tribal courts

Nooksack Appellate Court Orders Nooksack Tribal Court to Comply with Order to Accept Galanda Filings

Matthew L.M. Fletcher1 Comment

I should be specific — here is what the order says:

We decline to rule on the show cause motion at this time. However, we cannot ignore the allegation there has been noncompliance with our April 25th Order. Therefore, we hereby order the Petitioners and the Court Clerk to each respond in writing on or before June 3, 2016, on whether Petitioners complaints and related motions have been accepted for filing. The parties shall submit their written responses by mail to the Northwest Indian Court System ….

Here is the order:

In re Gabriel Galanda v Nooksack Tribal Court Order Re Written Responses to April 25 2016 Order on Petition for Writ of Mandamus

Briefs in that petition are here.

The April 25 order is here.

The lower court returned a Galanda filing on May 23 (note “rejected” stamp in upper court):

Galanda v Bernard Rejected Motion for Injunction

And again on May 25:

Galanda v. Bernard Rejected First Amended Complaint

Pascua Yaqui Tribe’s Testimony Submitted to Senate Indian Affairs Committee

Sarah M Donnelly2 Comments

Download transcript of PYT’s oral testimony here.

Link to written testimony and meeting video here.

Links to legislation: S.2785, S.2916, S.2920.

Nebraska State Bar Indian Law Section CLE

Sarah M Donnelly

Nebraska Bar ILS CLE

The Nebraska State Bar Indian Law Section will be hosting an Indian Law CLE that will focus on Indian Law 101 information for jurisdiction, ICWA, and tribal court practice.

The CLE will be webcast, so other attorneys from other states can register and gain CLE credit.

Northern Arapaho Tribes Sues Interior to Compel 638 Tribal Court Contract

Matthew L.M. Fletcher

Here is the complaint in Northern Arapaho Tribe v. United States Department of the Interior (D. Mont.):

Complaint

An excerpt:

This is an action for declaratory and injunctive relief and money damages brought against the United States Department of the Interior (“Department”); its Secretary; and Regional Director for the Bureau of Indian Affairs (“BIA”) for violations of the Indian Self-Determination and Education Assistance Act (“ISDEAA”) and regulations promulgated thereunder. The Northern Arapaho Tribe (“NAT” or “Tribe”) submitted to the BIA a contract proposal for judicial services and requested technical assistance, consultation and a waiver of any regulations that the BIA thought could prevent or impede approval. The BIA failed or refused to provide technical assistance, consultation, or the requested waiver and declined the proposal. These failures and the declination violate the ISDEAA and applicable regulations. The Tribe is entitled to declaratory and injunctive relief and damages, plus interest, pursuant to the ISDEAA.

Nooksack Disenrollment/Disbarment Update

Matthew L.M. Fletcher1 Comment

Here are new pleadings filed in Galanda v. Bernard (Nooksack Ct. App.):

Galanda v. Bernard Pro Se Petitioners’ Appellate Motion for Show Cause Re Contempt

Galanda v. Bernard Declaration of Ryan Dreveskracht In Support of Pro Se Petitioners’ Appellate Motion for Show Cause Re Contempt

Nooksack Tribal Court Letter to Galanda Broadman Lawyers Refusing Pro Se Appearance

Here is a new filing in Belmont v. Kelly (Nooksack Ct. App.):

Belmont (Roberts) v. Kelly Second Declaration of Michelle Roberts In Support of Appellate Writ of Mandamus

Federal Court Rules in Favor of Cheyenne & Araphoe Tribes in Bank Account/Leadership Dispute

Matthew L.M. Fletcher

Here are the materials in Cheyenne & Araphoe Tribes v. Harjo (W.D. Okla.):

26 Harjo Rule 19 Motion

26-8 IBIA Decision

27 Tribes Response to 26

29 Reply in Support of 26

35 Tribes Motion for Partial Summary J

36 Harjo Response to 35

36-4 C&A SCT Order re IBIA Decision

39 Reply in Support of 35

41 DCT Order Denying Rule 19 Motion

42 DCT Order Granting 35

Venue Change for Jurisdiction Suit Against Blue Lake Rancheria Tribal Court

Sarah M Donnelly

Here are the materials in Acres v. Blue Lake Rancheria Tribal Court, 16-cv-02622 (N.D. Cali.):

Doc. 9 Notice of Motion and Motion to Dismiss

Doc. 11 Plaintiff’s Memo and Points of Authorities Opposing Defendants’ MTD

Doc. 21 Order Transferring Case to the United States District Court for the Northern District of California

Complaint previously posted here.

Call for Presentations: 15th National Indian Nations Conference

Sarah M Donnelly1 Comment

The Office for Victims of Crime and the Tribal Law and Policy Institute are extending this invitation to participate as a presenter at the 15th National Indian Nations Conference. Workshop presentations should demonstrate methods and strategies to improve safety, as well as promote justice and healing for crime victims through cooperation, and collaboration between Tribal, Federal, State, local and private entities in American Indian and Alaska Native communities. Target Audience: The target audience is all persons interested in assisting victims of crime in Indian country including:

Indian Country Service Providers (Tribal, State, and Federal):

  • Child Advocates
  • Child Protection Case Workers
  • Social Services
  • Elder Services
  • Victim Advocates
  • Medical Personnel
  • Law Enforcement
  • Judges & Prosecutors
  • Probation/Corrections
  • Substance Abuse Counselors
  • Traditional Healers

Tribal Community Members:

  • Tribal Leaders
  • Victims/Survivors of Crime
  • Tribal Elders & Youth
  • Tribal College Faculty & Students

We welcome presentation ideas for all levels of experience/knowledge. Presenters must demonstrate expertise in working with Native American communities. Selection Criteria for Workshops will include:

  • Relevance to the target audience
  • Fits into conference theme/goals
  • Presenters demonstrate expertise in working with Native American communities.
  • Encourages interdisciplinary coordination and cooperation
  • Highlights promising practices
  • Introduces innovative strategies
  • Honors and supports victims of crime
  • Workshop demonstrates clear connection to crime victimization

Workshops must conform to the Conference Theme “Harnessing Our Collective Wisdom: Strengthening the Circle of Safety, Justice and Healing” and one or more of the Conference Goals (below):

  • Honoring & Listening to Victim/Survivor Voices: Creating victimcentered/
    sensitive responses; being inclusive of victim/survivors particularly those from un‐served or underserved populations, including LGBTQ victims; and promoting peer to peer learning opportunities.
  • Promoting Safety, Justice and Healing: Justice for victims/justice for all; understanding jurisdictional issues; exercising tribal sovereignty to promote safety & justice; highlighting the resiliency of spirituality & healing in tribal communities.
  • Honoring the Wisdom of the Past: Understanding historical trauma; enlisting tribal elders as keepers of our tribal histories; and embracing traditional teachings.
  • Promoting Traditional Values: Promoting traditional values and incorporating traditional skills in crime victim services; upholding wellness, mentally, physically, spiritually and emotionally; and framing victim services around tribal traditions.
  • Ensuring Safety, Justice & Healing for Seven Generations of Children: Addressing child sexual abuse & education on developing programs for victims; emphasis on victims within the juvenile justice system; support for keeping youth within.
  • Working in Harmony: Building partnerships with federal agencies; supporting partnerships between tribes; education on the importance of networking and working together in collaboration to strengthen services; supporting multidisciplinary
    teams; and networking with Native men to address domestic violence & sexual assault.
  • Supporting and Educating Tribal Leaders: Educating and supporting efforts of tribal leaders to achieve accountability and responsibility to victims of crime.
  • Sustaining our Legacy: Developing skills and incorporating cultural approaches to enhance sustainability and measurability; increasing the accuracy of victimization research; and developing capacity within victim services.
  • Healing the Healers: Ensuring safety and support for service providers.

Formal Justice Department Conference Approval Pending.

Questions: Tribal Law and Policy Institute, P: 3236505467 ~ F: 3236508149
Email: Conference@TLPI.org, Website: http://www.OVCINC.org

Mailing address:
Tribal Law and Policy Institute
8235 Santa Monica Blvd., Suite 211
West Hollywood, CA 90046

Pueblo of Santa Clara Sues over State Court Jurisdiction in Tribal Casino Tort Claims

Matthew L.M. Fletcher

Here is the complaint in Pueblo of Santa Clara v. Singleton (D. N.M.):

1 Complaint

 

NAICJA Expresses Concern over Alleged Nooksack Attacks on Judicial Independence

Matthew L.M. Fletcher

Here:

NAICJA Press Release – Judicial Independence

An excerpt:

The Board of Directors of the National American Indian Court Judges Association (NAICJA)—the only membership association of tribal court judges and tribal court personnel in the nation—is concerned by the recent reports that the Nooksack Tribe terminated a tribal court judge because of a decision she rendered in an on-going disenrollment dispute. Although the NAICJA Board takes no position on the underlying controversy, the media coverage suggests that the judge was terminated for ruling against the tribal council. If that proves correct, the action represents a clear threat to judicial independence.

Former Nooksack Judge Susan Alexander released this letter/memorandum to the media a few weeks back:

AlexanderMemo