Washington Court of Appeals – Page 5

Swinomish Prevails in Washington COA Challenge to State Dept. of Ecology in Matter Affecting Treaty Rights

October 3, 2013October 3, 2013Matthew L.M. Fletcher1 Comment

Here is the opinion in Swinomish Indian Tribal Community v. Washington Dept. of Ecology (PDF).

An excerpt:

This case involves the validity of an amended rule from the Department of Ecology (Ecology) that reserves water from the Skagit River system for future year-round out-of-stream uses, despite the fact that in times of low stream flows these uses will impair established minimum instream flows necessary for fish, wildlife, recreation, navigation, scenic and aesthetic values. Ecology relies on RCW 90.54.020(3)(a) for authority to make the reservations of water despite the existing minimum flows. This statutory provision allows impairment of stream base flows when overriding considerations of public interest are served. The Swinomish Indian Tribal Community (Tribe) petitioned for review in superior court, challenging the validity of Ecology’s amended rule reserving the water.

Available briefs here:

Washington COA Briefs in Trust Assets Appeal

August 23, 2013Matthew L.M. Fletcher1 Comment

Here are the briefs in First Citizens Bank & Trust Company v. Harrison (Wash. Ct. App.):

From the reply brief:

Whether the trial court erred by ruling 25 USC § 410 exempts Indian trust income located in the Banner Bank and Fife Commercial Bank accounts from garnishment.

Nooksack Petition for Review in Sovereign Immunity Appeal

August 5, 2013Matthew L.M. Fletcher2 Comments

Here are the materials in the petition stage of Outsource Services Management LLC v. Nooksack Business Corp.:

Nooksack Petition for Review + Appendix

Answer to Petition for Review

Lower court materials here.

Washington Supreme Court Affirms State Authority to Search Tribal Trust Lands for Criminal Violations

July 25, 2013July 25, 2013Matthew L.M. Fletcher

Here is the opinion in State v. Clark. State v Clark (PDF)

Briefs and other materials here.

Washington COA Decision Involving Tribal Immunity from State Criminal Subpoenas

May 22, 2013Matthew L.M. Fletcher

Here is the opinion in State v. Youde:

Washington COA Opinion

An excerpt:

This case involves a prosecution for delivery of marijuana. The investigating agency was the police department of the Tulalip Tribes. The Tribes asserted sovereign immunity in response to a defense subpoena for information the Tribes deemed immaterial. Recognizing that a sovereign entity is not subject to compulsory process, the superior court quashed the subpoena. The court then granted the defendant’s motion to dismiss the prosecution under CrR 8.3(b). The State appeals the dismissal. We hold the court abused its discretion by dismissing the case without first determining whether the subpoenaed information was material. Because the record does not support a finding of materiality, we reverse the order of dismissal.

Briefs are here: