Here the materials so far in this pending case:
tribal court
Federal Suit to Stop Snoqualmie Tribe from Criminal Prosecution of Tribal Council Member
Here is the complaint in Ventura v. Snoqualmie Indian Tribe (W.D. Wash.): Ventura Complaint.
Rogers-Dial v. Rincon Band Complaint
Interesting case, involving the right of a tribe to evict non-Indians from tribal lands. The complaint, with a tribal court opinion attachment, is here: Rogers-Dial Complaint & Motion for PI
Muscogee Judicial System “in Limbo”
Here is the article.
An excerpt:
The judicial system of the Muscogee (Creek) Nation is in limbo.
At its Nov. 20 regular meeting, the tribe’s National Council overrode a veto by Principal Chief A.D. Ellis and approved a bill that abolished the tribe’s district court and replaced it with three courts.
Each of the new courts focuses solely on one legal area, with one for criminal cases, one for civil cases and one for family cases. The tribe’s Supreme Court was not affected by the legislation.
National Council Speaker Roger Barnett said, “We had some concerns about people getting proper assistance in specific areas, so specific courts were established for those areas.”
Ellis had vetoed the bill Nov. 10, claiming that it violated the separation of powers clause in the tribe’s constitution. The council voted 20-5 to override the veto.
So far, no judges have been seated to oversee the new courts. Barnett said the Chief’s Office has 60 days from the legislation’s passage to make nominations or the council will do it.
In response to the legislation, Ellis sued the National Council in the tribe’s district court.
White Earth Band Awarded Millions in Tribal Court Dispute with Former Chair and Gaming Management Co.
From the Bemidji Pioneer:
An $18,562,767.45 money judgment was recently awarded to the White Earth Band of Chippewa against Angelo Medure and Gaming World International, Ltd. (GWI).
The award culminates a 14-year struggle of the people of White Earth to recover illegal profit distributions made to Medure and Gaming World International. The legal action began in White Earth Tribal Court and then removed by GWI and Medure to Federal Court and then remanded back to Tribal Court by the Eighth Circuit Court of Appeals.
Medure was found to have conspired with former White Earth Chairman Darrell “Chip” Wadena to deprive the people of White Earth the benefits of the White Earth Land Settlement Act (WELSA). Although agreement provisions between GWI and Wadena required that Medure provide management services for the construction, development and operation of the Shooting Star Casino, GWI had no employees at the Shooting Star Casino at any time. In spite of having no employees at Shooting Star Casino, GWI and Medure were paid $10,153,772.61 in profit distributions. The management agreement required GWI to pay back the White Earth Land Settlement Act (WELSA) funds before any profit distributions were made to GWI.
Miccosukee Tribe of Indians of Florida v. Kraus-Anderson Const. Cert Petition
Here: Miccosukee v Kraus-Anderson Cert Petition
Question presented:
This case presents an important question regarding the recognition and enforcement of Indian tribal court judgments in the federal courts. The question presented is whether an action to obtain recognition of a tribal court judgment presents a federal question under 28 U.S.C. § 1331, based on the common law and the federal character of Indian law, and whether the Eleventh Circuit was incorrect in its holding, which conflicts with other circuit court and Supreme Court precedents, that the district court lacked subject matter jurisdiction to enforce the Miccosukee Tribal Court judgment in this case.
Lower court materials here.
Prisoner Response Brief in Miranda v. Nielson (Ninth Circuit)
Nottawseppi Huron Band Potawatomi Chief Judge Announcement
TRIBAL COUNCIL SEEKS LETTERS OF INTEREST FROM PERSONS TO SERVE ON AS CHIEF JUDGE OF THE NHBP TRIBAL COURT (TRIAL COURT). The Tribal Council is soliciting letters of interest from qualified individuals interested in being appointed to serve as Chief Judge of the NHBP Tribal Court. The individual appointed to this position would be appointed to a term of office which expiring on December 31, 2014. Letters of interest must be submitted no later than December 15, 2010 to be considered. Interested applicants should send a letter of interest and statement of qualifications (or resume) to: Homer A. Mandoka, Tribal Council Chairperson, 2221 1 ½ Mile Road, Fulton, Michigan 49052.
Qualifications for Appointment: In accordance with the NHBP Constitution, persons interested in being appointed to the Tribal Judiciary must agree to undergo an extensive background investigation. The qualifications of prospective appointees are determined by the Tribal Council in accordance with the qualifications for office contained in Article X of the NHBP Constitution which include the following:
Glacier Electric Coop. Reply to Cert Opposition
Here: Glacier Elec Reply Brief
Wisc. SCT Justice Unhappy with Teague Protocol
News article here.
Tribal court judges assert there’s no problem with consent to tribal court transfer:
Oneida Chief Judge Winifred Thomas told the Supreme Court this week that the results have been excellent. She said the tribal courts try very hard to create a win-win situation, even though the parents have agreed to disagree.
Thomas says the transfers to tribal courts are important, because she believes many Native Americans don’t get a fair shake in circuit courts.
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