Note the dates of the orders (Sept. 9 and Sept. 11), and the actual release of the council (Sept. 11): Order Granting Habeas Corpus.
tribal courts
LVD Council Released from Jail
From tv:
WATERSMEET — The Lac Vieux Desert tribal council is back in Watersmeet after an appellate court ruled they should be released from jail.
According to the tribal council’s attorney, Zeke Fletcher, the appellate court made the ruling two days ago but Judge Bradley Dakota did not recognize the ruling.
The nine member council has been in the Iron County jail since Wednesday because they refuse to swear in two new tribal council members despite the court order.
They were held in contempt of court and jailed.
Opening Brief in Second Ninth Circuit Tribal Court Consecutive Sentencing Case
The case is Bustamante v. Valenzuela. And the brief: Appellant’s Opening Brief 9th Cir.100910
Lower court materials are here.
LVD Tribal Council Press Release
News Coverage of LVD Council Jailing
WATERSMEET — It has been a politically charged few weeks for the Lac Vieux Desert Tribe but things turned criminal on Wednesday.
All nine members of the tribal council were held in contempt of court after refusing to swear in the new chairman and treasurer and are now sitting in jail.
Judge Bradley Dakota’s ruling said the council must remain in jail until a majority agrees to swear in the new members.
Ruth Antone is an elder within the tribe and has lived on Lac Vieux Desert land all of her life.
She supports swearing in the new council but given the fact that two of her grandchildren are on the current council and are now in jail it’s been a difficult situation.
“I was at the hospital last night because my blood pressure was high and that’s because all that’s been going on,” she said. “I want it over with, I’m glad it’s over with soon I hope.”
The jailed council members released a statement through their attorney saying:
“We are being criminally punished for upholding the Constitution.”
LVD Council Habeas Petition — UPDATED with Exhibits
Here: LVD Council Habeas Petition.
Update (9/10/10): LVD Habeas Exhibits.
Update (9/11/10): LVD Habeas Exhibits Part 2
Amazing materials. Has this ever happened before? Wonder if one of these (a habeas petition on behalf of an entire tribal council) has ever been filed.
LVD Council Arrested?!?!?
WATERSMEET — Controversy continues to surround the Lac Vieux Desert Tribe and Wednesday police took action.
All nine tribal council members have been arrested for disobeying a court order by refusing to swear in the newly elected chairman and treasurer at last night’s tribal council meeting.
In July, tribal members protested the council’s decision not to step down after seven of the nine council members were voted out of office.
A third party judge ruled last month that the new chairman and treasurer must be sworn in and a new election would be held for the five general council positions.
The nine arrested council members have been transported off tribal property and are being held in the iron county jail without bond.
Water Wheel Tribal Court Jurisdiction Case Update
The Ninth Circuit denied Water Wheel’s motion to enjoin its eviction from tribal lands. Here are those materials:
CA9 Order on Emergency Injunction
And the briefing is complete. Here are the merits briefs (amicus briefs here):
Ninth Circuit Decides Tribal Court Civil Jurisdiction Case Involving Personal Injury Claim against Non-Indian Company
Here is the unpublished opinion in Town Pump Inc. v. LaPlante.
Here are the materials:
Turtle Talk 
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