Here are the materials so far in Lundy v. Balaam (D. Nev.):
tribal courts
Federal Court Enjoins Pinoleville Pomo Nation Tribal Court Designed to Challenge Federal Court RICO Judgment
Here is the order in JW Gaming Development LLC v. James (N.D. Cal.):
An excerpt:
Shortly after judgment was entered in this case, PPN constituted its Tribal Court for the first time; there is no evidence that it ever existed in any meaningful way until then. Days after the newly appointed judge issued standing orders, PPN filed a civil complaint in that Tribal Court that seeks to (1) declare the judgment issued in this case invalid, (2) limit and control—indeed, vitiate—the scope of enforcement of that judgment, and (3) impose roughly eleven million dollars in liability on JW Gaming for alleged fraud stemming from the same loan agreement here. The lawsuit names not only JW Gaming but its attorneys in this matter and the bank at which PPN maintains accounts that was recently subpoenaed in the course of enforcement of the judgment. It is the first (and, as far as the record shows, only) case brought in the Tribal Court. Remarkably, up until the eve of the hearing on a temporary restraining order (“TRO”) against the proceeding, which I ultimately denied, JW Gaming could not find publicly available information about how appear in that proceeding (despite being served with a summons), who the judge was, or what the rules were.
JW Gaming moved for an order to show cause why an injunction should not issue, which I denied. It then moved for the TRO, which I converted into a motion for a preliminary injunction once PPN’s counsel committed to placing the Tribal Court proceeding on hold. That motion is now ripe for decision.
It is critical that federal courts respect tribal sovereignty and tribal court jurisdiction. Tribes are sovereign nations. Their ability to govern themselves and enjoy the full benefits of sovereignty is unquestioned. Tribal courts, as arms of the tribe, are entitled to substantial comity and deference under established federal law. I previously denied JW Gaming’s motion for an order to show cause why an injunction should not issue out of these concerns. I remain vigilant about the compelling interest that PPN has in maintaining its sovereignty.
Those concerns, however, do not prevent an injunction against a Tribal Court proceeding that seeks to invalidate or interfere with the judgment entered in this Court. There are compelling interests in ensuring that enforcement of valid federal-court judgments is not interfered with, that JW Gaming is not required to litigate a lawsuit precision-engineered to invalidate and interfere with this one, and that third parties are not exposed to court orders or liability for simply enforcing a judgment or attempting to comply with the procedures for enforcing it. To the extent the lawsuit seeks to invalidate the judgment or interfere with enforcement, it is unquestionably meritless: a tribal court lacks authority to invalidate a federal court’s judgments or to dictate the scope of executing that those judgments. JW Gaming has shown it is entitled to a preliminary injunction to the extent that the Tribal Court proceedings attempts to invalidate, interfere with, or thwart the judgment entered here. I possess jurisdiction to enter this injunction to protect and effectuate the judgment. The doctrine of tribal court exhaustion does not apply because PPN exercised its sovereign power to clearly, expressly, and unequivocally waive it.
Briefs and related materials here.
New Update in Adams v. Elfo [Nooksack Habeas Matter]
Here are new materials in Adams v. Elfo (W.D. Wash.):
62 DCT Order Remanding Motion to Magistrate
Prior post here.
New Scholarship Defending Non-Lawyer Judges and Advocates in Tribal Justice Systems
Judith M. Stinson, Tara Mospan, and Marnie Hodahkwen have posted “Trusting Tribal Courts: More Lawyers is Not Always the Answer” on SSRN. The paper is forthcoming in the Law Journal for Social Justice at ASU.
The abstract:
Many outsiders distrust tribal courts because they assume they will be treated unfairly. This distrust creates a number of problems, including decreasing the effectiveness of tribal judicial systems, inhibiting tribal economic development, and ultimately undermining tribal sovereignty. Critics of tribal courts assert three main justifications for their structural skepticism: first, that tribal courts are “different” from other court systems in the United States; second, that tribal laws and traditions seem foreign and may be difficult to access; and third, that because the qualifications for judges and practitioners in tribal courts sometimes differ from those in other courts, tribal judges and advocates are inferior. Drawing on other scholarship, this article briefly responds to the first two criticisms. This paper then argues that non-lawyer judges and lay advocates can be as effective as law-trained judges and advocates in other court systems. Although it is impossible to eliminate all outsider bias, refuting the claimed justifications should demonstrate that tribal courts are as fair and as competent as non-tribal courts. Therefore, greater confidence in tribal courts is warranted.
Former Wind River Chief Judge Disbarred by Wyoming SCT
Here is the order in Board of Professional Responsibility v. Smith:
Ute Tribe Sanctioned for Abuse of Judicial Process/Acting in Bad Faith
Here are the new materials in the long-running Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah):
205 Becker Notice of Intent to Subpoena
228 Response to Order to Show Cause
234 Becker Memorandum re Tribe’s Documents
235 Becker Response to Order re Sanctions against Tribe
261-1 Arbitration Statement of Claims
269 DCT Order Denying Motion for Reconsideration
270 Tribe Motion to Reconsider 260
Prior post here.
Cherokee Nation Reservation Boundaries Case out of the Oklahoma Court of Last Resort
We also find this District Court appropriately applied McGirt to determine that Congress did establish a Cherokee Reservation and no evidence was presented showing that Congress explicitly erased or disestablished the boundaries of the Cherokee Reservation or that the State of Oklahoma had jurisdiction in this matter.
Hogner v. State of Oklahoma
Briefs:
Chickasaw Nation Reservation Boundaries Case out of the Oklahoma Court of Last Resort
Based on the evidence, the District Court concluded that Congress never erased the boundaries and disestablished the Chickasaw Nation Reservation. The Court further concluded that the crimes at issue occurred in Indian Country. We adopt these conclusions.
Bosse v. State of Oklahoma
Briefs:
Lower court materials here.
Materials in Seminole Tribe Contract Breach suit against Energy Company
Here are the materials so far in Evans Energy Partners LLC v. Seminole Tribe of Florida Inc. (M.D. Fla.):
1-3 Tribal Court Final Judgment
Update (9/20/21):
Federal Court Dismisses ICRA Habeas Petition Challenging Enhanced Sentence under TLOA
Here are the materials in Picard v. Colville Tribal Correction Facility (E.D. Wash.):
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