Law

People say California tribal courts are unfair

People who sue tribes in California say the tribal court systems are unfair because they are stacked against outsiders.

Nellie Lawrence, 93, sued the Barona Band of Mission Indians after she was knocked down by a man at the tribe's casino. But her lawyer says the process wasn't fair because the tribal council acted as the court and the tribe's lawyer led the case.

"If Nellie Lawrence were deciding her own case, how fair would that be?" attorney Bonnie Kane told The San Diego Union-Tribune.

Kathryn Clenney, the tribe's lawyer, said she has heard fewer than 10 cases in which the tribe has been sued by outsiders. Some decisions went against the tribe, some were settled and others were dismissed, she said.

When non-Indians try to take their grievances to the state or federal courts, they usually don't get very far. The cases are often thrown out due to tribal sovereign immunity.

Get the Story:
Tribal justice not always fair, critics contend (The San Diego Union-Tribune 12/17)'

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