination of a Native person’s citizenship is “not equal to the loss of U.S. citizenship” and the loss of tribal membership is “not akin to becoming stateless,” she places Native citizenship in a position squarely inferior to U.S. citizenship. The implications are profound. It is not realistic to expect to maintain true government to government relations with states and the federal government if we begin by diminishing our own status as citizens of sovereign nations.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/11/07/disenrollment-disaster-my-citizenship-better-yours

Lummi Tribe Prevails in Indian Child Welfare Matter involving Tribal Court Jurisdiction

Here are the materials in Jones v. Lummi Tribal Court (W.D. Wash.):

48 Jones Motion

55 Lummi Response

57 Jones Reply

60 DCT Opinion and Order

61 DCT Order Dismssing Complaint

Prior orders in this case are here and here.

Legal Services Corp. Proposed Rule on Restrictions on Criminal Representation

Here. Comment period expires Dec. 4, 2013.

The summary:

This proposed rule updates the Legal Services Corporation (LSC 
or Corporation) regulation on legal assistance with respect to criminal 
proceedings. The Tribal Law and Order Act of 2010 (TLOA) amended the 
LSC Act to authorize LSC funds to be used for representation of persons 
charged with criminal offenses in tribal courts. This proposed rule 
will bring the regulations into alignment with the amended LSC Act. The 
proposed rule will also revise the conditions under which LSC 
recipients can accept or decline tribal court appointments to represent 
defendants in criminal proceedings.

Nooksack Tribe Appellee Brief in Lomeli v. Kelly

Here:

Lomeli v Kelly COA Response Brief of Appellees

Opening brief here.

Alaska Newspaper Poll on Tribal Court Jurisdiction

Here.

Third Nooksack Suit over Disenrollment Filed; DOI Petition Distributed

Here are new updates in the Nooksack disenrollment saga. First, a third tribal court suit, Adams v. Kelly:

Adams v. Kelly Complaint For Prospective Equitable Relief

Second, a letter to Interior Secretary Jewell on the Secretarial election coming up:

October 16 2013 Letter and Petition to Secretary Sally Jewell

Opening Brief in Lomeli v. Kelly — Nooksack Disenrollment Appeal

Here:

Lomeli v Kelly Opening Brief of Appellants

 

Nooksack Court Orders Tribe to Allow Legal Representation in Disenrollment Proceedings … by 800 number … in 10 minute hearings

Here are the newest materials in Roberts v. Kelly (Nooksack Tribal Court):

Roberts v Kelly Order Granting Defendant’s [Sic] Motion to Dismiss

Roberts v. Kelly Second Motion for Temporary Restraining Order

And an order in the Lomeli v. Kelly matter from the appellate court:

Lomeli v Kelly Order Accepting Appeal of September 24 2013 Order

News coverage here.

Federal Court Dismisses Effort to Enforce Multi-Million Dollar Tribal Court Judgment for Lack of Subject Matter Jurisdiction

Here are the materials in Brenner v. Bendigo (D. S.D.):

1-1 CRST Court Order

8 Bendigo Motion to Dismiss

9 Brenner Brief

10 Bendigo Response Brief

11 DCT Order

An excerpt:

This is an original garnishment action brought in federal court pursuant to a state statute to enforce a tribal court judgment. Doc. 6. An action for a writ of garnishment filed in federal district court as an independent action does not arise under federal law; it arises under state law. See Berry v. McLemore, 795 F.2d 452, 456 (5th Cir. 1986) (“First, subject matter jurisdiction as defined in 28 U.S.C. § 1331, does not exist, because an action for a writ ofgarnishment arises from state law, not federal law. “). Even when taking all the facts pleaded in the Affidavit as true, this action does not arise under federal law and federal question jurisdiction is not proper.

 

News Update on Nooksack Disenrollments

Here.

Materials to be posted later.

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