Minnesota Supreme Court

Minnesota SCT Rejects Equal Protection Challenge to ICWA for Lack of Standing

Matthew L.M. Fletcher

Here is the opinion in In the Matter of L.K.:

IMO L.K. OpinionDownload

Lower court opinion here.

Evenly Split Minnesota SCT Affirms State Authorization of Racinos

Matthew L.M. Fletcher

Here are available materials for In the Matter of the Minnesota Racing Commission’s Approval of Running Aces Casino Hotel & Racetrack’s Request to Amend its Plan of Operation:

Opinion – Published.pdfDownload
Reply – Shakopee.pdfDownload
Reply – Running Aces.pdfDownload

Minnesota SCT Reprimands Attorney for Misconduct before Mille Lac Ojibwe Courts under Reciprocal Attorney Discipline Rule

Matthew L.M. Fletcher

Here is the order in In re Petition for Disciplinary Action against Martins.

Minnesota SCT Justice Anne McKeig to Visit MSU ILPC This Thursday

Matthew L.M. Fletcher

Minnesota SCT Justice Anne McKeig to Visit MLaw This Friday

Matthew L.M. Fletcher

Justice McKeig will address the MLaw Native American Law Students Association and the Michigan Tribal-State-Federal Judicial Forum.

Minnesota SCT Rejects Mille Lacs County Officials’ Demand for State to Defend Mille Lacs Ojibwe Reservation Boundaries Suit

Matthew L.M. Fletcher

Here is the opinion in Walsh v. State of Minnesota:

Opinion 2022-06-09 10_43_40.pdfDownload

Minnesota SCT Rules McGirt Inapplicable in Minnesota

Matthew L.M. Fletcher

It’s ‘cuz of PL280 (and, yeah, I know you’re out there Red Lakers, so chill). Here is the opinion in Martin v. State of Minnesota:

Opinion – Published.pdfDownload

Minnesota SCT Confirms Authority of Tribal Police to Detain and Expel Non-Indians from Rez

Matthew L.M. Fletcher

Here is the opinion in State v. Thompson:

state-v.-thompson.pdf

The court’s syllabus:

When, on the Red Lake Reservation, a non-Indian violates a Minnesota law under circumstances where the non-Indian is subject to the State of Minnesota’s criminal jurisdiction, Red Lake Band police officers are authorized to detain and expel the non-Indian from the Reservation.

Minnesota SCT Refuses to Grant Credit to Prisoner for Time Spent in Red Lake Tribal Jail Unless that Time Was Spent for a State Offense

Matthew L.M. Fletcher

Here is the opinion in State v. Roy:

State v Roy

Minnesota Supreme Court Rule Recognizing Tribal Court Orders

Andrew Adams III

Over 15 years ago, the Minnesota Tribal Court/State Court Forum petitioned the Minnesota Supreme Court to adopt a robust rule for recognition of tribal court orders. Due in large part to public concern about the efficacy of tribal courts, the supreme court adopted a more cautious rule, one that provided limited guidance and delegated excessive discretion to district courts. The consequences were delays and inconsistencies in the recognition process.

In 2016, the Forum petitioned the supreme court to amend the rule, arguing that any concerns about today’s tribal courts are unfounded. It asked the Minnesota Supreme Court to enhance the rule and extend due deference and respect to tribal courts. The petition received overwhelming support from state court judges, local attorney associations, and the national Indian law community. In a 4-2 decision on July 2, 2018, the Minnesota Supreme Court granted the Forum’s petition with minor amendments.

Thank you to all of the state and tribal court judges of the Forum for their leadership and thanks also to Peter Rademacher (Hogen Adams PLLC) for his tireless work as scrivener of the Forum.

Administrative – Order – Other