Blackfeet Tribe

Montana Supreme Court Decides In re Estate of Big Spring — Exclusive Tribal Court Jurisdiction over On-Rez Probate

Matthew L.M. Fletcher

Here is the opinion: Big Spring Opinion.

An excerpt:

Julie Big Spring (Julie) and William F. Big Spring III (William) appeal the order of the Ninth Judicial District Court, Glacier County, denying their motion to dismiss for lack of subject matter jurisdiction. They challenge the District Court’s assumption of jurisdiction over the probate of the estate of their father, William F. Big Spring, Jr. (Big Spring), an enrolled member o f the Blackfeet Tribe whose estate property was located within the exterior boundaries of the Blackfeet Indian Reservation at the time o f his death. We reverse the District Court’s order and hold that the Blackfeet Tribal Court has exclusive jurisdiction over the probate of Big Spring’s estate (the Estate).

Here are the briefs.

New Cert Petition re: Tribal Court Jurisdiction (Sorta)

Matthew L.M. Fletcher

Here is the petition in Glacier Electric Cooperative, Inc. v. The Estate of Scott Sherburne: Glacier Electric Cert Petition.

Questions presented:

[T]he question presented is whether preclusion of the issue of tribal subject matter jurisdiction to hear a case bars the federal courts from considering whether Respondents may enforce in tribal court the relief they were granted there – a substantial money judgment – despite the lack of due process at the trial.

The Ninth Circuit’s summary disposition is here.

Billings Gazette Special Report on Tribal Sovereignty

Matthew L.M. Fletcher1 Comment

From the Billings Gazette:

When the last of the bison herds disappeared in the early 1880s, Indian nations on the Northern Plains were reduced to poverty.

In Montana, where there are no high-flying gambling operations and big population centers, economic conditions for American Indians have been slow to change. Unemployment is rampant, and business opportunities are scarce.

Through various acts of Congress, tribes are contracting with the federal government to provide essential services to their people. But federal funds, static for years, are shrinking. Tribes are taking on more responsibilities than ever for the welfare of their people and are pursuing economic opportunities to support their efforts.

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