tribal courts

Federal Court Orders Tribal Exhaustion in Repo Matter

November 16, 2016November 16, 2016Matthew L.M. Fletcher

Here are the materials in Tiessen v. Chrysler Capital (D. Minn.):

15 Repossessor Motion to Dismiss

Fletcher Preview of Lewis v. Clarke

November 14, 2016November 14, 2016Matthew L.M. Fletcher

Here is “Supreme Court case could expose Indian tribes to new legal risks” at The Conversation.

Excerpt:

One would be tempted to think this is a case about fairness, about guaranteeing a forum for non-Indians to sue tribal employees who might be cloaked in a tribe’s immunity from the suit. In my opinion, fairness to the Lewis couple, however, comes at the expense of fairness to the tribe.

Recall that the tribe does provide a forum to resolve personal injury claims against it in tribal court, but with a one year limitations period. Under that law, the Mohegan tribal court has confirmed awards against tribal police officers; indeed, the tribe likely has settled thousands of claims over the years.

I have long argued that Indian tribes should provide an adequate forum to address the negligent actions of their employees. The Mohegan tribe has done so here by establishing a tribal court and a legal process for resolving personal injury claims. In fact, Mohegan was one of the earliest tribes to start doing so, way back in the 1990s. But personal injury lawyers have complained about Mohegan law because it bars punitive damages and other doctrines that can balloon judgment awards.

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Background materials on the case are here.

Drama at Nooksack

November 11, 2016Matthew L.M. Fletcher

Here is “Emotions run high as woman faces eviction from Nooksack tribal land.”

Nottawaseppi Huron Potawatomi Supreme Court Posting

November 8, 2016Matthew L.M. Fletcher

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

November 7, 2016Matthew L.M. Fletcher

Here are the new materials in In re Galanda v. Nooksack Tribal Court (Wash. Super. Ct. — Whatcom County):

foreign-judgment-registration

declaration-of-charity-bernard-as-records-custodian-of-tribal-council

nooksack-indian-tribes-motion-to-vacate-order-domesticating-foreign-judgment

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%