Tuesday, March 8, 2016

Tribe to Nooksack 306: You don't get no STINKIN' Equal Protection Rights

In our disenrollment, the tribe refused to allow us attorney representation in either our meetings with the disenrollment committee, nor in our appeal.  Hey, as long as our Congress, keeps letting corruption run amok, why not see how far you can take it?

Apparently, WHIPPING THEIR ASSES in court, goes against what the Nooksack tribe determines as, "reflecting poorly on the proper administration of justice".

From TURTLE TALK:

Whenever the Tribal Council becomes aware that any advocate’s behavior and/or practices reflect so poorly upon the proper administration of justice before the Nooksack Tribal Court of the Nooksack Indian Tribe, the Tribal Council may revoke any privileges provided to such person(s) and bar them from further practice in any administrative tribunal before the Nooksack Indian Tribe or proceeding before the Nooksack Tribal Court. Tribal Council may hold such hearings as necessary to ensure that such behavior and/or practices are proven; or, as may be necessary to correct such past behavior and/or practices.

In the judicial order above, the court described 16-28:

On the same date, February 24, 2016, the Nooksack Tribal Council enacted Resolution #16-28, barring Gabriel Galanda and other attorneys in the Galanda Broadman law firm from practicing in the Nooksack Tribal Court and from engaging in business on Nooksack Tribal lands.

The court ordered the tribal defendants to produce an affidavit describing the process offered the Galanda firm before issuing 16-28, on the theory that the Indian Civil Rights Act requires at least some process.

See here:  https://turtletalk.files.wordpress.com/2016/03/belmont-v-kelly-fourth-declaration-of-michelle-roberts.pdf

6 comments:

Anonymous said...

As a tribal member, it is quite frustrating. The council is speaking on behalf of tribal members that no longer support, nor have supported their actions since the last election. In all fairness, if the council believes so strongly that they are making appropriate decisions on behalf of the tribe, let the tribal members speak through an election process. If they truly believe that they have the support of tribal members, "306" voters should not have a significant weighting on the election decision. Actions such as those outlined in this article are inappropriate and the reason most will not speak out. Let your community speak and hold the current elections and let your community speak. The leadership within the current council has proven they do not have the experience nor political savvy to be in position. I am leaving this comment as anonymous as the current leadership can not be trusted not to retaliate per previous actions that have been taken against many tribal members outside of the 306.

Anonymous said...

Why let the 306 vote if they are going to be disenrolled shortly? Let them taint an election, because they still to this day have not met the criteria for membership, per the Nooksack constitution. The Majority of Nooksack support the work of the "Kelly Faction's efforts to correct this erroneus enrollment".

H. Caufield said...

If mass disenrollment has nothing to do with casino generated per capita why then was it not practiced prior to the existence of such?

Anonymous said...

Why let the 306 vote if they are going to be disenrolled shortly? Let them taint an election, because they still to this day have not met the criteria for membership, per the Nooksack constitution. The Majority of Nooksack support the work of the "Kelly Faction's efforts to correct this erroneus enrollment".


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I would have to disagree with your comment. Tribal members as a whole are feeling threatened to speak out. Obviously you are too as you are "anonymous" as I am. The actions even outside of the disenrollment are questionable. Use of inappropriate resources, inappropriate use of power, intimidation etc. The Kelly Faction is headed by a person with a documented past of beating women and abuse. This is not a statement, it is a fact. He continues the abuse and the tribe is allowing the abuse to the community. I am hopeful that an election will prevail.... let the community speak

OPechanga said...

Why let the 306 vote if they are going to be disenrolled shortly?

If you gave a two week notice to leave your work, should the EMPLOYER have to pay you for the two weeks if you are going to leave anyway?



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