tribal court

News Profile of Barriers to Justice for Indian Women

Matthew L.M. Fletcher

From the Lincoln Journal Star:

She needs to call 911. She needs police to arrest the drunken boyfriend who assaulted her. She needs to go to the hospital, because she might be pregnant and he might be HIV-positive. And she needs a lawyer.

She could be one of so many women on Native reservations, where alcoholism and domestic violence often are rampant. In fact, Amnesty International reported in 2007 that Native women were 2 1/2 times more likely to be sexually assaulted.

Yet when a Native woman dials 911, a series of legal obstacles arise. Many stem from laws governing tribes — laws that can amplify the horror of sexual assault on Native reservations.

Among them is a 1950s federal regulation allowing government agencies, such as Indian Health Services, to avoid testifying in state and tribal courts.

The perceived benefit: Less courtroom involvement keeps agencies neutral.

But critics say information being withheld can include forensic evidence that could convict a rapist.

“So we have serial rapists that stalk our women,” said Charon Asetoyer, whose South Dakota-based group fights for Native women’s reproductive rights. Continue reading →

Iowa Court of Appeals Decides Insurance Coverage Matter related to Sac and Fox Leadership Dispute

Matthew L.M. Fletcher

Here is the opinion in Scottsdale Ins. Co. v. Attys. Process & Investigation Servs. An excerpt:

Attorneys Process & Investigation Services, Inc. (APIS), appeals the district court’s grant of summary judgment to Scottsdale Insurance Company on its petition seeking a declaratory judgment that an insurance policy it had issued to APIS provided no coverage for acts alleged in a lawsuit filed by the Sac & Fox Tribe of the Mississippi in Iowa (Tribe) against APIS in tribal court. APIS also appeals the district court‟s dismissal of its counterclaims against Scottsdale. We affirm in part, reverse in part, and remand to the district court for further proceedings.

Miranda v. Nielson — Tribal Court Authority to Stack Consecutive Sentences

Matthew L.M. Fletcher4 Comments

A federal magistrate has issued a report and recommendation (something not yet binding until the federal judge signs it) holding that Indian tribes do not have authority to sentence convicted criminals to consecutive sentences amounting to more than 1 year (the limit set by the Indian Civil Rights Act).

Here is the report and recommendation — Magistrate Report

Tenth Circuit Seeks to Conclude San Juan County Dispute

Matthew L.M. Fletcher1 Comment

Here is the latest and perhaps last in Dickson v. San Juan County from the Tenth Circuit. Materials are here.

An excerpt:

Plaintiffs-Appellants Dickson, Riggs and Singer (hereafter “Appellants”) appeal from the district court’s order denying their motion for relief from this court’s final judgment. The district court ruled that the law-of-the-case doctrine prohibited it from considering Appellants’ new legal theories that a Navajo Nation tribal court had subject-matter jurisdiction over defendants, notwithstanding this court’s decision to the contrary. The court’s order also granted defendants’ motion to enjoin Appellants from initiating any further proceedings against them. We affirm.

Plaintiffs-Appellants Dickson, Riggs and Singer (hereafter “Appellants”)appeal from the district court’s order denying their motion for relief from thiscourt’s final judgment. The district court ruled that the law-of-the-case doctrineprohibited it from considering Appellants’ new legal theories that a NavajoNation tribal court had subject-matter jurisdiction over defendants,notwithstanding this court’s decision to the contrary. The court’s order alsogranted defendants’ motion to enjoin Appellants from initiating any furtherproceedings against them. We affirm.

News Coverage on Criminal Charges in U.P. Illegal Gillnetting Case

Matthew L.M. Fletcher

From the Escanaba Daily Press:

ESCANABA – Sentences will be handed down within the next six weeks for two men arrested in connection with illegal gill netting on Big Bay de Noc earlier this month, according to Delta County District Court officials.

Kerry Todd Johnson, 27, Cooks, and Daryl John Tatrow, 48, Garden, each pleaded no contest to a charge of using illegal fishing devices. The misdemeanor carries a maximum punishment of 90 days in jail, $1,000 fine, and revocation of one’s fishing license for three years.

Tatrow, who appeared in district court Wednesday, also pleaded no contest to one count of attempted assaulting/resisting/obstructing a law enforcement officer for fleeing during his arrest. The charge carries a maximum sentencing of one year in jail and a $1,000 fine.

Johnson is scheduled to be sentenced in district court on Dec. 21. Tatrow will be sentenced on Jan. 4.

A third man arrested in connection with the alleged illegal gill-netting operation, will be charged in the Sault Ste. Marie Band of Chippewa Indians Tribal Court for subsistence fishing without a license, according to officials from the Department of Natural Resources. His name was unavailable.

Continue reading →

Michigan Case re: Tribal Court to Federal Court Removal and Remand

Matthew L.M. Fletcher1 Comment

This case, Geroux v. Assurant, Inc., started as a tribal court complaint against two insurance companies seeking benefits for long-term disability, but was removed by the defendants to federal court. The district court remanded the case back to tribal court under the principles of the tribal court exhaustion doctrine.

Tribal Court Complaint against Assurant

Tribal Court Complaint against Union Security

Geroux Motion to Remand

Union Security Co. Answer and Counterclaim

Assurant Answer

Geroux Motion to Dismiss Counterclaim

Union Security Opposition to Motion to Dismiss

Geroux v Assurant DCT Remand Order

Friday Eagle Criminal Trial to be Heard in Tribal Court

Matthew L.M. Fletcher

Here is the news article via Pechanga, and here are the documents:

US Motion to Continue

Order Granting Continuance in Friday Case

Arizona Bar Journal Article on DV in Tribal Courts

Matthew L.M. Fletcher

Sylvia Struss, a DNA attorney, published “DV Cases in Tribal Court” in the October 2009 issue of Arizona Attorney.

Article link.

Minnesota COA Orders Trial Court to Transfer ICWA Case to Leech Lake Tribal Court

Matthew L.M. Fletcher

Here is the unpublished opinion in In re R.L.Z. (Minn. App.). An excerpt:

On appeal from the district court’s denial of a tribe’s motion to transfer this proceeding to terminate parental rights to tribal court, appellant Leech Lake Band of Ojibwe (the Band) argues that good cause to deny its motion did not exist because: (a) the Band filed its motion promptly after receiving notice of the proceedings, which were not at an advanced stage at that time; (b) the record before the district court did not indicate that transfer would create undue hardship on the parties or the witnesses; and (c) the district court improperly based its denial of the Band’s motion on the child’s best interests. We reverse.

Foxwoods Settles $2.9 Million Personal Injury Claim

Matthew L.M. Fletcher

From ICT:

LEDYARD, Conn. – A Massachusetts man who lost his leg in an accident at Foxwoods Resort Casino in 2006 received a $2.9 million award in what may be the largest personal injury claim ever negotiated in a tribal court.

Richard Murch, 69, of Tewksbury, Mass., and the Mashantucket Pequot Gaming Enterprise agreed to settle the claim minutes before a trial was to begin in Mashantucket Pequot Tribal Court in early August.

MPGE is the business arm of the Mashantucket Pequot Tribal Nation, which owns Foxwoods Resort Casino in southeastern Connecticut. Tribal officials said it was their largest settlement.

New London attorney M. John Strafaci, who represented Murch, said it may be the largest settlement in any tribal court.

Continue reading →