Tenth Circuit Orders Tribal Exhaustion in Sac and Fox Suit against Financial Planners

Here are the materials in United Planners Financial Services of America LP v. Sac and Fox Nation:

CA10 Opinion

United Planners Opening Brief

Sac and Fox Brief

Tribal Court Brief

Reply

Lower court materials here.

 

Nooksack Indian Tribe Request for Qualifications — Pro Tem Judge Services

This Request for Qualifications is directed at qualified individuals and/or firms interested in serving as a Pro Tem Judge for the Nooksack Indian Tribe. The Nooksack Tribal Court exercises jurisdiction over a broad range of civil and criminal matters. A Pro Tem Judge will be appointed to hear cases, as assigned by the Chief Judge, in instances where the Nooksack Tribal Court Chief Judge is ill, disqualified, or otherwise unavailable. This is a part time, as-needed appointment, and compensation will be negotiated. Specifically, contractors providing Pro Tem Judicial services will be placed into a pool and drawn from on an as-needed basis when judicial conflicts arise.

DUTIES AND RESPONSIBILITIES:

Preside over cases as assigned by the Chief Judge.

Prepare and issue written orders, judgments, search and arrest warrants.

Keep accurate records of cases and court hearings.

MINIMUM QUALIFICATIONS:

Possess JD from an ABA-accredited law school and admitted to practice before the Supreme Court of the United States, or any United States Circuit Court of Appeals, or the Supreme Court of any state of the United States.

Extensive experience in: (1) criminal case adjudications; (2) juvenile dependency and delinquency; (3) family law and child support; and (4) general civil case adjudications, including complex litigation.

Demonstrated knowledge in the following areas: (1) Federal Indian law and policy; (2) Tribal law; and (3) Tribal customs and traditions.

Is at least 30 years of age.

Has never been convicted or pleaded guilty to any felony, nor been found guilty of any crime involving fraud or dishonesty.

Maintain a current business license and admitted to practice before the Nooksack Tribal Court.

Successfully pass a background investigation and drug test.

Interested individuals (or firms) should submit a letter of interest including availability, along with a current resume and the names of at least three professional references to:

Suzanne Brownrigg, Human Resources Director Nooksack Indian Tribe P.O. Box 157 Deming, WA 98244 (360) 592-5176 sbrownrigg@nooksack-nsn.gov

 

NOOKSACK INDIAN TRIBE REQUEST FOR QUALIFICATIONS PRO TEM JUDGE SERVICES (6/2016)

 

Update in Galanda v. Nooksack Tribal Court

Here:

In re Gabriel Galanda v Nooksack Tribal Court Third Declaration of Gabriel S Galanda in Support of Appellate Writ Petitions

In re Gabriel Galanda v Nooksack Tribal Court Response re Order to Show Cause and Request for Writ of Prohibition

In re Gabriel Galanda v Nooksack Tribal Court Response of the Nooksack Indian Tribe and the Nooksacck Tribal Court Clerk to the Order of the Court of Appeals

LDS Family Services’ Federal Motion for TRO Against Navajo Tribal Court [updated]

Here are the materials in 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. 2 Complaint for Declaratory Judgment

Doc. 3 Motion for Temporary Restraining Order/Preliminary Injunction

Exhibit A – Tribal Court Amended Complaint

 

Update:

17 Amended Complaint

19 Motion for Preliminary Injunction

20 RJ Response

24 Response

25 Reply

31 Navajo Nation Motion to Intervene

32 Navajo Nation Motion to Dismiss

38 DCT Order Allowing Navajo Nation Intervention

40 DCT Order

Nooksack Appellate Court Orders Court Clerk to Accept Galanda Filings

Here is the May 27th order:

In re Gabriel Galanda v Nooksack Tribal Court Order Re Second Petition for Appellate Writ of Mandamus

May 25th order previously posted here.

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

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

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

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

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

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