Tag Archives: treaty fishing

Ninth Circuit Briefs in Skokomish Indian Tribe v. Forsman

Here: Skokomish Opening Brief Forsman Answer Brief Skallam Tribes Amicus Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, treaty rights | Tagged , , , , , | Leave a comment

Skokomish Tribe Effort to Re-Open Its U&A Fishing Territory Fails

Here are the materials in United States v. Washington subproceeding 17-1 (Skokomish Indian Tribe v. Squaxin Island Tribe of the Squaxin Island Reservation) (W.D. Wash.): 1-1 Skokomish Request for Determination 21 S’Klallam Tribes Motion to Dismiss 23 Squaxin Island Motion … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights | Tagged , , , , | Leave a comment

Ninth Circuit Materials in Tulalip v. Suquamish Subproceeding 05-4

Here are the briefs in United States v. Washington (subproceeding 05-4): Tulalip Opening Brief Suquamish Answer Brief Tulalip Reply Oral argument audio and video. Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights | Tagged , , , , , , , , , | 1 Comment

Bill to Clear Treaty Fishing Convictions Heads to Gov. Inslee

Here. American Indian tribal members arrested while exercising their treaty fishing rights before 1975 would get the chance to clear their criminal records under a bill headed to Gov. Jay Inslee’s desk. House Bill 2080 passed the Senate unanimously Wednesday. … Continue reading

Posted in Author: Kate E. Fort, News, treaty rights | Tagged , , | Leave a comment

Federal Court Issues Decision in Challenge to Suquamish Usual and Accustomed Fishing Areas

Here are the materials in United States v. Washington subproceeding 05-4 (W.D. Wash.): 193 Swinomish Motion for Partial Summary J 195 Suquamish Motion 199 Tulalip Motion Subp 05-4 Dkt 242 Order Suquamish-1 Materials on subproceeding 05-3 are here.

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights | Tagged , , , , , , , , , | 1 Comment

Federal Court Filings to Stop State Prosecution of Sault Tribe Members for Treaty Fishing Violations

As usual, Friday is the most exciting time of the week for Indian law events. Here are the materials in the most recent proceedings in United States v. Michigan, an effort to enjoin State v. Jensen in Delta County court … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Michigan Indian, Research, treaty rights, tribal courts | Tagged , , , , , | 1 Comment

News Coverage of Sault Tribal Members’ Illegal Treaty Fishing

From the Daily Press, via Pechanga: MANISTIQUE – The tribal judge who sentenced three members of the Sault Ste. Marie Chippewa Tribe of Indians for violating their fishing rights, described Friday’s hearing as a “sad day” for the tribe. Andrew, … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Michigan Indian, News, treaty rights | Tagged , | Leave a comment

Washington COA Holds State Has No Criminal Jurisdiction over Off-Reservation Treaty Fishing Areas

Here is the opinion in State v. Jim. An excerpt: Lester R. Jim, an enrolled member of the Yakama Nation, appeals a superior court decision reversing the district court’s dismissal of his fishing citations for lack of jurisdiction over the … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, treaty rights | Tagged , , | Leave a comment

Poaching Case to Reach Sault Tribe Tribal Court

From the Escanaba Daily Press vie Pechanga: ESCANABA – Three members of the Sault Ste. Marie Tribe of Chippewa Indians, accused of illegal commercial fishing in Little Bay de Noc in 2009, will appear in tribal court this month, officials … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Michigan Indian, News, treaty rights, tribal courts, Uncategorized | Tagged , , | Leave a comment

Washington Court Reverses Conviction of Non-Indian Who Fished Under Tribal Law

Interesting case. Here is the opinion in State of Washington v. Guidry, a split court (2-1). Here are links to the briefs: Appellant’s Brief Respondent’s Brief Amicus Brief Reply to Amicus Brief An excerpt: Larry Guidry appeals his convictions for … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, treaty rights, Tribal Codes | Tagged , , , , | Leave a comment