The Nooksack Tribe of Washington is trying to remove 306 people from the rolls. Photo from The Nooksack 306 / Facebook
As one Pacific Northwest tribe heeds rulings from its own court system in a disenrollment dispute another is taking judicial activism to a new level. The Nooksack Tribe in Washington created a new Supreme Court and Chairman Bob Kelly is serving as its chief justice, according to an order issued by the entity on October 7. And the other four justices? Those seats are being held by council members. It appears tribal leaders created the new court for the sole purpose oaf interfering in an ongoing disenrollment dispute. According to the October 7 order, Chief Justice Kelly and his fellow jurists are conducting an "expedited" review of the matter. The order, however, obscures the fact that the matter at issue originated from a lawsuit in which Chairman Kelly and other tribal leaders are named as defendants. Instead, it's styled as a review of the Nooksack Court of Appeals. That means Chief Justice Kelly is making a decision on a lawsuit bearing his own name, albeit in a different capacity. "In general, the Nooksack Supreme Court is fake. So are the 'Justices' who comprise it. So are the laws that supposedly established it," the Galanda Broadman law firm, whose attorneys represent the plaintiffs in Belmont v. Kelly, wrote in a letter on Friday to the tribe. The Nooksack 306 sued Chairman Kelly in an attempt to prevent more than 300 people from being disenrolled. With Galanda Broadman's legal assistance, the group has made some headway in the tribe's court system. But the tribal council earlier this year disbarred Galanda Broadman, without advance notice, depriving The Nooksack 306 of their most effective advocate. The council then fired a judge who questioned the move and has refused to abide by rulings from the Nooksack Court of Appeals. Chairman Kelly previously told The Bellingham Herald that the Court of Appeals can't tell tribal leaders what to do. The tribe's executive branch and judicial branches do not operate independently so the court system is already under control of the council. Read More on the Story:
Nooksack Indian Tribe creates Supreme Court, gets restraining order against appeals court (The Bellingham Herald 10/13)
“Step forward, speak strongly” (The Inter County Leader 10/6)
Nooksack appeals court reinstates attorneys in disenrollment case (The Bellingham Herald 9/23)
Join the Conversation
Related Stories:Nooksack Tribe ignores court orders as disenrollment dispute stalls (08/01)
Nooksack Tribe fires elder who spoke out against disenrollment (06/29)
National tribal judge group questions firing in disenrollment case (05/11)
Nooksack Tribe fires judge and loses attorney in disenrollment crisis (05/04)
Washington rally draws attention to tribal disenrollment epidemic (04/18)
Peter d'Errico: Nooksack Tribe fuels bad stereotypes about courts (03/25)
Nooksack Tribe slammed by judge for disbarring lawyer and firm (3/22)
Nooksack Tribe moves to disenroll even more people amid fight (3/17)
Nooksack Tribe interferes with judicial branch and disbars law firm (3/9)
Al Jazeera program focuses on tribal disenrollment controversies (3/4)
Chase Iron Eyes: Real sovereigns don't disenroll their own people (02/10)
National campaign launched to stop tribal disenrollment epidemic (02/09)
Nooksack Tribe loses bid to prevent some from voting in election (01/27)
Gabe Galanda: The tide keeps turning against disenrollment (11/16)
Gabe Galanda: The growing chorus against disenrollments (11/13)
Gabriel Galanda: Banish drug dealers but don't disenroll them (09/08)
Nooksack Tribe disenrollment proceedings placed on hold again (07/14)
Indian attorneys take a stand and denounce tribal disenrollment (04/13)
Judge tells Nooksack Tribe to delay disenrollment proceedings (02/24)
Nooksack Tribe moves forward with disenrollment proceedings (02/10)
Gabe Galanda: The legal consequences of tribal disenrollments (2/3)
Gabe Galanda: Tribes are carrying out the wishes of the colonizer (01/16)
Gabe Galanda: Disenrollments are bankrupting our tribal nations (01/15)
Court tells Nooksack Tribe to stop disenrollment proceedings (06/13)
Nooksack Tribe attempts to resume disenrollment proceedings (6/4)
KUOW: Nooksack Tribe election shows divide on disenrollment (03/18)
Disenrollees of Nooksack Tribe to seek recount after election (3/17)
Opinion: Nooksack Tribe engages in deadly disenrollment trend (3/14)
Opinion: Nooksack Tribe's election affects disenrollment dispute (03/03)
Michelle Roberts: Open letter on Nooksack Tribe disenrollment (2/27)
Nooksack Tribe heads into election amid disenrollment dispute (2/18)
Court puts hold on disenrollments within Nooksack Tribe (01/23)
Michelle Roberts: Nooksack Tribe persecutes its own people (12/17)