Colville Tribal Prosecutor Article on Practicing in Tribal Court

From the March 2013 edition of the Washington State Bar’s “NW Lawyer“:

nwlaywer201303

Tribal Court Suit to Prevent 306 Nooksack Tribal Membership Disenrollments

Here:

Complaint (with a list of the 306 proposed disenrollees)

Motion for Temporary Restraining Order

Declaration of Nooksack Elder Sonia Lomeli (with Exhibits)

Declaration of Noosack Elder Norma Aldredge (with Exhibits)

Declaration of Tribal Council Secretary Rudy St. Germain (with Exhibits)

Declaration of Tribal Member RaeAnne Rabang

Declaration of Tribal Fisherman Terry St. Germain (with Exhibits)

Declaration of Gabriel S. Galanda (with Exhibits)

N.C. Appellate Court Affirms Dismissal of Tort Suit against EBCI

We previously posted an earlier appeal of this case to the state appellate system here. The Eastern Band tribal court had jurisdiction all along.

Here are the materials in Cardeon v. Owle Constr. II:

Appellant Brief

Appellee Brief

Reply Brief

NC App Unpublished Decision

Federal Court Holds Navajo Nation Labor Commission Has No Jurisdiction over Window Rock Public Schools

Here are the materials in Window Rock Unified School District v. Reeves (D. Ariz.):

DCT Order Granting Summary J to School District

NNLC Motion to Dismiss

Window Rock Response

NNLC Reply

Window Rock Reply

We posted the complaint here.

New Scholarship on Domestic Violence and Alaska Natives

Laura S. Johnson has published “Frontier of Injustice: Alaska Native Victims of Domestic Violence” (PDF) in American University Law School’s “The Modern American.”

An excerpt:

This paper will present three pieces of a strategy to better combat domestic violence in Alaska Native communities. First, cooperation among sovereigns is critical to ensure that laws are enforced. Second, effective law enforcement can be enhanced by creative, community-based, culturally-sensitive models that respond to domestic violence through alternate forms of dispute resolution in Alaska Native communities such as tribal courts. The State of Alaska should actively encourage the development of tribal courts to offer victims alternative forms of dispute resolution because they can offer victims more immediate, culturally-sensitive and community-based remedies. And finally, Alaska Native tribes should exercise regulatory civil jurisdiction over domestic violence crimes in their communities to help Alaska Native victims of domestic violence achieve justice and be protected from their abusers. Part I lays the foundation for a discussion of legal remedies available to Native Alaskans by briefly examining the limitations on tribal jurisdiction in Alaska. Part II presents the remedies that are currently available to Alaska Native victims of domestic violence. Part III expands from the Alaska Supreme Court’s monumental decision in John v. Baker to argue that Alaska’s courts should recognize tribal jurisdiction in domestic violence cases just as Alaska’s Supreme Court recognized tribal adjudicatory jurisdiction in the family law context.

Comanche Nation v. CDST Gaming I, LLC, Tribal Jurisdiction

Opinion here

This Court is asked to determine whether, or not, the 2011 Tribal Court Ordinance of the Comanche Nation confers jurisdiction on the Court of Indian Offenses to hear the case entitled Comanche Nation vs. CDST-Ga~ing I, LLC. The case was filed in 2008, and has been the subject ofan Order by the United States District Court for the Westem District ofOklahoma (Judge Stephen P. Friot) wherein Judge Friot found that the Court oflndian Offenses should determine whether, or not, jurisdiction was appropriate witli the Court of Indian Offenses pursuant to the Ordinance adopted on April2, 2011 , by the Comanche Business Committee entitled Comanche Nation Tribal Court Civil Jurisdiction Ordinance of 2011, Resolution No. 36-11 which was approved by the
Bureau of Indian Affairs by a letter dated June 1O, 2011.

The Alabama-Coushatta Tribe of Texas is hosting its Third Judicial Symposium on April 25, 2013

The Agenda is attached.  The focus of the Symposium is on strengthening and healing children, families, and the community through tribal-state collaboration.  There is no fee for this event.

Like a beautiful Alabama-Coushatta basket,

All things are woven together like a story, with love and prayers.

We are but one strand, but together we are the intricate weave of all generations.

Whatever we do to others, we do to ourselves.

Traditional wisdom, along with tears, laughter and peace, fill the basket;

Connecting all generations in the spirit of respect and unity.

 

~ Sr. Peacemaker, OtheldaJean Williams ~ 2013

Tort Claim against Rincon Casino Operations Dismissed on Tribal Court Exhaustion Grounds

Here are the materials in Butler v. Fortunes Asian Cuisine (S.D. Cal.):

DCT Order on Exhaustion

Rincon Defendants Motion to Dismiss

State Court Complaint

Walking on Common Ground — New Publications on Tribal Courts & PL 280

Promising Strategies: Tribal State Court Relations
Tribal courts and state courts interact across an array of issues, including child welfare, cross jurisdictional enforcement of domestic violence orders of protection, and civil commitments. Since the early 1990s, initiatives by judges’ organizations within both judicial systems have focused on an agenda of greater mutual understanding and cooperative action. This publication spotlights some of the most successful strategies within these initiatives. Click here to read full document.

Promising Strategies: Public Law 280
In PL 280 jurisdictions, the concurrent jurisdiction of state and tribal courts over criminal prosecutions and civil actions arising in Indian Country creates many interactions and complications. Tribal and state authorities encounter one another across an array of issues, including government-to-government recognition, concurrent jurisdiction, cross-jurisdictional enforcement of domestic violence orders of protection, cross-deputization, and civil commitments. Tensions and misunderstandings have been common features of tribal and state policing relations in the past, sometimes erupting in jurisdictional conflicts. This publication highlights unique ways in which tribal and state jurisdictions have entered into collaborations to overcome barriers to effective justice provision. Click here to read full document.

Hualapai Tribal Court Issues Stay Order in Tribal Court Suit against Grand Canyon Skywalk

Here:

Hualapai Tribal Court Stay Order