BIA Refuses to Recognize Disenrollment Referendum Election by Holdover Council

Here are the materials:

Gabriel Galanda Response to Katherine Canete Letter

Letter from Katherine Canete to Gabriel Galanda Re Resolution 16-149 and Order Vacating Court of Appeals Orders as Void

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Declaration of Bree R. Black Horse in Support of Opposition of Motion to Vacate

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Petitioners’ Response to Tribe’s Motion to Vacate Order Domesticating Foreign Judgment

Letter from Lawrence Roberts to Chairman Kelly

Turtle Talk Poll Results — Nooksack Disenrollments

Few Turtle Talk readers support disenrolling the so-called Nooksack 306. The vast majority of TT readers think Nooksack should hold elections before disenrollments. There is a wide variety of opinions on which forum should resolve the disputes.

 

Question: Should the Nooksack 306 Be Disenrolled?

COUNT  PERCENT

Yes

12 4.44%

No

202 74.81%

Don’t Know

56 20.74%

Question: Should the Nooksack Tribe Hold Elections Before Proceeding with Disenrollments?

COUNT  PERCENT

Yes

212 85.48%

No

25 10.08%

Don’t Know

11 4.44%

Question: Which forum is the best place to resolve litigation arising from this dispute?

COUNT  PERCENT

Nooksack tribal council (incl. Nooksack Supreme Court)

14 5.45%

Nooksack tribal judiciary

89 34.63%

Bureau of Indian Affairs

51 19.84%

Federal or state courts

80 31.13%

International forums

7 2.72%

Other

16 6.23%

Turtle Talk Poll — Nooksack Disenrollments

If you’ve been following Turtle Talk for the past few years, you must have noticed the incredible volume of pleadings that have been filed in tribal, federal, and state courts in the litigation involving the so-called Nooksack 306. We at TT have largely stayed away from commenting on that internal tribal political dispute, preferring instead to serve merely as a space for the parties on both sides to make their pleadings and materials available online. They speak for themselves.

The events at Nooksack are really quite dramatic, and ongoing. The Nooksack tribe has cancelled elections (last election in 2014) and apparently operates today through some form of a holdover council, “disbarred” attorneys for the proposed disenrollees from practice in tribal courts, refused to allow parties from filing pleadings in tribal court, fired (or constructively fired) a tribal judge, been subject to contempt orders from its appellate court, sued the appellate court administrators for breach of contract, tried to create a tribal supreme court to vacate the appellate court orders, and drew a letter from the BIA saying the federal government will not recognize official actions of the holdover council. There’s more but . . . Whew!

Time for a Turtle Talk poll!!!! [results tomorrow . . . .]

 

 

 

 

Nooksack Update

Kelly v. Kelly (Nooksack Tr. Ct.):

Kelly v. Kelly Rejected Second Amended Complaint

Belmont v. Kelly (Nooksack Ct. App.):

Rejected Declarations Re Nooksack Member Voting Rights

Nooksack Indian Tribe v. NICS (Nooksack Tr. Ct.):

Response to Order to Show Cause

Declaration of of Daniel Kamkoff in Response to Order to Show Cause

Administrative Disenrollment Matter (Nooksack Tr. Council):

Omnibus Written Response of Nooksack Tribal Members Proposed for Disenrollment

 

Ninth Circuit Again Rules Against San Pasqual Disenrollees

Here is the unpublished order in Alto v. Jewell.

Briefs here.

St. Croix Ojibwe Enrollment Matter

Here is the opinion in Stoplman v. St. Croix Chippewa Indians of Wisconsin Tribal Council (St. Croix Tribal Court):

ST CROIX TRIBAL ENROLLMENT DECISION

News coverage here: “Judge orders reinstatement of St. Croix Tribe members.”

Nooksack Court of Appeals Holds Tribal Police Chief in Contempt

Here is the order:

In re Gabriel Galanda v Nooksack Tribal Court Second Order on Motion to Enforce Contempt Order

Update on Nooksack Disenrollments: Tribal Court Now Rejects Pleadings from Tribal Members

Here are new pleadings (stamped rejected) in Belmont v. Kelly (Nooksack Tribal Court):

Belmont (Roberts) v Kelly REJECTED Motion to Expand Injunction

Belmont (Roberts) v. Kelly REJECTED Declaration of Michelle Joan Roberts in Support of Motion to Expand Injunction

Grand Ronde Disenrollees Prevail in Tribal Appellate Court

Here are the materials in Alexander v. Confederated Tribes of the Grand Ronde :

Alexander v. Confederated Tribes of Grand Ronde Opinion

Alexander v. Confederated Tribes of Grand Ronde Opening Brief

Alexander v. Confederated Tribes of Grand Ronde Appellees’ Brief

Alexander v. Confederated Tribes of Grand Ronde Petitioners’ Reply Brief

En Banc Petition in Pala Band Disenrollment Appeal (Aguayo v. Jewell)

Here:

ECF AGUAYO PETITION REHEARING

2012 BAND WEBSITE

BIA LUCERO DEC

ECF filed Req for Judicial Notice 09.23.2015

FREEMAN DEC

Panel materials here.