Washington Gov. Inslee to Select New State Supreme Court Justice at 11 AM Pacific Time [It’s Judge Raquel Lewis-Montoya]

Here is the link.

Congrats to Justice Montoya-Lewis!

Justice Montoya-Lewis was appointed to the state bench first in 2014.

 

Washington SCT Amends Tribal Court Jurisdiction Court Order 82.5

Here is the order. The amendment:

(d) Communication Between Superior Court of Any County of this State and Indian Tribal Court.

(1) A superior court of any county of this state may communicate with any Indian tribal court concerning co-occurring proceedings, whether they are active or have been concluded. The parties shall provide to the respective courts the identity, contact information, and a case or docket number of the other court’s proceedings to facilitate this communication.

(2) The superior court may allow the parties to participate in the communication. If the parties are not able or allowed to participate in the communication, they shall be given an opportunity to present facts and legal arguments in writing before a decision is made regarding the communication, or the subject of communication, by the superior court. The Indian tribal court‘s procedures and customs shall determine the parties’ participation in the Indian tribal court proceedings.

(3) The superior court shall make a record of a communication made pursuant to this section. The parties shall be informed promptly of the communication by the superior court and granted access to the record. The Indian tribal court‘s procedures shall determine whether and how a record is made in Indian tribal court proceedings, and whether and how parties may be informed of the communication or granted access to a record of the communication.

(4) Except as otherwise provided in subsection (3) of this section, communication between the superior court and the Indian tribal court regarding scheduling, administrative or emergency purposes, and similar matters may occur without informing the parties. The superior court need not make a record of the communication under this section. The Indian tribal court‘s procedures shall determine whether and how a record is made in Indian tribal court proceedings of such communication.

(5) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(6) The superior court shall follow the procedures set forth in subsection (3) of this section when communicating regarding adult criminal matters, except as otherwise authorized by law. The Indian tribal court‘s procedures shall determine the requirements for communication regarding adult criminal matters in Indian tribal court proceedings. Superior courts and Indian tribal courts may communicate about the orders prohibiting contact as set forth in subsections (1) – (5) above.

Split SCOTUS Affirms Cougar Den (5-4, no majority opinion)

Here is the opinion.

Materials are here.

High Country News Profile of Cougar Den Case

Here.

Oral Argument Transcript in Cougar Den Case

Here.

Briefs and other materials here.

Washington State Supreme Court Upholds Charter Schools (Tribal-State Compact Schools)

Here are the materials in El Centro De La Raza v. State of Washington:

Superior Court Summary Judgment Order

Supreme Court Opinion

Wa he lut Indian School Amicus Brief

Background Materials in Washington State Department of Licensing v. Cougar Den, Inc.

Supreme Court

–Merits Stage

Joint Appendix

Petitioner’s Brief

SG Brief

Respondent’s Brief

Sacred Ground Legal Services Amicus Brief

Yakama Nation Amicus Brief

Nez Perce Tribe Amicus Brief

NCAI Amicus Brief

Reply Brief

–Cert Stage

Cert Petition

Cougar Den Cert Opp

Reply

SG Brief

supplemental brief for respondent in response to brief of us solicitor general

Washington Supreme Court

Here is the opinion in Cougar Den Inc. v. Washington State Dept. of Licensing.

Briefs:

92289-6 Appellant’s Opening Brief

92289-6 Appellant’s Reply

92289-6 Appellant’s Response to Amicus Brief

92289-6 Respondent’s Brief

92289-6 Yakama Nation Amicus Brief

Washington State Adopts ICWA Pro Hac Rule!

Order here.

Effective September 1!

ICWA Pro Hac page here.

SCOTUS Vacates Washington SCT Decision in Upper Skagit Tribe v. Lundgren

Here is the opinion.

From Justice Gorsuch’s opinion:

Like some courts before it, the Washington Supreme Court read Yakima as distinguishing in rem from in personam lawsuits and “establish[ing] the princi­ple that . . . courts have subject matter jurisdiction over in rem proceedings in certain situations where claims of sovereign immunity are asserted.” 187 Wash. 2d, at 868, 389 P. 3d, at 574.

That was error. Yakima did not address the scope of tribal sovereign immunity. Instead, it involved only a much more prosaic question of statutory interpretation concerning the Indian General Allotment Act of 1887. See 24 Stat. 388.

***

We leave it to the Washington Supreme Court to address these arguments in the first instance. Although we have discretion to affirm on any ground supported by the law and the record that will not expand the relief granted below, Thigpen v. Roberts, 468 U. S. 27, 30 (1984), in this case we think restraint is the best use of discretion. Determining the limits on the sovereign immunity held by Indian tribes is a grave question; the answer will affect all tribes, not just the one before us; and the alternative argument for affirmance did not emerge until late in this case. In fact, it appeared only when the United States filed an amicus brief in this case—after briefing on certiorari, after the Tribe filed its opening brief, and after the Tribe’s other amici had their say. This Court has often declined to take a “first view” of questions that make their appearance in this posture, and we think that course the wise one today. Cutter v. Wilkinson, 544 U. S. 709, 718, n. 7 (2005).

Background materials here.