On January 28, 2012, the Muscogee (Creek) National Council held its Legislative branches Quarterly Session. An account of the meeting can be found on the Tribal Town Radio Blog. At the meeting, Andrew Adams III, a citizen of the Muscogee (Creek) Nation, was confirmed as a Supreme Court Justice. Andrew’s other contributions to the legal field can be found here. He’s also a Turtle Talk contributor.
Congratulations to Andrew and his family!
Recall that in Muscogee (Creek) Nation Council v. Muscogee (Creek) Nation Election Board that three Justices purported to dismiss a claim relating to tribal constitutional amendments posted here on Saturday. Now the three other sitting Justices have declared that opinion void ab initio (opinion here: Response to Opinion and Order).
The first is from the Muscogee (Creek) Tribal Court — Ellis v. Bristow Muscogee Indian Community.
The court there held that the Muscogee national government has substantial control over the gaming facilities located at each of the six tribal communities named as defendants.
The second is from the Hopi Court of Appeals — In the Matter of Village Authority to Remove Tribal Council Representatives.
Hopi Appellate Court Ruling – Bacavi Cert. Question
There, the court held that the Hopi villages retain authority to remove their elected tribal council members.
The Northern District of Oklahoma found that the Muscogee Tribal court did not have jurisdiction over the firm Crowe & Dunlevy who represented Thlopthlocco Tribal Town in an intratribal dispute. The case began in Muscogee Nation tribal court, but the firm eventually filed suit in federal district court to prevent enforcement of a tribal court order. Tribal sovereign immunity, Ex parte Young, judicial immunity, Rule 19 and Montana exceptions are all discussed in the decision.
Crowe & Dunlevy, P.C. v. Stidham, — F.Supp.2d —-, (N.D.Okla. Apr 24, 2009) (NO. 09-CV-095-TCK-PJC)
Turtle Talk 