Here are the materials in United States v. Shavanaux (D. Utah):
DCT Order Dismissing Shavanaux Indictment
tribal court
New Cert Petition re: Tribal Court Jurisdiction (Sorta)
Here is the petition in Glacier Electric Cooperative, Inc. v. The Estate of Scott Sherburne: Glacier Electric Cert Petition.
Questions presented:
[T]he question presented is whether preclusion of the issue of tribal subject matter jurisdiction to hear a case bars the federal courts from considering whether Respondents may enforce in tribal court the relief they were granted there – a substantial money judgment – despite the lack of due process at the trial.
The Ninth Circuit’s summary disposition is here.
Montana 2 Case at Rincon Band Dismissed under Tribal Exhaustion Doctrine
Here is the opinion in Rincon Mushroom Corp. v. Mazzetti (S.D. Cal.):
And this pleading, which seems to say it all: Rincon Band Motion to Dismiss
Federal Court Dismisses Challenge to Choctaw Tribal Court Indian Child Adoption Matter
Here are the materials in Alexander v. Salazar (E.D. Okla.):
Tribal Court Judge Jurisdictional Brief
LVD Sorta Back to Normal
WATERSMEET — After nearly a week of courtrooms, protests, and imprisonment the Lac Vieux Desert Tribal Council plans to return to their reservation in Watersmeet.
According to their attorney, the nine-member council plans to return home and conduct business as usual until the tribal appellate court hears the case.
Monday dozens of council and tribal members protested outside of the Marquette Federal Courthouse saying they are political prisoners upholding the tribe’s constitution.
All nine members of the tribal council were jailed last week after refusing to swear in the new executive council due to alleged election problems.
LVD Council Released from Jail
From tv:
WATERSMEET — The Lac Vieux Desert tribal council is back in Watersmeet after an appellate court ruled they should be released from jail.
According to the tribal council’s attorney, Zeke Fletcher, the appellate court made the ruling two days ago but Judge Bradley Dakota did not recognize the ruling.
The nine member council has been in the Iron County jail since Wednesday because they refuse to swear in two new tribal council members despite the court order.
They were held in contempt of court and jailed.
News Coverage of LVD Council Jailing
WATERSMEET — It has been a politically charged few weeks for the Lac Vieux Desert Tribe but things turned criminal on Wednesday.
All nine members of the tribal council were held in contempt of court after refusing to swear in the new chairman and treasurer and are now sitting in jail.
Judge Bradley Dakota’s ruling said the council must remain in jail until a majority agrees to swear in the new members.
Ruth Antone is an elder within the tribe and has lived on Lac Vieux Desert land all of her life.
She supports swearing in the new council but given the fact that two of her grandchildren are on the current council and are now in jail it’s been a difficult situation.
“I was at the hospital last night because my blood pressure was high and that’s because all that’s been going on,” she said. “I want it over with, I’m glad it’s over with soon I hope.”
The jailed council members released a statement through their attorney saying:
“We are being criminally punished for upholding the Constitution.”
LVD Council Arrested?!?!?
WATERSMEET — Controversy continues to surround the Lac Vieux Desert Tribe and Wednesday police took action.
All nine tribal council members have been arrested for disobeying a court order by refusing to swear in the newly elected chairman and treasurer at last night’s tribal council meeting.
In July, tribal members protested the council’s decision not to step down after seven of the nine council members were voted out of office.
A third party judge ruled last month that the new chairman and treasurer must be sworn in and a new election would be held for the five general council positions.
The nine arrested council members have been transported off tribal property and are being held in the iron county jail without bond.
News Article on Saginaw Chippewa Membership Dispute in Tribal Court
From the Mt. Pleasant Morning Sun, via Pechanga:
Mt. Pleasant attorney Paula Fisher says she is pleased with her victory in Saginaw Chippewa Tribal Appellate Court on Aug. 16.
The Tribe’s Court of Appeals reversed the decisions of past Tribal Councils, the Tribe’s Office of Administrative Hearings and the Tribe’s Community Court said Fisher.
“The Tribe had previously taken the position it would not honor its own Tribal blood quantum certifications,” said Fisher, attorney for Tappen and Ayling. “That resulted in Tribal applicants who were born to Tribal members who had at least one half degree Indian blood quantum, not being allowed to use their parents to prove their members (eligibility).
“The Tribe has taken the position for the last several years that one half of one half does not equal one quarter.”
Chief Judge Kevin K. Washburn, Associate Judges Robert Kittecon, and Dennis Peterson issued an opinion and an order that would allow Dennis Tappen, Angela Ayling and Skykur Graveratte “due process rights” with their applications for Tribal enrollment.
News Coverage of Wisconsin Oneida Proposal to Expand Tribal Court Jurisdiction
From the Green Bay Press Gazette, via Pechanga:
A legislative proposal to revamp the Oneida judicial system and define its authority is part of a larger trend among Native American tribes across the country to establish their own law enforcement and judicial systems.
* * *
The authority and jurisdiction of modern tribal courts is complex.
Wisconsin is one of six states where a 1953 federal measure called Public Law 280 gave criminal jurisdiction over tribal areas to the states from the federal government, and also allowed state courts jurisdiction over civil matters on reservations.
The law was a product of the termination era — a period in the 1950s and ’60s when the federal government severed relationships with many tribes, said Matthew Fletcher, a professor and director of the Indigenous Law and Policy Center at Michigan State University.
However, Congress didn’t appropriate any money to these states to increase the law enforcement necessary to enforce the jurisdiction, leading local officials to often ignore problems on reservations, Fletcher said.
When federal Native American policy shifted toward self-determination, giving tribes more control over their governance, tribes began developing their own law enforcement systems and courts. As they did, questions arose about jurisdiction.
Turtle Talk 
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