Quinault Indian Nation

Prepared Witness Testimony in SCIA Oversight Hearing on the Trust Responsibility

Matthew L.M. Fletcher

Here:

Panel #  1

Ms. Melody McCoy
Staff Attorney
Native American Rights Fund, Boulder, CO

Mr. Matthew L. M. Fletcher
Professor of Law and Director of the Indigenous Law and Policy Center
Michigan State University College of Law, East Lansing, MI

Mr. Daniel Rey-Bear
Partner
Nordhaus Law Firm, LLP, Albuquerque, NM

Panel #  2

Mr. Ray Halbritter
Nation Representative
Oneida Indian Nation, Verona, NY

The Honorable Fawn Sharp
President
Quinault Indian Nation, Taholah, WA

The Honorable Brooklyn D. Baptiste
Vice-Chairman
Nez Perce Tribe, Lapwai, ID

I don’t see Jicarilla’s testimony here.

Malpractice Claim against Plaintiff’s Attorney Arising Out of Quinault Slip and Fall Dismissal

Matthew L.M. Fletcher

Here is the  state court complaint in Herda v. Daniel Gordy & Assoc. (and Tribal First/Hudson Insurance):

Herda Complaint

Washington SCT Decides Five Corners Family Farmers v. State — Groundwater Allocation Case

Matthew L.M. Fletcher

Here is the majority and here is the dissent.

Here is the tribal amicus brief.

State of Washington v. Comenout Briefs

Matthew L.M. Fletcher3 Comments

The Washington Supreme Court soon will decide whether the state has jurisdiction over alleged cigarette trafficking crimes committed by tribal members on Quinault Reservation land. Here are the materials:

85067-4 – State v. Robert Comenout, Jr. and Robert Comenout, Sr. 
Hearing Date – 06/30/2011

Washington Tribes’ Challenge to Wash. Water Statute Fails

Matthew L.M. Fletcher

Here is the opinion in Lummi Indian Tribe v. State of Washington (Wash. S. Ct.).

An excerpt:

In 1998, this court held that under then-existing law, new private water rights did not fully vest until the water was put to a beneficial use, and not merely when the “pumps and pipes” capacity to use the water was built. Dep’t of Ecology v. Theodoratus, 135 Wn.2d 582, 586, 957 P.2d 1241 (1998). We cautioned then that we were not considering municipal water rights, which often receive separate treatment in water law. Id. at 594. In response to our opinion, the legislature amended the municipal water law, Second Engrossed Second Substitute H.B. 1338, 58th Leg., Reg. Sess. (Wash. 2003) (SESSHB 1338), to, among other things, explicitly define certain nongovernmental water suppliers as municipal and to make that definition retroactive. We are now asked whether these amendments violate separation of powers or facially violate due process. We conclude they do not. We reverse in part and affirm in part.

Quinault Wins Right to Land Consolidation; Court Overturns IBIA

Matthew L.M. Fletcher

Here is the opinion in Anderson & Middleton v. Salazar (W.D. Wash.) in which the BIA had apparently refused to apply a statutory obligation favoring the Quinault Indian Nation’s efforts at land consolidation — Anderson & Middleton DCT Order

And the materials (earlier materials are here):

Quinault Motion for Summary Judgment

A&M Opposition to QIN Motion

DOI Motion for Summary Judgment