Ninth Circuit Dismisses Challange to Mont. SCT Decision in Unauthorized Law Practice in Blackfeet Tribal Court

Here are the materials in O’Neil v. State of Montana (unpublished opinion):

O’Neil Opening Brief

Montana Answer Brief

O’Neil Late Reply Brief

 

Cert Opposition in Glacier Elec. v. Estate of Sherburne

Here: Sherburne Cert Opp

Federal Court Grants ICRA Habeas Petition of Kewa Pueblo Prisoner

Here are the materials in Pacheco v. Massengill (D. N.M.):

Pacheco Habeas Petition

Pacheco Motion to Expedite

Order Granting Petition for Writ of Habeas Corpus

Materials on Navajo SCT Disbarment of Navajo Legislative Legal Counsel

Here:

In re Seanez Writ

In re Seanez, No. SC-CV-58-10,opinion

Wisc. SCT Justice Unhappy with Teague Protocol

News article here.

Tribal court judges assert there’s no problem with consent to tribal court transfer:

Oneida Chief Judge Winifred Thomas told the Supreme Court this week that the results have been excellent. She said the tribal courts try very hard to create a win-win situation, even though the parents have agreed to disagree.

Thomas says the transfers to tribal courts are important, because she believes many Native Americans don’t get a fair shake in circuit courts.

Navajo Supreme Court Disbars Navajo Legislative Counsel

Here is the news article.

Michigan COA Decides ICWA Challenge re: Active Efforts and Tribal Court Transfer

… and a challenge to the expert witness.

Here is the unpublished opinion in In re Swinson.

 

Journal of Court Innovation Special Issue on Tribal Justice

ARTICLES

Full Faith and Credit and Cooperation Between State and Tribal Courts: Catching Up to the Law
By Paul Stenzel | PDF

Treaties, Tribal Courts, and Jurisdiction: The Treaty of Canandaigua and the Six Nations’ Sovereign Right to Exercise Criminal Jurisdiction
By Carrie E. Garrow | PDF

21st Century Indians: The Dilemma of Healing
By Carey N. Vicenti | PDF

The State of Pretrial Release Decision-Making in Tribal Jurisdictions: Closing the Knowledge Gap By John Clark | PDF

Tribal Probation: An Overview for Tribal Court Judges
By Kimberly A. Cobb and Tracy G. Mullins | PDF

INTERVIEWS

Introduction Reflections on Tribal Justice: Conversations with Native American Judges | PDF

Abby Abinanti, Chief Judge, Yurok Tribal Court, Klamath, California, and California  Superior Court Commissioner | PDF

P.J. Herne, Chief Judge, St. Regis Mohawk Tribal Court, Akwesasne, N.Y. | PDF

B.J. Jones, Tribal Court Judge and Director, Tribal Judicial Institute at the University of North Dakota School of Law | PDF

Continue reading

Navajo SCT Issues In re Saenez Writ of Prohibition — UPDATED

Here is the opinion in In re Saenez: InreSeanezWrit.

An excerpt:

On August 4, 2010, you issued a legal memorandum advising the Speaker of the Navajo Nation Council that the Court in its July 16, 2010 Opinion and Order on Reconsideration, Shirley v. Morgan, No. SC-CV-02-10, exceeded its jurisdiction in a number of holdings, even though the holdings are now settled law, with the time period for reconsideration having passed and no motion for reconsideration having been filed or raised by the party Council. You advised the Navajo Nation Council that it is legal to defy our holdings, and the result was in fact defiance by the Office of the Speaker in its August 4, 2010 memorandum to Office of Navajo Government Development staff. Your legal advice runs counter to Navajo Nation law and is in violation of 7 N.N.C. §206 which imposes upon you, as a  government lawyer, a duty not to obstruct interfere or otherwise influence the functions of the Navajo Nation Courts.

The court ordered Mr. Saenez to appear Friday to show cause why he should not be barred from practice in the Navajo courts.

And here is the Chief Legislative Counsel opinion at issue: Opinion_No._CLC-04-10[1]

Federal Court Dismisses Indian Country Indictment for Reliance Upon Uncounseled Tribal Court Convictions

Here are the materials in United States v. Shavanaux (D. Utah):

DCT Order Dismissing Shavanaux Indictment

Shavanaux Motion to Dismiss

Government Opposition to Shavanaux Motion to Dismiss

Shavanaux Reply