Bois Forte Band of Chippewa Indians

Minnesota Supreme Court Holds that State May Civilly Commit Minnesota Tribal Members for On-Reservation Crimes

July 20, 2011August 11, 2011Matthew L.M. Fletcher

Thanks to N.X.:

Today’s Star Tribune reports that the Minnesota Supreme Court ruled that tribal members aren’t exempt from civil commitment. The link to the court’s opinion is here.

August 11, 2011 update:

Here is the opinion.

And the briefs:

Appellant’s Brief and Appendix

Appellant’s Reply

California Appellate Court Orders ICWA Case Transferred to Bois Forte Chippewa

February 17, 2011Matthew L.M. Fletcher

Here is the opinion in In re Jack C., reversing the trial court.

An excerpt:

In In re Jack C., III, D057034, the order terminating parental rights is reversed, and the matter is remanded to the trial court with directions to transfer jurisdiction to the Bois Forte Band of the Minnesota Chippewa, subject to the Band’s right of declination. If the Band declines jurisdiction, the juvenile court shall then reinstate the order terminating parental rights. (Cf. In re Francisco W. (2006) 139 Cal.App.4th 695, 706 [limited reversal disposition in defective ICWA notice appeals is in keeping with the public policy of our child dependency scheme, which favors prompt resolution of cases].)

NLRB v. Fortune Bay Appeal Voluntarily Dismissed

May 25, 2010Matthew L.M. Fletcher

Here: Fortune Bay Voluntary Dismissal.

The Bois Fort Band will proceed through the administrative process first.

Lower court materials here.

Minnesota Court of Appeals Holds State Court Has No Civil Confinement Authority over Minnesota Chippewa Members

May 19, 2010Matthew L.M. Fletcher1 Comment

Here is the opinion in In the Matter of the Civil Confinement of Johnson.

The court’s syllabus:

The state does not have jurisdiction pursuant to Public Law 280 to civilly commit an enrolled member of a federally recognized Indian tribe as a sexually dangerous person under the Minnesota Commitment and Treatment Act. But in the absence of express congressional consent, the state does have jurisdiction to civilly commit an enrolled member of a federally recognized Indian tribe as a sexually dangerous person under the commitment and treatment act where, as here, federal law does not preempt state jurisdiction and exceptional circumstances exist.