Two more states with intermediate appellate courts. You may wonder why I think that’s important, while KF thinks whether the judges are elected or appointed is important. We’re working on it.
In Oregon, tribal interests win at a 40 percent rate.
In Colorado, tribal interests win at a 67 percent rate.
Here are the Oregon cases:
Here is the opinion in State v. Kurtz. The tribal amicus brief is here: Kurtz Amicus Brief (final as filed)
From the court’s press release:
Today, in a criminal case involving tribal police officers in Oregon and their status under state law, the Oregon Supreme Court held that, with regard to the crimes of attempting to elude a police officer, ORS 811.540, and resisting arrest by a peace officer, ORS 162.315, the legislature intended the statutory terms “police officer” and “peace officer” to include members of tribal law enforcement departments.
Here is the opinion in State ex rel. Newberry v. Kulongoski. An excerpt:
Relators filed a petition for a writ of mandamus in Lane County Circuit Court in 2003, challenging the Governor’s authority to enter into a gaming compact with the Confederated Tribes of Coos, Lower Umpqua, and Suislaw Indians (the Tribes). Under the compact, the Tribes would be permitted to open a casino near Florence, Oregon. On the state’s motion, the trial court dismissed relators’ petition on two grounds: (1) relators had failed to show that they had no adequate remedy at law; and (2) relators had failed to join the Tribes in the action, in violation of ORCP 29 A. Relators appealed, and the Court of Appeals reversed and remanded. We allowed the state’s petition for review, and we now affirm the Court of Appeals decision.
Turtle Talk 