News Article on Oglala Sioux Tribe v. Van Hunnik

Here.

While written court orders are obviously important, court transcripts reflect far more what it is like to be a parent in a fast and confusing hearing about your children. Also makes for a strong argument for these to be public hearings rather than confidential ones. It’s far from a complete solution, but sunshine usually helps more than it hurts.

OST Drug Testing Update — Tribal Court Vacates Drug Test Ordinance

From the Rapid City Journal (H/T Indianz):

Members of the Oglala Sioux Tribal Council who were suspended for not taking a drug test have been reinstated, after a tribal judge struck down the requirement.

In October, the tribal council passed a resolution requiring members and other elected officials to take a “hair follicle” drug test.

The ordinance was in response to the arrest in New Mexico of Councilman Don Garnier, who faces a federal charge of possession of marijuana with intent to distribute it.

Tribal Judge Lisa Adams earlier this month upheld the test for council members but struck down the requirement for the tribe’s treasurer.

On Nov. 7, a motion to rescind the drug-test requirement order failed by a vote of 12-2 of the tribal council.

Last week, however, Judge Adams killed the measure “in its entirety for vagueness,” according to documents faxed to the Rapid City Journal from the office of Oglala Sioux Tribe President John Steele.

At least 11 tribal officials took the hair-follicle test, as did Steele.

Two council members refused, arguing the council had no authority to pass the ordinance.

Three council members took a urinalysis test for drugs instead.

One council member’s test was canceled when the machine malfunctioned, and another couldn’t take the test because his hair was too short.

Garnier, who refused the test, remains suspended pending the outcome of charges against him.

It was unclear how many council members had actually been suspended for failing to take the test, but the question apparently is moot.

In a written memo to tribal council members, also faxed to the Journal, Steele said tribal officials suspended were reinstated with pay.

South Dakota Tribal-State Court Reciprocity Court Rule Adopted by Standing Rock

From the Rapid City Journal (H/T Indianz):

The Standing Rock Sioux Tribal Court will now recognize judgments made in state court and other tribal courts.

“In exchange, South Dakota’s Unified Judicial System will recognize and honor judgments made in Standing Rock Sioux Tribal Court.

Tribal Rule 23, which allows the Standing Rock court to recognize court rulings from other jurisdictions, was adopted by the tribal court and signed by tribal Chairman Ron His Horse Is Thunder.

Because of Rule 23, South Dakota courts are now authorized under state statute to recognize Standing Rock court orders and judgments.

“It is the first tribe that has actually notified us that they have court rule in place that has been signed by the chairman of the tribe and by the court,” said Judith Roberts, legal counsel for the Unified Judicial System.