Tag Archives: North Dakota Supreme Court

North Dakota SCT Issues Tribal Court Jurisdiction Decision

Here is the opinion in Gustafson v. Poitra. Briefs: appellant brief appellee brief

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , ,

North Dakota SCT Asserts Concurrent Jurisdiction over Nonmember Indian Child Support Orders

Here is the opinion in State v. Peltier. Briefs: peltier brief state brief

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , ,

North Dakota SCT Rejects State Criminal Jurisdiction over Nonmember Indians

Here are the materials in Olson v. North Dakota Dept. of Transportation: Appellant Brief Appellee Brief Opinion Reply

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , ,

North Dakota ICWA Case on Qualified Expert Witness

Here: Interest of K.S.D. and J.S.D., 2017 ND 289 The lack of qualified expert testimony on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , ,

North Dakota SCT Declines to Terminate the Special Provision of Legal Services Order

Here is the court’s order in In the Matter of a Petition to Terminate the Special Provision of Legal Services by Qualified Attorneys From Outside North Dakota: 20160436_op_Petition to Terminate Special Provision of Legal Services Prior post here.

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , ,

Request from WPLC Regarding N.D. Petition to Rescind Special Provision

Dear Law School faculty: I am an attorney associated with the Water Protectors Legal Collective (WPLC), the legal assistance project which has been assisting the Standing Rock Tribe and its supporters protesting the Dakota Access Pipeline in North Dakota.  I’m … Continue reading

Posted in Author: Sarah Donnelly, News | Tagged , ,

“ND Judges Trying to End Program Allowing Out-of-State Lawyer to Represent Water Protectors” UPDATE: Notice of Comment – Petition to Terminate the Special Provision of Legal Services

From Democracy Now, here. Update with Notice of Comment (docs here, too) 20160436_O2 20160436_ptf2

Posted in Author: Matthew L.M. Fletcher, News | Tagged , | 1 Comment

North Dakota SCT Awards Attorney Fees to Defendants in Indian Country Tort Claim Brought in State Court

Here is the opinion in Tillich v. Bruce. An excerpt: Don Bruce, Vinier Davis, and Linda Davis (“Defendants”) appeal from a judgment granting their motion to dismiss and denying their request for attorney fees. We reverse the district court’s denial … Continue reading

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

Order from North Dakota Supreme Court Regarding Out of State Lawyers

Here. This order is issued after receiving more than 16,000 comments on the proposed temporary rule, which was in response to the large number of arrests during the DAPL protests late last year (and which are ongoing–law enforcement clashed with … Continue reading

Posted in Author: Kate E. Fort, Environmental | Tagged , , , | 1 Comment

Indian Law Firms’ Letter to N.D. Supreme Court Re DAPL Arrestees’ Right to Counsel

Downloads(PDF): 12.29.2016 – Comment Letter re Emergency Petition – Misc Attorneys an Firms across country, APB Co Comment Letter North Dakota Supreme Court December 2016 Link: “Debate generated by petition for expanded legal representation” by Caroline Grueskin from the Bismarck Tribune, Previous … Continue reading

Posted in Author: Sarah Donnelly, News | Tagged , , , ,