tribal courts

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).

Update in Chukchansi Factional Dispute

Matthew L.M. Fletcher1 Comment

Here are the updated materials in Picayune Rancheria of Chukchansi Indians v. Rabobank (E.D. Cal.):

Ayala Faction Motion for TRO

Rabobank Opposition

Lewis Faction Opposition

DCT Order Denying TRO

Our prior post that includes the proceedings in what the district court called the “Ayala tribal court” are here.

Navajo Nation SCT Decision Asserting Jurisdiction over Nonmember Helium Plant Repossession Action

Matthew L.M. Fletcher

Here is the opinion in Neptune Leasing Inc. v. Mountain States Petroleum Corp. and Nacogdoches Oil and Gas Inc. The court’s syllabus:

The Supreme Court issues its opinion in this appeal of the Shiprock Court’s dismissal of a repossession action on the basis of a lack of personal jurisdiction over Mountain States. The Court reverses and remands for further proceedings. The action concerns the sale and re-sale of a helium plant and its assets located on a Navajo Nation business site leasehold performed without involvement or consent of the Navajo Nation and without even a written business site lease. Finding that the Shiprock Court erred in providing conclusory findings as to jurisdiction, the Court found jurisdiction after engaging in a full jurisdictional discussion involving inherent sovereignty, Navajo statutes, and federal common law tests. The parties had additionally challenged subject matter jurisdiction on the basis of a private agreement between the purported buyer and seller which selected Texas as their litigation forum; however the Court stated that no private contractual clause may avoid Navajo Nation jurisdiction over transactions on Navajo Nation land involving assets in which the Navajo Nation may have an interest. Additionally, the Court repeated that there is no such things as an equitable business site lease.

Tort Claims Styled as Compact Breach against Barona Band Dismissed

Matthew L.M. Fletcher

Here are the materials in Nasella v. Barona Valley Ranch Resort and Casino (S.D. Cal.):

DCT Order Granting Motion to Dismiss

Barona Valley Motion to Dismiss

Nasella Complaint

Update in Nooksack Membership Dispute

Matthew L.M. Fletcher2 Comments

News coverage here. Previous post on the recent tribal court litigation. And an update on tribal court filings:

Second Declaration of Gabriel S. Galanda

And a federal complaint alleging FOIA violations by the Bureau of Indian Affairs — St. Germain v. Dept. of Interior (W.D. Wash.):

St Germain v Interior Complaint

 

Ninth Circuit Dismisses Fred v. Washoe Tribe Appeal

Matthew L.M. Fletcher

Here is the unpublished opinion.

Briefs:

Washoe Tribe Opening Brief

Fred Brief

From the opinion:

This is an interlocutory appeal asserting jurisdiction in this court under the collateral order doctrine. The underlying claims relate to the Washoe Tribe’s decision to take custody of the plaintiff’s grandchildren due to allegations of abuse by the grandchildren’s mother (the plaintiff’s daughter). After pursuing tribal  remedies, the grandmother, Ms. Fred, filed suit against the Tribe in federal district court. The district court dismissed for failure to state a claim with leave to amend. The Tribe appeals the district court’s dismissal in its favor because the dismissal was without prejudice, arguing that the complaint should have been dismissed with prejudice for three reasons: 1) failure to exhaust tribal court remedies; 2) tribal sovereign immunity; and 3) lack of subject matter jurisdiction.

Prior posts on this case here and here.