tribal membership

66 Grand Ronde Treaty Descendants Judicially Disenrolled

Matthew L.M. Fletcher2 Comments

Here are the materials in Alexander v. Confederated Tribes of Grand Ronde:

At request of counsel for the plaintiffs (see statement below), we have removed these docs:

To Whom It May Concern:
At the behest of the Grand Ronde Tribal Government’s legal counsel, we have removed from our firm’s social media pages any links to certain legal briefs which were sealed under the Grand Ronde Tribal Court’s order issued in September of 2014.  We ask that you likewise remove any legal briefs from your pages.  We regret the inadvertent disclosure of these legal briefs.

IBIA Vacates and Remands Nooksack Enrollment Ordinance Decision by BIA Superintendent

Matthew L.M. Fletcher

Here is the order and opinion:

7-9-15 271 Order Vacating Decision and Remanding

News coverage here.

National Native American Bar Association Issues Formal Ethics Opinion on Duties of Advocates in Tribal Disenrollment Proceedings

Matthew L.M. Fletcher

Here is ethics opinion number 1: “Duties of Tribal Court Advocates to Ensure Due Process  Afforded to All Individuals Targeted for Disenrollment”:

National Native American Bar Association Formal Ethics Opinion No. 1

This follows up an earlier resolution from NNABA.

 

Federal Court Dismisses Challenge to Nooksack Disenrollment

Matthew L.M. Fletcher1 Comment

Here are the materials in St. Germain v. Dept. of Interior (W.D. Wash.):

doc. 38 – Motion to Dismiss or, in the Alternative, for Partial Summary Judgment

doc. 41 – Response Re Motion to Dismiss

doc. 42 – Reply Re Defendants’ Motion to Dismiss

doc. 44 – Order Granting Motion for Partial Summary Judgment

Prior pleadings in this matter here and here.

New Scholarship on Tribal Disenrollments

Matthew L.M. Fletcher6 Comments

Arizona Law Review announces its publication of Galanda and Dreveskracht’s piece entitled Curing the Tribal Disenrollment Epidemic: In Search of a Remedy, which has been described as “a must read for all of Indian country” by Indian law scholar Robert A. Williams, Jr. Please see the press release for additional information.

Recent Native America Calling Shows on Tribal Member Disenrollments, Blood Quantum, and Banishment

Matthew L.M. Fletcher1 Comment

Here:

http://nativeamericacalling.com/tuesday-may-5-2015-banishment-good-or-bad-for-tribal-communities/

http://nativeamericacalling.com/wednesday-may-6-2015-tribal-enrollment-and-blood-quantum/

New Book — Jill Doerfler’s “Those Who Belong”

Matthew L.M. Fletcher

Jill Doerfler has published “Those Who Belong: Identity, Family, Blood, and Citizenship among the White Earth Anishinaabeg.”

Those Who Belong

Michigan State University Press did the honors.

This is very exciting! An important moment in the study of Anishinaabe law and modern tribal membership.

National NABA Issues Resolution Declaring Lawyers Assisting Tribal Disenrollment without Due Process are in Violation of the Ethical Rules

Matthew L.M. Fletcher3 Comments

Here. An excerpt:

WHEREAS, Native Americans’ right of tribal citizenship is being increasingly divested or restricted without equal protection at law or due process of law, or any effective remedy for the violation of such rights, most commonly through a tribal process known as “disenrollment.”

NOW THEREFORE BE IT RESOLVED, that the National Native American Bar Association hereby denounces any divestment or restriction of the American indigenous right of tribal citizenship, without equal protection at law or due process of law or an effective remedy for the violation of such rights.

NOW THEREFORE BE IT RESOLVED, that the National Native American Bar Association hereby declares that it is immoral and unethical for any lawyer to advocate for or contribute to the divestment or restriction of the American indigenous right of tribal citizenship, without equal protection at law or due process of law or an effective remedy for the violation of such rights.

Ninth Circuit Affirms Dismissal of Challenge to Pala Disenrollments

Matthew L.M. Fletcher1 Comment

Here is the unpublished opinion in Allen v. Smith:

031.1 – Memorandum Disposition(83952089_1)

Excerpt:

This relief sought by the Appellants clearly operates against the Tribe. The
requested relief would prevent the Tribe from disenrolling the Appellants and
compel it to reinstate their membership and tribal benefits. Even the request for
compensatory and punitive damages (to be paid by the Appellees, not the Tribe)
would interfere with the Tribe’s public administration, because the monetary
damages are predicated on this court’s determination that the disenrollment of the Appellants was improper. Thus, we conclude that Appellants’ suit should be
construed as a suit against the Tribe itself.

Briefs and lower court materials here.

Written Order Enjoining Nooksack Disenrollments

Matthew L.M. Fletcher

Here:

Order

Materials are here.