Here is “Emotions run high as woman faces eviction from Nooksack tribal land.”
tribal courts
Nottawaseppi Huron Potawatomi Supreme Court Posting
TRIBAL COUNCIL SEEKS LETTERS OF INTEREST FROM PERSONS TO SERVE AS CHIEF JUSTICE ON THE NHBP TRIBAL SUPREME COURT. The Tribal Council is soliciting letters of interest from qualified individuals interested in being appointed to serve on the NHBP Supreme Court. The individual appointed to this position would be appointed to a six (6) year term of office expiring on December 31, 2022. Letters of interest must be submitted no later than November 25, 2016 to be considered. Interested applicants should send a letter of interest and statement of qualifications (or resume) to: Jamie P. Stuck, Tribal Council Chairperson, 1485 Mno-Bmadzewen Way, Fulton, Michigan 49052.
NHBP Judicial Branch: The NHBP Judiciary is a Constitutional Branch of Government established under Article XI of the Band’s Constitution. The NHBP Court is a court of general jurisdiction and the Supreme Court hears appeals from the Judiciary’s Trial Court. In addition to hearing appeals, members of the Supreme Court also work with the trial court’s Chief Judge and other court staff in the development of Court Rules and Administrative Orders.
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 and may be asked to appear before the Tribal Council to answer questions about his/her qualifications for the position. The qualifications of prospective appointees are determined by the Tribal Council in accordance with the qualifications for office contained in Article XI of the NHBP Constitution which include the following:
- Has attained the age of thirty (30) years;
- Is a licensed attorney in good standing;
- Not be an employee of NHBP or presently serving, or a candidate for, a seat on the elected Tribal Council and
- Has never been convicted of a violent crime, felony or a crime of fraud.
Members of the bench are compensated for services at a competitive hourly rate. In accordance with the NHBP Constitution, “the amount of [compensation] shall not be reduced during such person’s term of office”. Justices are also reimbursed for reasonable expenses including travel to and from Michigan.
Nooksack Tribe Moves to Vacate State Court Order Enforcing Contempt Order against Tribal Police Chief
Here are the new materials in In re Galanda v. Nooksack Tribal Court (Wash. Super. Ct. — Whatcom County):
declaration-of-charity-bernard-as-records-custodian-of-tribal-council
nooksack-indian-tribes-motion-to-vacate-order-domesticating-foreign-judgment
New Law Review Note on Obergefell and Tribal Law
Steven Alagna has published this interesting and important piece in Washington University Law Review.
Amended Press Release: Navajo Nation Announces Chief Prosecutor
Turtle Talk Poll Results — Nooksack Disenrollments
Few Turtle Talk readers support disenrolling the so-called Nooksack 306. The vast majority of TT readers think Nooksack should hold elections before disenrollments. There is a wide variety of opinions on which forum should resolve the disputes.
Question: Should the Nooksack 306 Be Disenrolled?
| COUNT | PERCENT | |||
|---|---|---|---|---|
|
Yes |
12 | 4.44% | ||
|
No |
202 | 74.81% | ||
|
Don’t Know |
56 | 20.74% | ||
Question: Should the Nooksack Tribe Hold Elections Before Proceeding with Disenrollments?
| COUNT | PERCENT | |||
|---|---|---|---|---|
|
Yes |
212 | 85.48% | ||
|
No |
25 | 10.08% | ||
|
Don’t Know |
11 | 4.44% | ||
Question: Which forum is the best place to resolve litigation arising from this dispute?
| COUNT | PERCENT | |||
|---|---|---|---|---|
|
Nooksack tribal council (incl. Nooksack Supreme Court) |
14 | 5.45% | ||
|
Nooksack tribal judiciary |
89 | 34.63% | ||
|
Bureau of Indian Affairs |
51 | 19.84% | ||
|
Federal or state courts |
80 | 31.13% | ||
|
International forums |
7 | 2.72% | ||
|
Other |
16 | 6.23% | ||
Nooksack Update
Kelly v. Kelly (Nooksack Tr. Ct.):
Kelly v. Kelly Rejected Second Amended Complaint
Belmont v. Kelly (Nooksack Ct. App.):
Rejected Declarations Re Nooksack Member Voting Rights
Nooksack Indian Tribe v. NICS (Nooksack Tr. Ct.):
Response to Order to Show Cause
Declaration of of Daniel Kamkoff in Response to Order to Show Cause
Administrative Disenrollment Matter (Nooksack Tr. Council):
Omnibus Written Response of Nooksack Tribal Members Proposed for Disenrollment
Washington Court Registers Judgment against Nooksack Police Chief under State Uniform Enforcement of Foreign Judgments Act
Here are the materials in In re Gabriel Galanda v. Nooksack Tribal Court (Wash. Super. Ct. — Whatcom County):
The Atlantic: Why Several Native Americans Are Suing the Mormon Church
Links: Sunday’s article by Lilly Fowler, earlier post with briefs
Excerpt:
The location where the cases are litigated will prove crucial. These lawsuits have been filed in Navajo Nation District Court in Window Rock, Arizona. But the LDS Church is fighting to have the lawsuits dismissed on jurisdictional grounds, arguing the alleged abuse took place outside the reservation. The Navajo Nation allows alleged sexual-abuse victims to bring claims up to two years from the time when the harm of their abuse is discovered, accounting for the time it can take for people to realize the nature of their injuries. Other jurisdictions have stricter statutes of limitations to ensure claims are brought in a timely manner. In Utah’s civil courts, the statute of limitations for child sex abuse was recently eliminated, but only when the case is brought against the alleged perpetrator personally. The recent change in Utah law would not benefit those in the Indian Student Placement Program because the LDS Church is named as a defendant, and many, if not all, of the perpetrators are deceased. If the lawsuits were refiled in Utah, or one of many other states with a shorter statute of limitations, they would likely be dismissed.
David Clohessy, the national director of the Survivor’s Network of Those Abused by Priests, an organization dedicated to helping victims of sexual abuse, said it often takes years for those affected by abuse to talk about it. “The more isolated and powerlessness victims … feel, the longer it takes for them to come forward,” Clohessy said. And “even if they had the smarts to understand they were being hurt, the courage to report it, given how many whites felt about Native Americans, many would find these boys and girls not particularly credible … This particular program is a predator’s dream.”
Further documents and briefs in the matter of the Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, et al v. RJ et al, 16-cv-00453 (D. Utah):
Doc. 17 Second Amended Complaint for Declaratory Judgment
Doc. 19 Amended Motion for Preliminary Injunction
Doc. 25 Reply to Plaintiffs’ Response to Defendants’ Objection and Motion to Dismiss
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