tribal election

News Profile of Nooksack Firing of Tribal Judge

Matthew L.M. Fletcher

Here is “Nooksacks Sack Judge After She Ruled against Tribal Council.“

New Materials in Nooksack Disenrollment/Election/Disbarment Disputes

Matthew L.M. Fletcher

Here are filings in a new case captioned Tageant v. Kelly (Nooksack Tribal Court):

Tageant v Kelly Pro Se Complaint

Tageant v Kelly Pro Se Declaration of Carmen Tageant in Support of Motion for Preliminary Injuction

Tageant v Kelly Pro Se Motion for Preliminary Injunction and Declaratory Judgment

Here are new materials in Belmont v. Kelly (Nooksack Ct. App.):

Belmont v Kelly Amended Notice of Appeal

Belmont v Kelly Defendant-Appellants’ Motion for Stay

Belmont v Kelly Order Dismissing Defendant-Appellants’ Appeal

Nooksack Appellate Filings Seeking Mandamus Writ Ordering Tribe to Appoint Judge to Hear Disenrollment & Election Matters

Matthew L.M. Fletcher

Here are the new filings in Belmont v. Kelly (Nooksack Ct. App.):

Belmont v Kelly Michelle Roberts Pro Se Petition for Writ of Mandamus

Belmont v Kelly Pro Se Declaration of Michelle Roberts in Support of Motion for Writ of Mandamus

Prior filings here.

Nooksack Appellate Court Rejects Tribe’s Effort to Bar Proposed Disenrollees’ Voting Rights

Matthew L.M. Fletcher

Here is the order in Belmont v. Kelly:

Belmont v. Kelly COA Order Denying Permission for Interlocutory Appeal

Relevant materials previously posted:

Belmont v. Kelly Defendant-Appellants’ Notice for Permission to FIle an Interlocutory Appeal

Belmont v Kelly Order Denying Defendants’ Motion for Preliminary Injuction

Update in Nooksack Disenrollment; Tribe’s Reconsideration Motion Denied

Matthew L.M. Fletcher

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

Belmont v. Kelly Defendants’ Motion for Reconsideration of Order Denying Preliminary Injunction Motion

Belmont v. Kelly Defendants’ Reply on Reconsideration

Belmont v. Kelly Order Denying Defendants’ Motion for Reconsideration

Belmont v. Kelly Plaintiffs’ Response to Motion for Reconsideration

Prior proceedings in this matter here.

Nooksack Tribe Countersues Proposed Disenrollees on Voting Rights

Matthew L.M. Fletcher

Here is the pleading from Belmont v. Roberts (Nooksack Tribal Court):

Def Answer and Countrclm to Pl Complaint

Cheyenne River Sioux Tribal Court of Appeals Decision in Tribal Redistricting Dispute

Matthew L.M. Fletcher

Here is the opinion in Woods v. Cheyenne River Sioux Tribal Council:

woods

An excerpt:

Despite the long and convoluted history of this case, much has been accomplished and both parties are to be commended for the positive results to date. As noted by Attorney Gunn in his letter of September 21, 2015, which is now part of the record in this case:

… the Tribal Council does not seek to undermine the rights and values enshrined in the Tribal Constitution or the Indian Civil Rights Act. To the contrary, the Tribal Council has honored and protected those rights by enacting redistricting legislation that ensures, and will continue to ensure, proportionate representation in the Tribal Council for all Tribal citizens.

There may still be differences of opinion in the details, but not on the overarching Tribal constitutional principle that mandates Tribal Council reapportionment. This, indeed, is worthy and noteworthy advance.

To be clear, while this case is over, the process of reapportionment and redistricting is not. Both sides realize that there is more to come, especially in regards to the Tribal Council’s commitment to taking a new tribal census in 2017 to guide redistricting for 2018 elections. See, e.g., Tribal Council Resolution 10-2015-CR. The implementation of this Tribal Council resolution may or may not lead to new litigation. If there is such litigation, the issue of Tribal Council sovereign immunity may be raised as a defense at that time. If it is, both the trial court and this Court shall rule upon it.

Former Navajo Election Supervisors Sue Navajo Nation Supreme Court

Matthew L.M. Fletcher1 Comment

Here is the complaint in Begay v. Navajo Nation Supreme Court:

FINAL Complaint 9.8.15

Press Release

Ninth Circuit Briefs in Timbisha Shoshone Tribe v. Dept. of Interior

Matthew L.M. Fletcher1 Comment

Here:

Opening Brief

Interior Answer Brief

Tribal Council Answering Brief

Agency decision here. Materials here.

Update in Cayuga Nation v. Tanner

Matthew L.M. Fletcher1 Comment

Here are more materials in the case captioned Cayuga Nation v. Tanner (N.D. N.Y.):

38 DCT Order Denying Unity Council Motion to Intervene

41 Plaintiffs Reply in Support of PI

42 Plaintiffs Response to Tanner Motion to Dismiss

50 DCT Order Dismissing Claims

52-1 Motion for Reconsideration

60 Tanner Opposition

61 Plaintiffs Reply

Apparently, the Halftown faction (the plaintiffs here) is continuing the fight for gaming, while the Unity Council group has been dismissed from the case. We posted materials on this case here.