Here:
Roberts v Kelly COA Opening Brief of Appellants
Roberts v Kelly COA Response Brief of Appellees
Roberts v Kelly COA Reply Brief of Appellants
Lower court materials here.
Here.
An excerpt:
The 306 people fighting to stay on the Nooksack Indian Tribe’s membership rolls won a rare legal victory recently when Tribal Court Chief Judge Raquel Montoya-Lewis ruled that tribal leaders had violated their rights by denying them $250-per-person Christmas checks that were mailed to everyone else in the 2,000-member tribe.
But the ruling didn’t put any extra presents under anyone’s tree. While Montoya-Lewis ruled that it was illegal to deny the 306 the same treatment as other tribe members before their legal status is determined, she also decided that she had no legal authority to order Chairman Bob Kelly and his supporters on the tribal council to issue checks to anyone.
The episode was one more example of the difficulties that the 306 have faced during the past year, as they try to get courts to block the move to strip them of tribal membership under a process known as disenrollment.
Here are the new materials in St. Germaine v. Kelly (Nooksack Tribal Court):
St Germain v Kelly Brief in Support of TRO Relief
St Germain v Kelly Defendants’ Response in Opposition to Motion for TRO
St Germain v Kelly Order Granting Motion for TRO
An excerpt from the order:
Therefore, the Court finds that, at this preliminary TRO stage in this matter, the Defendants have violated the Nooksack Indian Tribe’s Constitution, Article IX and the Equal Protection clause of the Indian Civil Rights Act in passing Resolution 13-171 and acting upon it. The Court orders that the Defendants be enjoined from treating the proposed disenrollees differently from other tribal members with respect to the Christmas Support distribution. However, the Court finds that the Court cannot order specific relief requiring the expenditure of tribal funds. The Court hopes, however, that the Defendants will consider the implications of Resolution 13-171 and treat the Plaintiff proposed-disenrollees fairly, despite the fact that the Court is prohibited by the law from ordering them to do so.
Here are the updated materials in St. Germaine v. Kelly (Nooksack Tribal Court):
St Germain v. Kelly TRO Motion
St Germain v. Kelly Declaration of Michelle Roberts
St Germain v. Kelly Declaration of Rudy St. Germain
St Germain v. Kelly Order on Motion for Temporary Restraining ORder
The complaint is here.
Here is the complaint:
Rudy St Germain v Kelly Complaint For Prospective Equitable Relief
And a press release:
Nooksack 306 Deprived Of Christmas Support
Deming, WA – Today the Nooksack 306 were forced to file yet another Tribal Court lawsuit, after it became public that on December 3, the Nooksack Tribal Council Faction led by Chairman Bob Kelly voted via secret “poll” to exclude the 306 families from $250 in Christmas support.
The families have asked the Nooksack Tribal Court to stop the Kelly Faction from excluding 306 families from the distribution, which they intend to make starting this Thursday, December 12.
“We are disgusted but not surprised that Bob Kelly and his followers would now deprive our families from Christmas support,” said Nooksack 306 family spokesperson Moreno Peralta. “The holidays are a struggle for many of us, and they know that. This is just pure insult that is being added to the deep injury we’ve already suffered this year.”
Tribal member comments on the Tribe’s Facebook page confirm that Nooksack “families in need” could really use the Christmas monies.
The lawsuit alleges violation of the equal protection clauses in the Nooksack Constitution and federal Indian Civil Rights Act, as well as the Indian Gaming Regulatory Act (IGRA), which prevents tribes from distributing gaming revenues on a per capita basis without a federally-approved revenue allocation plan and/or in discriminatory fashion.
The Nooksack Tribe does not have any such revenue allocation plan. The resulting violations of IGRA could result in the National Indian Gaming Commission levying civil fines against the Tribe up to $25,000 per distribution and/or closing the Tribe’s two gaming facilities.
Here are the briefs in Lomeli v. Kelly (Nooksack Ct. App.):
Lomeli v Kelly Opening Brief of Appellants
Lomeli v Kelly COA Response Brief of Appellees
Lomeli v Kelly COA Reply Brief of Appellants
And a new case filing, Adams v. Kelly (Nooksack Tribal Ct.):
Adams v Kelly Declaration of Rick D. George Tribal Council Vice Chairman
Here are the new materials in Lomeli v. Kelly (Nooksack Tribal Court):
Lomeli v Kelly Motion for Order Re Contempt
Lomeli v Kelly Defendants’ Opposition to Motion for Order to Show Cause RE Contempt
Lomeli v Kelly Motion for Contempt Reply
Lomeli v Kelly Order Denying Motion for Order to Show Cause
Apparently, four Nooksacks have been automatically disenrolled, since August, in violation of a Stipulation and Order in Lomeli providing that nobody would be disenrolled until all of the hearings were concluded.
Here.
An excerpt:
To her credit, it appears that the Chief Judge was attempting to console the disenrollees and explain a decision that gravely disappointed them. Unfortunately, she also utilized words that profoundly diminished indigenous sovereignty:
“While the Court recognizes the important entitlements at stake for the proposed disenrollees, this is a fundamentally different proceeding than a loss of United States’ citizenship…. In the case of tribal disenrollees, the disenrollee loses critical and important rights, but they are not equal to the loss of U.S. citizenship. A person who is disenrolled from her tribe loses access to the privileges of tribal membership, but she is not stateless. While she loses the right, for example, to apply for and obtain tribal housing through the Tribe, her ability to obtain housing in general is unaffected. Though she loses the right to vote in tribal elections, she does not lose the right to vote in federal, state, and local elections. While the impact on the disenrollee is serious and detrimental, it is not akin to becoming stateless.” (Emphasis mine.)Whatever one’s views on the way each Native nation chooses to exercise their sovereignty with regard to defining membership, the judge’s view of Native nationhood is chilling. By ruling that the termination of a Native person’s citizenship is “not equal to the loss of U.S. citizenship” and the loss of tribal membership is “not akin to becoming stateless,” she places Native citizenship in a position squarely inferior to U.S. citizenship. The implications are profound. It is not realistic to expect to maintain true government to government relations with states and the federal government if we begin by diminishing our own status as citizens of sovereign nations.
Read more at http://indiancountrytodaymedianetwork.com/2013/11/07/disenrollment-disaster-my-citizenship-better-yours
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