Tulalip Tribes – Page 7

Here are the materials, which involved an effort by a state criminal defendant arrested on Tulalip Tribes territory to subpoena tribal records (the Tribes appeared to have argued they had no relevant records):

State v. Youde, Order Quashing Subpoena

Youde Memorandum of Authorities 092711

second Response to Objection to SDT

Schakel Declaration re Youde case 092611

091104Snohomish County & Tulalip Agreement

Tribal Law and Order Commission Invite to Consultation at Tulalip (Sept. 7, 2011)

September 2, 2011Matthew L.M. Fletcher

Here is the invite (to tribal leaders and experts):

Invite LETTER

Washington Tribes’ Challenge to Wash. Water Statute Fails

October 29, 2010Matthew L.M. Fletcher

Here is the opinion in Lummi Indian Tribe v. State of Washington (Wash. S. Ct.).

An excerpt:

In 1998, this court held that under then-existing law, new private water rights did not fully vest until the water was put to a beneficial use, and not merely when the “pumps and pipes” capacity to use the water was built. Dep’t of Ecology v. Theodoratus, 135 Wn.2d 582, 586, 957 P.2d 1241 (1998). We cautioned then that we were not considering municipal water rights, which often receive separate treatment in water law. Id. at 594. In response to our opinion, the legislature amended the municipal water law, Second Engrossed Second Substitute H.B. 1338, 58th Leg., Reg. Sess. (Wash. 2003) (SESSHB 1338), to, among other things, explicitly define certain nongovernmental water suppliers as municipal and to make that definition retroactive. We are now asked whether these amendments violate separation of powers or facially violate due process. We conclude they do not. We reverse in part and affirm in part.

Suquamish Tribe Files Cert Petition in U.S. v. Washington Dispute

July 8, 2010Matthew L.M. Fletcher1 Comment

Here is the petition in Suquamish Tribe v. Upper Skagit Tribe: Suquamish Cert Petition.

Here is the question presented:

Whether a court implementing an unambiguous court order is bound to apply that order according to its plain terms, or whether the court should instead determine whether the judge who initially issued the order “intended something other than its apparent meaning,” as the Ninth Circuit held in this case.

Lower court materials here.

“Who Is Tracie Stevens?”

June 14, 2010Matthew L.M. Fletcher

From AllGov, via Pechanga:

If confirmed as chair of the National Indian Gaming Commission, Tracie Stevens would become the first woman to lead the oversight body for the $27 billion Indian gaming industry.

A member of the Tulalip Tribes in Washington State, Stevens was born in Los Angeles, but returned to Tulalip as a child. In 1985, she became the first member of her immediate family to graduate high school, which she did in Yakima, Washington, in 1985. She began her professional career in the gaming industry in 1995 at her tribe’s casino (Quil Ceda Creek Casino), located north of Seattle. There, she worked in human resource management, employee recruitment and training, and operations planning and analysis, before becoming the Tulalip Casino’s executive director for strategic planning in 2001.

In 2003, she became a legislative policy analyst in the tribe’s government affairs office. She represented the Tulalips in negotiations to update gambling compacts between the state of Washington and all federally-recognized tribes in the state. She also lobbied state lawmakers on tribe-related bills, including a controversial measure in 2005 to allow the Tulalips to retain millions in sales tax revenue collected at Quil Ceda Village. The bill did not pass.

In 2006, Stevens was elevated to senior policy analyst, a position she held until 2009. Also in 2006, Stevens received a Bachelor of Arts degree in social sciences from the University of Washington-Seattle, an accomplishment that took many years, as she had to attend night school while working.

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Race Discrimination Complaint against Tulalip Resort Casino Dismissed

April 29, 2010Matthew L.M. Fletcher1 Comment

Apparently, this is the fifth suit brought by this particular plaintiff, and the third one in federal court. The case is Parks v. Tulalip Resort Casino (W.D. Wash.). Our earlier post on the first case is here.

Here are the materials:

DCT Order Dismissing Parks Third Federal Suit

Tulalip Motion to Dismiss

Parks’ Response

Tulalip Reply