Recall that in Muscogee (Creek) Nation Council v. Muscogee (Creek) Nation Election Board that three Justices purported to dismiss a claim relating to tribal constitutional amendments posted here on Saturday. Now the three other sitting Justices have declared that opinion void ab initio (opinion here: Response to Opinion and Order).
Here are the materials in Sprint Communications v. Native American Telecom (D. S.D.):
Sprint Opposition to Motion for Stay
NAT Reply in Support of Motion to Stay
NAT Opposition to Motion for PI
Sprint Reply in Support of Motion for PI
An excerpt:
A year ago, the Muscogee (Creek) Nation Council, along with a tribal member co-plaintiff, sued the Muscogee Election Board to challenge the adoption of several amendments to the tribal constitution, suing in the Muscogee (Creek) Nation Supreme Court’s original jurisdiction. That Court held, over a dissent, that it was improper to bring suit under the Supreme Court’s original jurisdiction, and remanded the case to the district court. The district court judge recused, leaving a vacancy that was never filled by the Muscogee executive branch. The case languished, and now the Muscogee (Creek) Nation Supreme Court (3-2, with one Justice not participating) has dismissed the claims for lack of standing of the plaintiffs, apparently without notice to the parties or the benefit of briefing of either party on the questions of whether it could reassert jurisdiction or on the standing of the parties.
Here are the materials:
Muscogee Council & Robert Trepp Complaint // CV 09-211 Summons & Complaint signed
Supreme Court Order Remanding to DCT
District Court Judge Recusement
Supreme Court Order Dismissing Suit // Supreme Court Order Dismissing Suit complete opinion
The opinion in Cowan-Watts v. Smith is here.
Here are the available briefs:
Here is the opinion in Cowan-Watts v. Smith: Cherokee Nation election case.
An excerpt:
The Court FINDS that the portion of the Legislative Act 22-10 purporting to create a district with a 22.8% deviation in representation is hereby determined to be unconstitutional. This Court further finds that the redistricting plan offered by Cowan-Watts is a constitutional alternative, but we do not adopt such measure because to do so would violate the Separation of Powers Doctrine. The final decision on redistricting is for the Cherokee Nation Tribal Council and they should act immediately to readdress the issue of redistricting by legislation.
Howard L. Brown & Hon. Raymond Austin will soon publish “The Twenty-Fifth Anniversary of the Navajo Preference in Employment Act” in the New Mexico Law Review. Here is a sneak preview: Navajo Preference in EmploymentAct, 40 NMLR 17 (2010).
A very, very timely and important article, especially given the recent Ninth Circuit order and remand in EEOC v. Peabody Coal.
Here are the materials:
Opening brief is here, and lower court materials here.
Details here, from the Bustamante filing:
Respondents argue that because Mr. Bustamante has completed his sentence and been released from custody, and because Mr. Bustamante’s habeas petition challenges only the length of his sentence, his appeal should be dismissed on grounds of mootness. Upon review of Respondents’ motion and pertinent authorities, including North Carolina v. Rice, 404 U.S. 244 (1971), Mr. Bustamante, by and through undersigned counsel, agrees with Respondents’ contention and does not oppose Respondents’ motion.
TRIBAL COUNCIL SEEKS LETTERS OF INTEREST FROM PERSONS TO SERVE ON AS CHIEF JUDGE OF THE NHBP TRIBAL COURT (TRIAL COURT). The Tribal Council is soliciting letters of interest from qualified individuals interested in being appointed to serve as Chief Judge of the NHBP Tribal Court. The individual appointed to this position would be appointed to a term of office which expiring on December 31, 2014. Letters of interest must be submitted no later than December 15, 2010 to be considered. Interested applicants should send a letter of interest and statement of qualifications (or resume) to: Homer A. Mandoka, Tribal Council Chairperson, 2221 1 ½ Mile Road, Fulton, Michigan 49052.
Qualifications for Appointment: In accordance with the NHBP Constitution, persons interested in being appointed to the Tribal Judiciary must agree to undergo an extensive background investigation. The qualifications of prospective appointees are determined by the Tribal Council in accordance with the qualifications for office contained in Article X of the NHBP Constitution which include the following:
Turtle Talk 
You must be logged in to post a comment.