tribal court

Supreme Court Grants Cert in Dollar General

Kate Fort2 Comments

Despite the SG’s brief recommending otherwise–order list here.

Previous coverage here.

From the original cert petition by Dollar General:

In this case, a divided panel of the Fifth Circuit held that tribal courts do have that jurisdiction. Five judges dissented from the denial of rehearing en banc. The case accordingly presents the issue the Court left open in Hicks and the Question the Court granted certiorari to decide in Plains Commerce:

Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct of nonmembers who enter into consensual relationships with a tribe or its members?

State of Nebraska v. Parker Cert Petition

Matthew L.M. Fletcher2 Comments

Here:

State of Nebraska v Parker cert petition

Questions presented:

In Solem v. Bartlett, the Court articulated a three-part analysis designed to evaluate whether a surplus land act may have resulted in a diminishment of a federal Indian reservation. See 465 U.S. 463, 470-72 (1984). The Court found that the “statutory language used to open the Indian lands,” “events surrounding the passage of a surplus land Act,” and “events that occurred after the passage of a surplus land Act” are all relevant to determining whether diminishment has occurred.

The questions presented by the petition are:

1. Whether ambiguous evidence concerning the first two Solem factors necessarily forecloses any possibility that diminishment could be found on a de facto basis.

2. Whether the original boundaries of the Omaha Indian Reservation were diminished following passage of the Act of August 7, 1882.

Lower court materials here.

Dollar General Response Brief to SG’s Invitation Brief

Matthew L.M. Fletcher

Here:

13-1496 Petr Supp Brief

SG Invitation brief here.

Cert stage briefs here.

SG’s Invitation Brief Opposing Dollar General Cert Petition

Matthew L.M. Fletcher2 Comments

Here:

13-1496 Dollar General CVSG

Cert stage briefs are here.

Congrats to Jeremy Brave-Heart, New Klamath Chief Judge

Matthew L.M. Fletcher

Here is “Tribal chief judge sworn in — Judge Jeremy Brave-Heart travels monthly to Chiloquin court.”

Izhaadaa giizhigowande!

Nez Perce Tribe Seeks Chief Judge

Matthew L.M. Fletcher

The Nez Perce Tribe Department of Law & Justice is recruiting for: CHIEF JUDGE HR-15-122 This position requires a wide range of legal, administrative, management and budgetary skills. The Chief Judge presides over the Tribal Court, and hears, or assigns to other Tribal Court Associate and Pro-Tem judges, all cases heard in the Tribal Court. The Chief Judge handles all phases of civil and criminal litigation, drafts orders, opinions, memoranda and other legal documents, and fulfills all other duties required of the Chief Judge to assure an effective and fair Tribal Court. In addition, the Chief Judge supervises Associate Judges, and the Court Administrator/Chief Clerk. Requires three (3) years’ experience as a judge, tribal court judicial experience preferred. More than five (5) years of tribal court Chief Judge experience and evidence of success in court administration, court staff supervision and court budget development is preferred. Applicants must demonstrate that they have a thorough knowledge of Indian law, the Nez Perce Tribal Code, and applicable federal law, including but not limited to the Tribal Law and Order Act and Violence Against Women Act. Must have a Juris Doctorate from an accredited law school and must be a member in good standing of a state bar. Please list contact information of at least four (4) work-related references, two of whom must be judges. Pre-employment drug testing required. Applicant must possess a valid driver’s license with the ability to be insured under the Tribe’s policy. This position closes open until filled. (Grade 28)

To apply: Recruitments for Entry Level Positions (Grade 15 and below) will require a completed Tribal application only. Recruitments for Professional Positions (Grade 16 and above) will require a completed Tribal application and resume. Please submit one application per position:

Nez Perce Tribe Human Resources Office
ATTN: Job Name & No.
P.O. Box 365
Lapwai, Idaho, 83540

Phone (208) 843-7332 Fax (208) 843-7414 LATE OR INCOMPLETE APPLICATION PACKETS WILL NOT BE CONSIDERED.
Tribal Preference applies. www.nezperce.org  

Native American Telecom (Crow Creek Sioux) Contract Breach Claims against Sprint Allowed to Proceed

Matthew L.M. Fletcher2 Comments

Here are the materials in Sprint Communications Company L.P. v. Crow Creek Sioux Tribal Court (D. S.D.):

182 Sprint Motion to Dismiss

190 Native American Telecom Opposition

196 Sprint Reply

234 DCT Order

We have posted on this case before:

Public Radio Profile of DV Prosecutions at Pascua Yaqui

Matthew L.M. Fletcher

Here.

An excerpt:

FRED URBINA: In 19 of our cases, we had 18 children involved; the average age being around 4 years old. Some of them were assaulted. A lot of times it was the children that were calling to report these domestic violence incidents. 
MORALES: The Justice Department chose the Pascua Yaqui to pilot the program because they have state certified judges and lawyers and a brand new courthouse and jail. Police Chief Michael Valenzuela says the old jail was a two-bedroom house with a cage. 
M. VALENZUELA: In the past, if someone was in jail people could go outside and knock on the window and talk – yeah and they did. We’d have to shoo them away. It was not safe. We had people assaulted. 
MORALES: Now, thanks to federal stimulus money, they have a 65,000-square-foot justice complex. 


Eighth Circuit Rules Omaha Indian Reservation Not Diminished

Matthew L.M. Fletcher3 Comments

Here is the opinion. An excerpt:

Based upon the record evidence, the district court in this matter has done just that–accurately discerned the contemporaneous intent and understanding of the 1882 Act. The court carefully reviewed the relevant legislative history, contemporary historical context, subsequent congressional and administrative references to the reservation, and demographic trends, and did so in such a fashion that any additional analysis would only be unnecessary surplus. Ever mindful to “resolve any ambiguities in favor of the Indians,” there is nothing in this case to overcome the “presumption in favor of the continued existence” of the Omaha Indian Reservation. Yankton Sioux Tribe, 522 U.S. at 344 (quotation omitted); Yankton Sioux Tribe v. Podhradsky, 606 F.3d 985, 991 (8th Cir. 2010) (quotation omitted).

Briefs here.

Lower court materials here.

 

Little Traverse Bay Bands Odawa Court Administrator Posting

Matthew L.M. Fletcher

Here (Court Administrator ad 12-12-2014):

Court Administrator ad 12-12-2014