tribal courts

Spirit Lake Tribal Judge Removed in Aftermath of Child’s Death

Matthew L.M. Fletcher

Here.

Additional Tribal Court Materials in Nooksack Tribal Disenrollment Case — Second Emergency Motion for TRO

Matthew L.M. Fletcher1 Comment

Here are the new materials in Lomeli v. Kelly (Nooksack Tribal Ct.):

Second Emergency Motion for Temporary Restraining Order

Defendants’ Response in Opposition to Second Emer Motion for TRO

Reply in Support of Second Emergency Motion for TRO

Tribal Court Order Denying Second TRO Motion re Election

Tribal Court Order Denying Second TRO Re General Special Meetings

Prior posts here, here, here, and here.

Tribal Court Brief in Muscogee (Creek) Nation Tribal Court Jurisdiction Appeal

Matthew L.M. Fletcher

Here is the appellee brief in Thlopthlocco Tribal Town v. Stidham:

16-Answer brief of Defendant-Appellees

Opening brief here.

Lower court materials here.

N. Dakota SCT Briefs in State Utility Jurisdiction Case Involving Turtle Mountain

Matthew L.M. Fletcher1 Comment

Here are the briefs in North Dakota Electric Cooperative Inc. v. North Dakota Public Service Commission:

North Central Elec Coop Brief

N.D. Public Service Commission Brief

Otter Tail Power Co Brief

Turtle Mountain Brief

Nebraska Intervenes in Tribal Liquor Jurisdiction Case Involving Pender, NE Liquor Sellers

Matthew L.M. Fletcher3 Comments

Here are the materials in Smith v. Parker (D. Neb.):

DCT Order Granting Nebraska Motion to Intervene

Nebraska Motion to Intervene

Opposition to Motion to Intervene

Nebraska Reply in Support of Motion to Intervene

Prior posts on this very interesting case are here and here.

DOJ Publishes Notice of VAWA Pilot Program

Matthew L.M. Fletcher

Here.

Description:

This notice proposes procedures for an Indian tribe to request designation as a participating tribe under section 204 of the Indian Civil Rights Act of 1968, as amended, on an accelerated basis, pursuant to the voluntary pilot project described in section 908(b)(2) of the Violence Against Women Reauthorization Act of 2013 (“the Pilot Project”), and also proposes procedures for the Attorney General to act on such a request. This notice also invites public comment on the proposed procedures and solicits preliminary expressions of interest from tribes that may wish to participate in the Pilot Project.

New Oregon Law Review Article on (Tribal) Criminal Jurisdiction and the Nation-State

Matthew L.M. Fletcher

David Wolitz has published “Criminal Jurisdiction and the Nation-State: Toward Bounded Pluralism” in the Oregon Law Review.

An excerpt:

In this Part, I argue that criminal jurisdiction on tribal lands already reflects major elements of the Bounded Pluralism approach I support, but that criminal justice in Indian Country could be improved if tribes had greater functional jurisdiction and if the federal government had greater supervisory authority to set fundamental-rights constraints on that jurisdiction.

Opening Ninth Circuit Briefs in EXC v. Jensen — Navajo Court Jurisdiction over Nonmember

Matthew L.M. Fletcher3 Comments

Here:

Opening Brief

Navajo Nation Amicus Brief

NCAI Amicus Brief

Lower court materials here.

Update Federal District Court Materials in Yakama/Washington Tax Dispute

Matthew L.M. Fletcher

Here are updated materials in State of Washington v. Yakama Nation Tribal Court (E.D. Wash.):

DCT Denying Motion to Dismiss for Ineffective Service

DCT Order Denying Motion to Compel Arbitration

Yakama Motion to Compel Arbitration

Yakama Motion to Dismiss for Ineffective Service

State Opposition to Yakama Motions

Yakama Reply on Arbitration

Yakama Reply on Ineffective Service Motion

Prior posts are here and here. The case is pending in the CA9 — materials here.

Tulalip COA Holds ICRA’s Excessive Fines Clause Applies to Tribal Civil Forfeiture

Matthew L.M. Fletcher

Here is the opinion in The Tulalip Tribes v. 2008 White Ford Econoline Van (Tulalip Tribal Court of Appeals).