tribal courts – Page 72

The National American Indian Court Judges Association (NAICJA) invites presentation proposals for the 47th Annual National Tribal Judicial and Court Personnel Conference which will be held October 18-21, 2016, at the magnificent Morongo Casino, Resort & Spa in Palm Springs, CA. NAICJA’s Annual Conference offers innovative and timely tribal justice information through high quality presentations by national experts. The theme of this year’s conference is, “Tribal Justice Matters: Role of Tribal Courts in Upholding Indigenous Rights.” NAICJA is featuring topics that highlight ways in which American Indian, Alaska Native, Native Hawaiian and First Nations justice systems are exercising and upholding tribal inherent rights. We are especially interested in presentations that focus on social justice and human rights, tribal sovereignty, international frameworks for understanding indigenous issues, promising Indian child welfare practices, court security and topics of interest to court clerks and court personnel.

This is your opportunity to share your expertise and display your creativity by developing an original program for presentation. Proposals specifically tailored to meet the needs of the 300-person NAICJA audience are strongly preferred. Proposals are due on or before Friday, April 15, 2016 at 5:00 p.m. (MTN).

Additional Update on Nooksack Disenrollments; Did Tribe Bar Plaintiff’s Counsel from Proceeding with Disenrollment Defense?

March 8, 2016Matthew L.M. Fletcher2 Comments

Here are the new materials in Belmont v. Kelly (Nooksack Tribal Court):

Belmont v. Kelly Case Management Order Re Motion for Judicial Notice

Belmont v. Kelly Declaration of Gabriel S Galanda

Belmont v. Kelly Fourth Declaration of Michelle Roberts

Belmont v. Kelly Motion for Judicial Notice

The first document above references Nooksack council resolutions 16-27 and 16-28. 16-27, enacted on February 24, provides:

Whenever the Tribal Council becomes aware that any advocate’s behavior and/or practices reflect so poorly upon the proper administration of justice before the Nooksack Tribal Court of the Nooksack Indian Tribe, the Tribal Council may revoke any privileges provided to such person(s) and bar them from further practice in any administrative tribunal before the Nooksack Indian Tribe or proceeding before the Nooksack Tribal Court. Tribal Council may hold such hearings as necessary to ensure that such behavior and/or practices are proven; or, as may be necessary to correct such past behavior and/or practices.

In the judicial order above, the court described 16-28:

On the same date, February 24, 2016, the Nooksack Tribal Council enacted Resolution #16-28, barring Gabriel Galanda and other attorneys in the Galanda Broadman law firm from practicing in the Nooksack Tribal Court and from engaging in business on Nooksack Tribal lands.

The court ordered the tribal defendants to produce an affidavit describing the process offered the Galanda firm before issuing 16-28, on the theory that the Indian Civil Rights Act requires at least some process.

We will continue to observe the troubling doings at Nooksack.