Turtle Mountain Tribal Court of Appeals At UND Law School

The Turtle Mountain Tribal Court of Appeals heard two oral arguments and held a question and answer session at the University of North Dakota School of Law on Friday, September 23, 2011.  The Court's visit provided a unique and amazing opportunity to experience firsthand just how federal Indian law intersects with tribal law and furthermore, how tribal courts have to balance tradition with American law on a daily basis.

"The Appellate Court hearing and the question and answer session with the Turtle Mountain Tribal Court was a great experience," said second-year law student Evie Hudson.  "I especially appreciated the conversation initiated by the Justices and tribal attorney.  The dialogue was easy, straightforward, honest and refreshing."

The court heard two oral arguments while on campus.  The first was the case of Davis v. Poitra and Malatarre v. Belcourt School District involving the issue of whether the Turtle Mountain Tribal Court can exercise jurisdiction over a suit brought by a Turtle Mountain member against a state grant school located on the reservation for violation of Indian-preference in employment ordinances enacted by the Tribe.  They heard a second case, Baukol Builders v. Davis Masonry, that afternoon involving the issue of whether the Tribal Court erred in granting a default judgment to an Indian contractor against a non-Indian for work performed on the Turtle Mountain reservation. This case also involves the issue of tribal civil jurisdiction.

UND Law Northern Plains Indian Law Center Faculty Fellow Joseph Morsette said, "The two cases that were adjudicated involved some of the most complex federal, state, and Indian law issues.  The Justices indeed have a passion about Indian law, and are truly involved in working to apply it and facilitate its development.  Our students truly benefitted from having the court on campus and being able to spend time with the Justices."

The Court presently consists of Chief Justice BJ Jones, an adjunct UND Law faculty member, who has been the Chief Justice since 1997 except for a two-year period from 2004-2006; Associate Justice Michael T. Swallow, who also serves as the Chief Justice of the Oglala Sioux Supreme Court as well as Associate Chief Judge of the Standing Rock Sioux Tribal Court; and Associate Justice Keith Richotte, who is also a law professor at UND School of Law.  Justice Richotte is the only Turtle Mountain tribal member Justice and has been on the Court since 2008.  The Justices serve six-year terms and are appointed by the Tribal Council.

"Having the Turtle Mountain Tribal Court at the Law School was a great way to see how a tribal court is run and how they address the elusive question of tribal jurisdiction.  Additionally, having two of our professors sitting on the bench was a great way to see how the school's passion for Indian law is put into practice outside of our classrooms," said second-year law student Ashley Martin

The Turtle Mountain Tribal Court of Appeals is the highest appellate court of the Turtle Mountain Band of Chippewa Indians located in Belcourt, North Dakota.  The Court handles approximately 100 appeals per year ranging from family law disputes to personal injury disputes, with a high number of the Court's cases pertaining to its jurisdiction, especially in the civil arena.

Related UND Law School Links:

Indian Law Certificate Program
Native Americans Into Law (NAIL)
Native American Law Student Association (NALSA)