Category Archives: tribal election

Massive NYTs Magazine Article on Nooksack Disenrollments

Here is “Who Decides Who Counts as Native American? Four years ago, the Nooksack in Washington State announced that they were expelling hundreds of members, setting off a bitter debate over tribal identity.”

Posted in Author: Matthew L.M. Fletcher, News, Tribal Codes, tribal constitutions, tribal courts, tribal election, tribal membership | Tagged , | Leave a comment

Nooksack Update: Interior Threatens Reassumption; State Court Asserts PL 280 Jurisdiction

Downloads(PDF): 12-9-16 Letter from HUD Director to Robert Kelly, Jr. 12-13-16 Letter from Director Mary Smith to Robert Kelly, Jr 12-21-16 State Superior Court Order Granting Motion for Temporary Restraining Order 12-22-16 Tribal Court Order Following Show Cause Hearing 12-23-16 … Continue reading

Posted in Author: Sarah Donnelly, Research, tribal election, tribal membership | Tagged , , , , , , , , , | Leave a comment

Federal Court Rejects ICRA Habeas Effort to Avoid Paying Tribal Court Costs (after a failed election dispute)

Here are the materials in Scudero v. Moran (D. Alaska): 17-motion-to-dismiss 18-response 23-reply 24-second-response 27-second-reply 29-order

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts, tribal election | Tagged , , , , | Leave a comment

Nooksack Begins Disenrollee Evictions

Downloads (PDF): Order Allowing Entry, Order of Eviction and Writ of Restitution Rejected Answer to Complaint for Unlawful Detainer (pro se answer also rejected) Rejected Notice of Appearance Complaint for Unlawful Detainer Links: Rejected motion, Complaint, Nooksack posts

Posted in Author: Sarah Donnelly, Research, tribal election, tribal membership | Tagged , , , , , , | Leave a comment

Nooksack Update — Disenrollment Reconsideration; Kelly Letter to BIA; Whatcom County Materials

Here are the reconsideration materials: Omnibus Written Disenrollment Reconsideration Request Nooksack Disenrollee TANF Denial Letter Nooksack Disenrollee Declaration re TANF Denial Nooksack Disenrollee Declaration re Medical Presciption Denial Nooksack Disenrollee Declaration re Elder Health Care Denial Nooksack Disenrollee Declaration re … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts, tribal election, tribal membership | Tagged , , | Leave a comment

Federal Court Declines to Stay Enforcement of BIA Ruling in Calif. Miwok Membership/Leadership Dispute

Here are the materials in California Miwok Tribe v. Jewell (E.D. Cal.): 10 Motion to Stay 20 Tribe Opposition 33 Reply to 20 34 US Opposition 35 Reply to 34 37 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, tribal election, tribal membership | Tagged , , , | Leave a comment

Federal Court Denies Motion for TRO in Kiowa Election Matter

Here are the materials in Daugomah v. Roberts (W.D. Okla.): 4-motion-for-tro 14-response 18-reply 19-dct-order-denying-tro

Posted in Author: Matthew L.M. Fletcher, Research, tribal election, Uncategorized | Tagged , , , | Leave a comment

Federal Suit to Challenge Secretarial Election

Here is the complaint in Daugomah v. Roberts (W.D. Okla.): 2016-09-08-complaint

Posted in Author: Matthew L.M. Fletcher, Research, tribal election, trust relationship | Tagged , , , | 1 Comment

Ninth Circuit Dismisses Challenge to Native Hawaiian Governmental Elections as Moot

Here is the opinion in Akina v. State of Hawai’i. An excerpt: These appeals concern recent efforts by a group of Native Hawaiians to establish their own government. The plaintiffs are Hawaii residents who challenge that process. They appeal the … Continue reading

Posted in Author: Matthew L.M. Fletcher, tribal constitutions, tribal election | Tagged , , | Leave a comment

Article, “The Timbisha Decision – A Familiar Story and Dangerous Precedent”

Christopher Foley, attorney at The Indian Law Resource Center, has published an article criticizing the most recent court decision in the Death Valley Timbisha Shoshone case. Link to article here From the article: The Death Valley Timbisha Shoshone Tribe was … Continue reading

Posted in Author: Victoria Sweet, Bureau of Indian Affairs, tribal constitutions, tribal election | Tagged , , | 2 Comments