Duwyenie v. Moran — Arizona COA Case Involving Parallel Tribal and State Custody Actions

Unusual case, involving what likely was the kidnapping of an Indian child in a child custody squabble originating in Arizona. One parent removed the child to South Dakota and initiated proceedings in the Rosebud Sioux Tribal Court after Arizona state court proceedings had begun. The other parent initiated tribal court proceedings on the same matter in Gila River Tribal Court, which was a smart move, since the tribal courts talked to each other, leading the RSTC to dismiss its part of the case and admonish the parent who (likely) kidnapped the child.

Here is the opinion.

Kelly v. Kelly — North Dakota Supreme Court on State Court Jurisdiction over Indian/Non-Indian Marriage

Here is the opinion in Kelly v. Kelly. An excerpt:

Richard Kelly appealed from a district court judgment granting him a divorce from Karol Kelly but concluding that the district court lacked subject matter jurisdiction over the incidents of the marriage. We reverse and remand, concluding the district court had concurrent subject matter jurisdiction with the tribal court to adjudicate the incidents of the parties’ marriage.

And the materials:

kelly-appellant-brief

kelly-appellee-brief

kelly-reply-brief

CA9 Decides Philip Morris v. King Mountain Tobacco

Here is the opinion from the Ninth Circuit denying that a colorable claim to tribal court jurisdiction existed in this trademark violation issue. And here are the briefs:

philip-morris-opening-brief

king-mountain-response-brief

philip-morris-reply-brief

Gillette v. Edison — Younger Abstention Doctrine Applied in Disciplinary Action against Indian Lawyer

The District of North Dakota dismissed a federal action brought by an attorney seeking an order forcing North Dakota state courts to dismiss a disciplinary action against a tribal lawyer. Interesting case involving an issue about whether state bar disciplinary boards can discipline a lawyer for on-reservation conduct.

dct-order-in-gillette-v-edison

north-dakota-motion-to-dismiss

gillette-motion-for-declaratory-judgment

Attorney’s Process and Investigation Services v. Sac and Fox Tribe — Case Reopened

This case arises out of alleged tortious nonmember conduct during the leadership dispute at Meskawki a few years back. In 2005, the Northern District of Iowa applied the tribal court exhaustion doctrine as justification for staying the case (nov-2005-dct-order). The tribal court’s processes have run (motion-to-reopen-case [includes tribal court decision]), and now the case has been reopened (dct-order-reopening-case).

This will be a very interesting application of the Montana test, if the court reaches the merits.

Dollar General v. Mississippi Band of Choctaw Indians — Tribal Court Jurisdiction — Updated

The Southern District of Mississippi granted a TRO against the tribal court in a case brought by tribal members against the owner of a Dollar General on tribal trust land. How this case doesn’t meet the Montana 1 test is beyond me.

Here are the materials:

dolgen-v-miss-band-tribal-court-dct-order

Miss Band Choctaw SCT Opinion

dollar-general-motion-for-tro

townsend-motion-for-tro

mississippi-band-response

dollar-general-reply-brief

ABA Business Journal on Plains Commerce Bank

Here is a short article advising farm lenders on the outcome of Plains Commerce Bank, authored by Greg Taylor — taylor-on-farming-lenders-in-indian-country

Here is the summary:

The Supreme Court’s 5-4 decision last term in Plains Commerce Bank v. Long Family Land and Cattle Co. was controversial in the sense that the Court was called upon to address two highly-charged legal issues: (1) tribal sovereignty and the ability to control matters that affect their lands and the treatment of its citizens, and, (2) the terms and conditions under which non-Indian banks and other businesses may be expected to resolve disputes arising from their dealings on the reservation. The majority opinion, written by Chief Justice Roberts, overturned a decision by the Eighth Circuit that held that a tribal court may entertain a discrimination claim over a non-tribe member who regularly conducts business on the reservation. In reaching its decision, the Court focused on the status of the ownership of the land in question. The Native American community was understandably disappointed by the result; there had been hopes that the case would provide an opportunity for the Supreme Court to reconsider its views on tribal sovereignty.

Federal Court Rejects Tribal Court Jurisdiction under VAWA

The Western District of Washington rejected a claim that the Violence Against Women Act confers tribal court jurisdiction over personal protection orders issued against non-Indians. In this case, Martinez v. Martinez, the Suquamish Tribal Court had issued a PPO against a non-Indian man in favor of an Alaskan Native woman. They both lived on non-Indian-owned land on the Port Madison Reservation. The court also ruled that the tribal court exhaustion doctrine does not apply in this case.

Here are the materials:

defendant-martinez-motion-to-dismiss

suquamish-tribe-motion-to-dismiss

plaintiff-martinez-response-to-motions

defendant-martinez-reply-brief

suquamish-tribe-reply-brief

dct-order-rejecting-tribal-court-jurisdiction

Coverage of GTB Compensation Committee Lawsuit

From the Record-Eagle:

PESHAWBESTOWN — Tribal officials with the Grand Traverse Band of Ottawa and Chippewa Indians are caught up in another lawsuit.

Members of the band’s compensation committee filed suit in tribal court alleging former tribal Chairman Robert Kewaygoshkum inappropriately raised council members’ salaries.

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Derek Bailey Sworn in as New GTB Chairman

From the Leelanau Enterprise:

Derek Bailey sworn in as new GTB chairman.DEREK BAILEY  at last week's swearing-in ceremony.DEREK BAILEY at last week’s swearing-in ceremony.

Clutching an eagle fan believed to give a leader the courage to “speak in a good way,” the youngest tribal chairman in the history of the Grand Traverse Band of Ottawa and Chippewa Indians stepped up to the podium on stage at the Leelanau Sands Casino Showroom Thursday afternoon immediately after being sworn in.

“This is a very emotional, powerful moment not only for me but for our entire nation,” said 36-year-old Derek Bailey.  He explained that the sacred feathers were loaned to him by his uncle, Deuce Miller.
Bailey acknowledged how long and difficult the 2008 tribal election process had been.

“To those who did not support me in the election,” Bailey said, “I will work hard to meet your needs and expectations.”

In 1980, when the tribe was finally recognized as a sovereign nation by the U.S. government, membership was around 400.  Tribal membership now exceeds 4,000.

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