tribal courts

Blast from the Past: 2009 MSU ILPC Report on the History of Michigan Tribal-State Relations

Matthew L.M. Fletcher

Five years ago, we at MSU conducted a study of what became an oral history of modern Michigan tribal-state relations under a contract with the National Congress of American Indians. Our former students did all the work — Alicia Ivory, Adrea Korthase, and Sheena Oxendine. For whatever reason, we never published the paper on our occasional paper website. The students interviewed many of the major players in tribal-state relations from the 2000s and before, including John Wernet, Jim Bransky, and Kathryn Tierney on the 2007 inland consent decree; Mike Petoskey and Kathryn Tierney on Michigan Court Rule 2.615; and Bill Brooks and John Wernet on the Michigan tribal-state tax agreements.

Here it is in its full glory, “Tribal-State Relations: Michigan as a Case Study”:

Michigan Tribal-State Intergovernmental Relations

Second Federal Court Suit to Stop Fort Berthold Tribal Court Suit against Oil Company

Matthew L.M. Fletcher

Here are the materials in EOG Resources Inc. v. Johnson (D. N.D.):

1 Complaint

1-1 Tribal Court Summons

Federal Court Suit to Stop Fort Berthold Tribal Court Suit against Oil Company

Matthew L.M. Fletcher

Here are the materials so far in Kodiak Oil & Gas (USA) Inc. v. Burr (D. N.D.):

1 Complaint

1-1 Amended Tribal Court Complaint

1-2 Tribal Resolution

Alaska SCT Briefs in Asa’carsarmiut Tribal Council v. Wheeler

Matthew L.M. Fletcher

Here:

Asa’carsarmiut Tribal Council Opening Brief

Wheeler Response Brief

Asa’carsarmiut Tribal Council Reply

Here are the questions presented (from the opening brief):

1. Whether, in light of this Court’s prior precedents, particularly State v. Native Village of Tanana, 249 P.3d 734 (Alaska 2011), a Superior Court may try a custody action in a matter involving an Alaska Native child without adhering to the requirements of Alaska’s Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), AS 25.30.300, et seq., when a tribal court has previously entered an initial determination regarding the child.
2. Whether the Superior Court erred in interpreting Alaska’s UCCJEA, AS 25.30.300, et. seq., as excluding tribal courts within the meaning of “court” in AS 25.30.909(6) and erred in failing to register the Asa’carsarmiut Tribal Court custody order, in light of the Court’s prior precedents, particularly State v. Native Village of Tanana, 249 P.3d 734 (Alaska 2011).
3. Whether the Superior Court erred in concluding that it had “at least concurrent jurisdiction over the issue of Jacob’s custody,” and proceeded to enter an initial child custody determination without giving comity to or contacting the Asa‘carsarmiut Tribal Court and requesting that the Asa‘carsarmiut Tribal Court determine that it no longer had exclusive, continuing jurisdiction or, alternatively, establishing that the Superior Court “would be a more convenient forum.”
4. Whether, if it is found that the Superior Court properly had jurisdiction to modify the Asa’carsarmiut Tribal Court order pursuant to AS 25.30.320, the Superior Court erred by failing to enter an Order Modifying Custody that stated its authority to modify the Asa‘carsarmiut Tribal Court order as well as its findings regarding a *3 substantial change of circumstances, pursuant to AS 25.20.110 rather than a Final Custody Decree and Findings of Fact and Conclusions of Law.
5. Whether, in light of the Court’s prior precedent, particularly John v. Baker, 982 P.2d 738 (Alaska 1999), a Superior Court may try a custody action in a matter involving an Alaska Native child without engaging in a comity analysis when a tribal court had previously entered a custody order regarding the child.

 

Federal Court Dismisses IFP Complaint against Salt River Police

Matthew L.M. Fletcher

Here are the materials in Phillips v. Salt River Police Dept. (D. Ariz.):

13 2d Amended Complaint

21 DCT Order Dismissing 2d Amended Complaint

Correspondence between DOJ and Alaska AG re: Tribal Court Protection Orders

Matthew L.M. Fletcher1 Comment

In his letter to Alaska Attorney General Mike Geraghty, AAG Tony West notes that the State of Alaska is legally obligated under federal law to honor tribal-court protection orders, regardless of whether those orders were previously registered or filed in State court. He further offers assistance to bring the State into compliance with Federal law.

Here is that correspondence:

6-26-14 Letter from Alaska Attorney General to Associate Attorney General Tony West

Letter from AAG West to AG Geraghty (July 28 2014)

LTBB Chief Judge Allie Maldonado Selected for Women in the Law Honor

Matthew L.M. Fletcher

Here is Michigan Lawyer’s Weekly’s “MiLW’s 2014 Women in the Law honorees announced.”

Voluntary Dismissal Order in Begay v. Begay

Matthew L.M. Fletcher

Here:

AZ Dist Ct Notice of Voluntary Dismissal

Prior posts here, here, and here.

NAICJA Seeks 2014 Award Nominations — Deadline AUGUST 29, 2014

Matthew L.M. Fletcher

The National American Indian Court Judges Association (NAICJA) Board of Directors is soliciting nominations for four (4) NAICJA awards:  the Lifetime Achievement Award, the Judicial Excellence Award, the Court Support Excellence Award and the Outstanding Service Award. The award criteria are detailed in the attached 2014 NAICJA Awards Solicitation document.  Please use the 2014 NAICJA Award Nomination form to make nominate an individual. Nominations close: August 29, 2014.  The awards will be announced and presented at the 45th National Tribal Judicial and Court Clerks Conference on October 7-10, 2014 at the Cherokee Nation’s Hard Rock Tulsa in Catoosa, OK.  For more conference information see: http://www.naicja.org/events/2014conference

Last year’s inaugural award winners were: Chief Justice Michael Petoskey (Pokagon Band of Potawatomi Tribal Court) (Lifetime Achievement Award), Chief Judge Richard Blake (Hoopa Tribal Court) (Judicial Excellence Award) and Dean Stacy Leeds (University of Arkansas School of Law, former Chief Justice, Cherokee Nation Supreme Court) (NAICJA Service Award.) The Court  Support Excellence Award is new for 2014.

2014 NAICJA Award Solicitation

NAICJA 2014 Award Nomin form_fillable pdf

Omaha Tribe Chief Judge Posting

Matthew L.M. Fletcher2 Comments

POSITION ANNOUNCEMENT

POSITION                           :                   Chief Tribal Judge

SALARY                               :                   Negotiable

OPENING DATE                 :                   April 21, 2014

CLOSING DATE                  :                   May 2, 2014

LOCATION                          :                   Omaha Tribal Court

Omaha Tribe of Nebraska

Macy, NE  68039

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