Ninth Circuit Decides Coeur d’Alene Tribe v. Hawks

Here is the opinion. An excerpt:

This appeal presents the question of whether the grant of federal question jurisdiction in 28 U.S.C. § 1331 encompasses an action to recognize and enforce a tribal court’s award against nonmembers of the tribe. The district court concluded that the action, filed by an Indian tribe seeking to enforce a tribal court judgment against nonmembers, did not present a federal question and dismissed it based on a lack of subject matter jurisdiction. Inherent in the recognition of a tribal court’s judgment against a nonmember is a question regarding the extent of the powers reserved to the tribe under federal law. As in previous decisions involving the application of tribal law to nonmembers, we hold that actions seeking to enforce a tribal judgment against nonmembers raise a substantial question of federal law. We accordingly reverse the district court’s order dismissing the case for lack of subject of matter jurisdiction.

Briefs and lower court materials here.

Ninth Circuit Briefs in Coeur d’Alene Tribe v. Hawks

Here:

Opening brief

Appellee brief

Lower court materials here.

Idaho Federal Court Holds Tribe’s Effort to Enforce Tribal Judgment Must Be Dismissed Unless Tribe is Seeking an Order on Tribal Court Jurisdiction

Here are the materials in Coeur d’Alene Tribe v. Hawks (D. Idaho):

1 Complaint + Exhibits

6-1 Motion to Dismiss

10 Response

12 Reply

16 DCT Order

An excerpt:

But here, the Hawks have not challenged the Tribal Court‘s jurisdiction to make the award, and the Tribe has not sought a declaratory judgment that its courts had jurisdiction over the Hawks. Instead, the Tribe is simply asking a federal court to domesticate and enforce a Tribal Court Judgment. While such a claim has a basis in Idaho law and can be enforced in Idaho courts pursuant to Idaho Code § 10-1401 et. seq., the Tribe cites no federal statute or law that is in dispute and that could be used to create a federal question.