tribal courts

Lower court materials here.

Questions presented are too long for this blog to reproduce.

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N.Y. Supreme Court Enforces Mashantucket Pequot Tribal Court Civil Judgment

February 25, 2010Matthew L.M. Fletcher

This is always nice to see:

Mashantucket Pequot v Yau

Navajo Tribal Council Overrides Veto of Law that Would Limit Application of Dine Fundamental Law

February 24, 2010Matthew L.M. Fletcher

News article via Indianz:

FLAGSTAFF, Ariz. – Navajo lawmakers voted Tuesday to override the veto of a bill that prohibits tribal judges from using a set of laws based on centuries-old traditional values and customs in court cases.

The Tribal Council voted 67-11 in favor of the override during a special session in Window Rock.

Judges often have interwoven what’s known as Dine Fundamental Law with other statutes that are not always consistent with Navajo cultures. Now, any dispute regarding the validity, application or interpretation of fundamental law will not be heard in Navajo courts but be resolved consensually through peacemaking.

“Judges and justices themselves do not know what fundamental law is all about,” said Delegate Lorenzo Curley, an inactive member of the Navajo Bar Association. “In this vague system that we have, how can we expect justice or fair play? There’s been no certainty at all.” Continue reading →

Montana Supreme Court Decides State/Tribal Court Jurisdiction Case

February 23, 2010Matthew L.M. Fletcher

The case is Morigeau v. Gorman and here are the materials:

Mont. SCT Opinion

Gorman Response Brief

Morigeau Reply Brief

FTCA Judgment Favoring Former BIA Criminal Investigator

February 19, 2010Matthew L.M. Fletcher1 Comment

Here is the opinion: Garvais v US

An excerpt:

The ultimate Finding of Fact in this matter is that the BIA maliciously caused the institution and continuation of unfounded criminal proceedings against Duane Garvais in Spokane Tribal Court in retaliation for the proper performance of his duties in investigating thefts by BIA patrol officers with close connections to the Tribe. As stated, those charges were ultimately dismissed pursuant to the finding of this court that the Spokane Tribal Court did not have jurisdiction over Mr. Garvais.

The court finds that Mr. Garvais and his family suffered substantial emotional distress and turmoil as the result of the wrongful action of the BIA at the behest of and in association with the Spokane Tribal Council and its agents and employees. This emotional distress continued over a period of years, including Mr. Garvais having to seek habeas corpus relief in this court. The court finds that just compensation to Mr. Garvais is in the amount of $ 400,000 plus the sum of $ 13,102.66 billed by Mr. Weatherhead’s law firm Witherspoon, Davenport, & Toole.

Dine Fundamental Law Survives Another Day

February 18, 2010Matthew L.M. Fletcher

From the Santa Fe New Mexican via Pechanga:

WINDOW ROCK, Ariz. (AP) — Navajo Nation President Joe Shirley Jr. has vetoed legislation that he contends limits the Navajo way of life.

Lawmakers voted last month to amend a set of laws based on the tribe’s centuries-old traditional values and customs. Under the measure, any dispute regarding the validity, application or interpretation of Dine (Din-EH’) Fundamental Law would not be heard in Navajo courts but be resolved consensually through peacemaking.

Shirley struck down the measure last week, saying the laws protect and preserve the Navajo way of life and what makes the tribal government unique. He also says the council’s vote was politically motivated.

Lawmakers can override the veto with 59 votes, representing two-thirds of the 88-member Tribal Council.

Job Announcement: NICS Prosecutor

February 16, 2010Matthew L.M. Fletcher

NICS Prosecutor

WSJ Article on Asian Carp Issue

February 16, 2010Matthew L.M. Fletcher

From the WSJ via How Appealing:

More than a century ago, this city reversed the flow of its eponymous river, connecting the Great Lakes with the Gulf of Mexico and defining itself as the can-do capital of the American heartland.

Today, that engineering feat is coming under growing scrutiny, as scientists and politicians intensify their battle against a voracious flying fish that has been traveling up the Mississippi for 20 years. Amid signs that Asian carp have breached the last defensive barrier, calls are mounting for a massive do-over.

“We know these barriers aren’t working,” said Joel Brammeier, president of the Alliance for the Great Lakes and the lead author of a 2008 report that laid out how this project might look. “An ecological separation is the only permanent solution.”

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