tribal membership – Page 12

Elem Pomo Disenrollments: Amended Complaint, Motion to Dismiss, and Transcript

December 1, 2016Sarah M Donnelly

Here are further materials in John et al v. Garcia et al, 16-cv-02368 (N.D. Cali):

Transcript of Proceedings held on September 14, 2016, before Judge William Alsup

Amended Petition for Writ of Habeas Corpus

Respondents’ Notice of Hearing on Motion and Motion to Dismiss First Amended Petition; Memorandum of Points and Authorities in Support Thereof

Opposition to Amended Motion to Dismiss

Previous posts: Elem Indian Colony of Pomo Indians Members File ICRA Habeas Claim to Challenge Disenrollment

In the related RICO case, legal counsel for the disenfranchised members filed a motion for attorneys’ fees. Here are further materials in Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria v. Ceiba Legal, LLP et al, 16-cv-03081 (N.D. Cali. 11/3/2016)

Defendants’ Motion for Attorneys’ Fee Award and Supporting Memorandum

Previous posts: Elem Indian Colony v. Ceiba Legal Complaint, Federal Court Dismisses Suit against Ceiba Legal

Nooksack Update — Mass Disenrollments by the Holdover Council

November 28, 2016Matthew L.M. Fletcher

Here and here is news coverage.

Update on the Whatcom County Superior Court proceedings:

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Courier Delivery Form

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Ex Parte Motion to Stay Execution

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Second Motion to Vacate Order Domesticating Foreign Judgment

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Show Cause Order

IHS Instructs Nooksack to Serve All; Does Not Recognize Disenrollment Actions

November 22, 2016Matthew L.M. Fletcher

Here is the letter:

Letter IHS Regional Director Dean Seyler to Nooksack Chairman Robert Kelly Jr

BIA Refuses to Recognize Disenrollment Referendum Election by Holdover Council

November 16, 2016Matthew L.M. Fletcher

Here are the materials:

Gabriel Galanda Response to Katherine Canete Letter

Letter from Katherine Canete to Gabriel Galanda Re Resolution 16-149 and Order Vacating Court of Appeals Orders as Void

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Declaration of Bree R. Black Horse in Support of Opposition of Motion to Vacate

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Petitioners’ Response to Tribe’s Motion to Vacate Order Domesticating Foreign Judgment

Letter from Lawrence Roberts to Chairman Kelly

Turtle Talk Poll Results — Nooksack Disenrollments

November 1, 2016Matthew L.M. Fletcher

Few Turtle Talk readers support disenrolling the so-called Nooksack 306. The vast majority of TT readers think Nooksack should hold elections before disenrollments. There is a wide variety of opinions on which forum should resolve the disputes.

Question: Should the Nooksack 306 Be Disenrolled?

	COUNT	PERCENT


Yes	12	4.44%
No	202	74.81%
Don’t Know	56	20.74%

Question: Should the Nooksack Tribe Hold Elections Before Proceeding with Disenrollments?

	COUNT	PERCENT


Yes	212	85.48%
No	25	10.08%
Don’t Know	11	4.44%

Question: Which forum is the best place to resolve litigation arising from this dispute?

	COUNT	PERCENT


Nooksack tribal council (incl. Nooksack Supreme Court)	14	5.45%
Nooksack tribal judiciary	89	34.63%
Bureau of Indian Affairs	51	19.84%
Federal or state courts	80	31.13%
International forums	7	2.72%
Other	16	6.23%

Nooksack Update

October 31, 2016Matthew L.M. Fletcher

Kelly v. Kelly (Nooksack Tr. Ct.):

Kelly v. Kelly Rejected Second Amended Complaint

Belmont v. Kelly (Nooksack Ct. App.):

Rejected Declarations Re Nooksack Member Voting Rights

Nooksack Indian Tribe v. NICS (Nooksack Tr. Ct.):

Response to Order to Show Cause

Declaration of of Daniel Kamkoff in Response to Order to Show Cause

Administrative Disenrollment Matter (Nooksack Tr. Council):

Omnibus Written Response of Nooksack Tribal Members Proposed for Disenrollment

Federal Court Declines to Stay Enforcement of BIA Ruling in Calif. Miwok Membership/Leadership Dispute

October 26, 2016October 26, 2016Matthew L.M. Fletcher

Here are the materials in California Miwok Tribe v. Jewell (E.D. Cal.):

Nooksack Appellate Update: Indian Law Professors Amicus Brief, CoA Reverse Disbarment

September 21, 2016September 21, 2016Sarah M Donnelly

In re Gabriel Galanda v Nooksack Tribal Court REJECTED Second Motion for Show Cause Order re Partial Summary Judgment Contempt or Mandamus

In re Gabriel Galanda v Nooksack Tribal Court Motion and Amici Brief of Law Professors in Support of Petitioners

Excerpt:

Amici do have grave concerns regarding patent violations of ICRA, harm to the integrity of all tribal courts, and, most importantly, the strategic deprivation of counsel and barred access to justice for Nooksack tribal citizens. Dr. Martin Luther King’s warning that “Injustice anywhere is a threat to justice everywhere” haunts this matter. The Nooksack Tribal Court Clerk and those directing him are directly harming the rights of Indians everywhere to access justice and enjoy the rights guaranteed them by Nooksack and federal law.

Link to previous posts here.

UPDATE: Nooksack Court of Appeals reverses disbarment for Galanda Broadman PLLC attorneys. Download (PDF): In re Gabriel Galanda v Nooksack Tribal Court Order on Plaintiffs’ Second Motion for Partial Summary Judgment