tribal membership – Page 15

News Profile of Elem Pomo Disenrollments/Banishments; Attorney Withdraws Representation

May 3, 2016May 3, 2016Matthew L.M. Fletcher1 Comment

Here is “Elem Pomo File Federal Suit Against Banishment.”

Here is the complaint in John et. al. v. Garcia et. al., 16-cv-02368 (N.D. Cali.)

An excerpt:

At this time it is unclear who will be defending the federal suit, Boland said. Last week, the Elem Colony Executive Committee’s longtime general counsel, Tony Cohen, publicly stated that he withdrew his representation in a blog post.

He said that in his 35 years practicing Indian law, “I have always worked to improve the lives of tribal members and have never helped tribal governments to be oppressors.”

News Profile of Nooksack Firing of Tribal Judge

May 2, 2016Matthew L.M. Fletcher

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

Nooksack Tribal Council Advertises for Chief Judge

April 27, 2016Sarah M Donnelly1 Comment

Link to Craigslist ad here.

New Materials in Nooksack Disenrollment/Election/Disbarment Disputes

April 27, 2016Matthew 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

April 20, 2016April 20, 2016Matthew 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.

Ninth Circuit Briefs in Tribal Disenrollee (San Pasqual Band of Diegueño Mission Indians) Suit against Interior

April 19, 2016May 9, 2016Matthew L.M. Fletcher1 Comment

Here are the briefs in Alto v. Jewell:

Alto Opening Brief

Federal Answer Brief

San Pasqual Band Amicus Brief

Reply Brief

Lower court briefs here.

News Profile of Nooksack Disenrollments (and others, too)

April 18, 2016Matthew L.M. Fletcher2 Comments

Here is “In Washington, the Nooksack 306 fight to stay in their tribe” from the High Country News.

Judge Orders Judicial Notice in Nooksack Disbarrment

March 22, 2016March 23, 2016Sarah M Donnelly

Belmont v. Kelly Order Re Resolution 16-28 and Due Process; Granting Motion for Judicial Notice

Excerpt:

Repeatedly, the Court has observed such tactics by Defendants: They rely upon case law where Defendants and their counsel have access to the full record of the case, while refusing such access to Plaintiffs without approval by Tribal Council, a majority of whom are Defendants in this lawsuit. They rely upon statutes where Defendants and their counsel have full access to the statutes, while refusing such access to Plaintiffs without Tribal Council approval. E.g., after Defendants claimed that the recall option is open to Plaintiffs, the Council declined to provide Plaintiffs with a copy of amended Title 60, setting forth recall procedures. And most recently, Defendants delegated to themselves authority for disciplining advocates in the Tribal Court and then, without providing notice and opportunity to be heard, they disbarred attorneys representing their adversaries in litigation.

Update: News coverage here — “Judge rules ‘biased’ tribal council denied disbarred lawyer due process“