Here are the materials in United States v. Farlee (D. S.D.):
tribal courts
Navajo Nation Supreme Court Issues Opinions in Employment and Government Contracting Disputes
Here is the opinion in Meadows v. Navajo Nation Labor Commission.The court’s syllabus:
The Court grants a petition for writ of mandamus, finding that the Labor Commission lacked authority to order the recusal of the panel and all previous members. The Court remands the matter for the Commission to hear the merits of the case. (November 2, 2012).
Here is the opinion in Graven v. Morgan. An excerpt:
This case concerns an appeal of Window Rock District Court’s dismissal of a breach of contract lawsuit. Appellant Will Graven appeals the June 17, 2010 decision of the district court dismissing the suit against Appellees Speaker of the Navajo Nation Council and the Chief of Staff of the legislative branch in their individual capacities on the basis of sovereign immunity.The Court affirms the dismissal but on other grounds.
Minnesota COA Affirms Enforcement of Tribal Court Judgment in White Earth Fraud Case
Here is the unpublished opinion in United States ex rel. Auginaush v. Medure:
An excerpt:
The tribal court adopted the arbitration transcript as the official record of its proceeding. This transcript included testimony from Medure. In August 2009 the tribal court ruled that the 1992 contract was null and void. In November 2010 the tribal court issued an order and judgment in favor of the band awarding all amounts paid under the contract, amounting to more than $18.5 million with interest accruing at the daily rate of $1,669.12.
We posted about this case in 2009.
Southern Plains Court of Indian Offenses Asserts Jurisdiction over Gaming Contract Dispute
Here are the materials in Comanche Nation v. CDST Gaming-I Inc.:
Seventh Circuit Briefs in Challenge to Martin Webb Payday Lending Company’s Forum Selection Clause
Umatilla Tribal Court Hands Down 27 Month Sentence under TLOA’s Enhanced Sentencing Rules
Here.
From Brent Leonhard:
Just to clarify a few things about the story:
The info isn’t entirely accurate, but it isn’t too far off. If the BOP doesn’t pick up the tab, the Tribe will have to pay for incarceration and we contract with Umatilla county – not federal prison. Also, I’m fairly sure we are the first to implement felony sentencing (we did it in March of 2011). Finally, this was the third person sentenced to more than a year for a felony offense, but the first to have jail time imposed of over a year for a single offense. (The other two had 3 years imposed but all but 6 months was suspended in one and all but 3 months suspended in the other – with 3 years of probation and the suspended time hanging over their heads).
The big issue is whether the BOP Pilot Project will accept our referral on the 27 month imposed jail sentence so the feds will eat the cost and house him in their system. I’m waiting to hear back on that.
Ninth Circuit Rejects Challenge to Colville Tribal Membership Determination
Here are the materials in Desautel v. Dupris:
Sault Tribe Appellate Judge Posting
REQUEST FOR PROPOSALS
The Sault Ste. Marie Tribe of Chippewa Indians seeks qualified licensed attorneys for the position of Reserve Appellate Judge in the Sault Ste. Marie Chippewa Tribal Appellate Court.
The Appellate Court meets monthly. Oral argument is held in Sault Ste. Marie, Michigan.
Appeals filed vary from year to year, but typically can be anywhere from 1 – 4 per year.
These positions are paid at the rate of $150 per hour with a maximum billing of $5,000 per year.
Qualifications for Licensed Attorney positions include:
- Must be a member in good standing with a State Bar.
- Preference will be given to those who are members of the Sault Ste. Marie Tribe of Chippewa Indians.
To further be considered for these positions, Applicants should be able to demonstrate that they have:
- Substantial education and experience working with Tribal, State and Federal law
- Extensive knowledge in civil, juvenile, criminal and child welfare proceedings
- Knowledge and understanding of the history and traditions of the Sault Tribe
A letter of interest, resume, and application should be submitted to:
Sault Ste. Marie Chippewa Tribal Court
2175 Shunk Road
P.O. Box 932 or via email to tswan@saulttribe.net
Sault Ste. Marie, MI 49783
Attn: Court Administrator
Applications can be picked up at the Sault Ste. Marie Chippewa Tribal Court or found at www.saulttribe.com, in the download section of Tribal Court’s webpage under the Government tab. A copy of Tribal Code is also available to view at www.saulttribe.com.
For more information, please contact the Court Administrator’s office at 906.635.7747, or via email at tswan@saulttribe.net.
he deadline to submit an application is November 30, 2012.
Tenth Circuit Affirms Dismissal of ICRA Habeas Petition for Failure to Exhaust Tribal Remedies
Here are the materials in Valenzuela v. Silversmith, arising out of the Tohono O’odham Nation courts:
An excerpt:
Alvin Valenzuela, an enrolled member of the Tohono O’odham Nation (the “Nation”), through counsel, filed a petition for writ of habeas corpus pursuant to 25 U.S.C. § 1303 seeking relief from tribal court convictions and his sentence. While Mr. Valenzuela’s petition was pending in federal district court, he completed his sentence and was released from prison. The district court concluded that Mr. Valenzuela’s claims were moot because of his release. Alternatively, it concluded that Mr. Valenzuela had failed to exhaust his tribal remedies before seeking habeas relief in federal court. Based on these alternative grounds, the district court dismissed Mr. Valenzuela’s § 1303 petition. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm on the ground that Mr. Valenzuela failed to exhaust his tribal court remedies and remand for the district court to dismiss his § 1303 petition without prejudice.
Ryan Seelau on Native Juvenile Justice Systems
Ryan Seelau has published, “The Kids Aren’t Alright: An Argument to Use the Nation Building Model in the Development of Native Juvenile Justice Systems to Combat the Effects of Failed Assimilative Policies,” in the Berkeley Journal of Criminal Law.
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