tribal courts

Opening Ninth Circuit Briefs in Yakama-State of Washington Tax Dispute

Matthew L.M. Fletcher1 Comment

Here are the briefs in Confederated Tribes and Bands of the Yakama Reservation v. State of Washington:

Yakama Opening Brief

Washington Answer Brief

Reply Brief to come

Lower court materials here and here. Tribal court materials here.

Leadership Dispute at Chukchansi — Federal Court Suit over Bank Accounts

Matthew L.M. Fletcher2 Comments

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

Complaint

Motion for Intervention

Tribal Court materials:

Tribal Court Complaint

Tribal Court TRO Motion

Tribal Court TRO

Tribal Court PI Motion

Tribal Court PI Order

Grand Canyon Skywalk Development Files Petition for En Banc Review of Tribal Court Jurisdiction Panel Decision

Matthew L.M. Fletcher

Here:

Petition for Rehearing En Banc

Panel materials are here.

Petition for Review Filed with N.Carolina SCT in Cherokee Tribal Court Jurisdiction Matter

Matthew L.M. Fletcher1 Comment

Here is the petition in Carden v. Owle Construction, LLC:

Petition for Discretionary Review

Lower court materials here. An earlier incarnation of the case, here.

Non-Indian Who Consented to San Carlos Apache Tribal Jurisdiction Now Challenging State Prosecution

Matthew L.M. Fletcher

Here is the petition for review in the Arizona Court of Appeals in Ellsworth v. Superior Court:

Ellsworth Petition

 

News Profile of California Tribal Courts (especially Yurok)

Matthew L.M. Fletcher

Here.

Federal Court Stays Contract Breach Claim Pending Tribal Court Proceedings

Matthew L.M. Fletcher

Here are the materials in Lexington Insurance Co. v. Data Aire (W.D. N.C.):

Consent Motion to Stay All Proceedings

Consent Motion to Stay Attorney Conference

DCT Order

State Court Complaint

Update in Federal Trespass Action at Makah (U.S. v. Ray)

Matthew L.M. Fletcher

The federal court, after ordering the United States DOJ to exhaust tribal court remedies (an order that apparently made the government’s attorneys ornery), granting partial summary judgment to the government.

Here are the new materials in United States v. Ray (W.D. Wash.):

DCT Order Granting Partial Summary J

US Motion for Partial Summary J

US Motion to Lift Stay

And the Makah tribal court materials:

Makah Tribal Court Order

US Petition for Determination of Makah Tribal Law

The post on the federal court’s requirement that the government seek a tribal court determination of tribal law is here.

The underlying complaint is here.

Federal Court Gives Full Faith and Credit to Navajo Customary Adoption Order

Matthew L.M. Fletcher

A small part of this case, but important nonetheless. Here are the materials in Kinlichee v. United States (D. Ariz.):

Chinle District Court Order Validating Adoption

DCT Order Denying US Motion to Dismiss

DCT Order re Settlement

Federal Motion to Dismiss

Plaintiffs’ Response

From the opinion:

It is undisputed that Ms. Davis is a Navajo and that Mr. Kinlichee was as well. (Doc. 52–1 at 1–2). It is undisputed that the alleged negligence in this case occurred within the Navajo Nation. (Doc. 1 at 1–2). It is undisputed that Ms. Davis obtained an order in the Family Court of the Navajo Nation validating her Navajo common law adoption by Mr. Kinlichee. (Doc. 52–1 at 1–10). Although the adoption was posthumous as to Mr. Kinlichee and retroactive to 2003, the Navajo court granted the adoption. See (Doc. 52–1 at 1, 10).

Additionally, the Ninth Circuit Court of Appeals has held that a state must give full faith and credit to adoption decrees issued by the tribal court of a Native American sovereign. Venetie I.R.A. Council v. Alaska, 944 F.2d 548, 562 (9th Cir.1991). There is no issue known to the Court, or raised here, suggesting that the Navajo Nation lacks the status of a Native American sovereign, and its tribal court granted Ms. Davis an adoption order. If Ms. Davis had been legally adopted by Mr. Kinlichee in another state, and then became a tort plaintiff in the District of Arizona, that adoption likely would not be questioned, or legally analyzed for its merits, before Ms. Davis would be granted standing. Accordingly, this Court must recognize the order of the Navajo court validating Mr. Kinlichee’s adoption of Ms. Davis.
Therefore, as to Ms. Davis, the Court denies Defendant’s Motion to Dismiss for lack of standing.

Omaha Tribe RFP for Appellate Court Services

Matthew L.M. Fletcher

THE OMAHA TRIBE OF NEBRASKA & IOWA is seeking Requests for Proposals (RFP) for professional legal consultation to support the establishment of a local Appellate Court. Applicants shall be licensed to practice law in any State or Federal jurisdiction and shall be familiar with appellate process. The Applicant shall be responsible for drafting appellate process, accompanying procedures for Clerk of Court, assist in searching and interviewing potential appellate panel and providing educational presentations for community and governmental agencies. RFP’s can be directed to the Omaha Tribal Human Resources Department at P.O. Box 368, Macy, Nebraska 68039, (402) 837-5391, or emailed to the Omaha Tribal Human Resources Director Carlton LeCount at clecount@omahatribe.com .