Oklahoma Court of Criminal Appeals Enables Tulsa to Prosecute Indians

Matthew L.M. Fletcher

Here is the opinion in City of Tulsa v. O’Brien:

OpinionDownload

Briefs are here.

New York Appellate Division Allows Suit against Shinnecock Officials and Enjoins Billboard Construction

Matthew L.M. Fletcher

Here is the order in  Commissioner of the New York State Department of Transportation v. Polite (N.Y. A.D.):

OpinionDownload

Tribal Amicus Brief in Nessel v. Enbridge [Mich. Cir. Ct.]

Matthew L.M. Fletcher
2024.12.02 Tribes’ Amici Brief ISO PlaintiffDownload

Montana SCT Rejects Municipality’s Claim to Reimbursement for PL280 Costs from State

Matthew L.M. Fletcher

Here are the materials in Lake County v. State of Montana:

Opening Brief

Montana Answer Brief

Reply

Opinion

Dispositive Pleadings in Kansas Federal Court Suit against Prairie Band Potawatomi Police

Matthew L.M. Fletcher

Here are the materials so far in Musick v. Prairie Band Potawatomi Nation (D. Kan.):

1 Complaint.pdfDownload
33 Individuals’ Motion for Judgment on the Pleadings.pdfDownload
35 Tribal Motion to Dismiss.pdfDownload
42 Opposition to MTD.pdfDownload
43 Opposition to MJP.pdfDownload
49 Reply ISO MJP.pdfDownload
50 Reply ISO MTD.pdfDownload

States with ICWA Pro Hac Vice Waivers

Kate Fort

Late last month, Montana adopted a new rule allowing out of state attorneys to practice in ICWA cases and waiving certain requirements. This brings the total number of states with these kind of waivers to twelve (that I am aware of). If your state doesn’t have one of these, it’s a pretty straight forward rule to advocate for. If your state does have one of these, check in with practitioners to see if they are able to access your electronic filing system once they waive in. Or work on forms regarding appeals so intervened tribes are aware when appeals involving ICWA are filed by parents.

Anyway, great job everyone. Next year it will be ten years since Nebraska included the right in their state ICWA and nine years since we passed the rule in Michigan. These rules make a huge difference for tribal attorneys and ensures their state bar license remains safe while fully representing their tribal client in ICWA cases.

Ninth Circuit Materials in Shoshone-Bannock Tribes v. Dept. of the Interior [Federal Superfund Land Exchange something something]

Matthew L.M. Fletcher

Here:

Federal Opening Brief

Tribe Brief

Enviros Amicus Brief

Federal Reply 

Minnesota Federal Court Acknowledges Tribal Court Jurisdiction over Off-Rez Marriage Dissolution

Matthew L.M. Fletcher

Here are the materials in Tix v. Tix (D. Minn.):

1 Complaint

16 Defendant MTD

21 Plaintiff MSJ

25 Opposition to 21

26 Opposition to 16

27 Reply ISO 16

28 Reply ISO 21

30 DCT Order

race to the courthouse. . . .

Update in Federal Suit over Te-Moak Shoshone Tribe Leadership Dispute

Matthew L.M. Fletcher

Here are additional materials in Holley v. Dept. of the Interior (D. Nev.):

13 Holley Motion for Injunction

21 BIA Response to 13

22 BIA Motion to Stay

26 Holley Reply ISO 13

34 DCT Order Denying Injunction

Prior post here.

Federated Indians of Graton Rancheria Sue Interior over Trust Land Acquisition for Koi Nation of Northern California

Matthew L.M. Fletcher

Here is the complaint in Federated Indians of Graton Rancheria v. Haaland (N.D. Cal.):

1 ComplaintDownload