We exercise jurisdiction pursuant to the Grand Ronde Tribe enrollment ordinance.. and WE REVERSE
and.... BOOM: "In light of the undisputed facts regarding the 27 year unreasonable delay in the tribe bringing this action and the reasonably anticipated prejudice and harm that petitioners would suffer if the tribe were allowed to proceed with this disenrollment action we hold that laches prevents the tribe and enrollment committee/board from so proceeding," Robert J. Miller, a member of the Eastern Shawnee Tribe who serves as chief justice of the Grand Ronde appeals court, wrote in the 22-page opinion..."
The Appeals court Decision is HERE
Read MORE about the Grand Ronde Disenrollments at these LINKS:
Grand Ronde Disenrollment: Loss of Heritage
Grand Ronde Indian Removals
Appeals Court will hear Disenrollment Case
We MUST keep the pressure on tribes and their courts to PROVIDE JUSTICE for Native Americans harmed by their tribes.
"We hold that laches prevent the tribe and enrollment committee from so proceeding." This is because 27 years elapsed without any dispute over enrollment. The legal doctrine of laches is similar to that of a statute of limitations, and refers to a legal right or claim that cannot be enforced or allowed if a long delay in asserting the right or claim has prejudiced the adverse party.
ReplyDeleteNow take a look a the Pala disenrollments. The AS-IA Final Decision was issued in 1989. The disenrollment actions began in 2011. Therefore over 20 years elapsed during which these individuals were recognized as members, and that the the Band and/or Enrollment Committee failed to appeal the decision. Nor did the Enrollment Committee dispute the Final Decision before the Band's General Council and seek to overturn the BIA decision.
If Pala had a Tribal Court instead of a bunch of corrupt kangaroos acting as so called judges there might have been recourse for the disenrollees. Instead the Pala EC steered appeals to the BIA Regional Director and limited the power of the RD to a recommendation.
Congratulations to the Grande Ronde Tribe and the success of its legal process. There are many tribes, bands and groups that could learn from this decision.