10/05/2009 - Notice to Membership: A letter from Chairman Wesaw regarding a vacancy in the Court of Appeals.
Notice of Vacancy - Court of Appeals


Pokagon Band of Potawatomi Indians

Tribal Court
Pokagon Band of Potawatomi Indians
58620 Sink Rd., P.O. Box 355, Dowagiac, MI 49047
(269)783-0505   Fax: (269)783-0519

Tribal Judiciary   Tribal Court Staff  

Laws and Procedures   Opinions of the Tribal courts   Admission to Practice   Fees  


Notice Soliciting Public Comment
Start Date:September 14, 2009
End Date:October 15, 2009
Title:Chapter 2: “Court Rules of Civil Procedure”
Description:

The purpose of this Chapter of Court Rules is to establish the procedures by which actions, suits and proceedings of a civil nature are taken to the Tribal Court, except as otherwise provided by Tribal law, or other Chapter of Court Rules. These Rules shall be construed and administered to secure the just, speedy, and inexpensive determination of every action.


Downloads: [PDF] Notice - Chapter 2: Court Rules of Civil Procedure

[PDF] Chapter 2: Court Rules of Civil Procedure

Regular Business Hours:
8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m.
Monday through Friday, except Tribal Holidays

The Court is currently only staffed by the Court Administrator and Probation Officer/Community Justice Coordinator. Because of demands of hearings, meetings, training needs, and other scheduled conflicts, please call ahead to make sure Court staff is available to meet your needs.


Judicial Organization:
The Tribal Judiciary is a separate, independent branch of the Pokagon Band government. The Tribal Court Judiciary consists of the Chief Judge, one Associate Judge, and three Appellate Court Justices. All members of the Judiciary are appointed by the Tribal Council to serve staggered four (4) year terms.


Judges:

Chief Judge: Michael Petoskey (P37386)
Retired Chief Judge for the Grand Traverse Band of Ottawa and Chippewa Indians and retired Chief Judge for the Little Traverse Bay Bands of Odawa Indians

Associate Judge: David M. Peterson (P18834)
Retired 5th District Court Judge for Berrien County, Michigan and practicing Michigan attorney


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Court of Appeals:

Chief Justice: Robert T. Anderson
University of Washington School of Law, Associate Professor of Law and Director of the Native American Law Center

Associate Justice: Matthew L. M. Fletcher (P61593)
Michigan State University College of Law, Assistant Professor of Law and Director of the Indigenous Law & Policy Center

Associate Justice: Jill E. Tompkins
University of Colorado School of Law, Clinical Professor of Law and Director of the American Indian Law Clinic


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Court Staff:

Court Administrator: Stephen H. Rambeaux (P54024)

Probation Officer/
Community Justice Coordinator:
Darlene F. Wagner



Requirements for Practicing Before Tribal Court :
The Tribal Court allows attorneys, who are admitted to practice in any state and who are in good standing, to practice before the Tribal Court. Each applicant for admission must complete an
Application for Admission, Oath of Admission, and must be duly admitted to practice. Admission to practice before the Tribal Court is deemed admission to practice before the Appellate Court.

Application for Admission to Practice

Oath of Admission


Schedule of Court Fees:

Schedule of Court Fees  **Updated: 07/22/2008

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Laws and Procedures:
[PDF] Tribal Constitution
Adopted 11/1/05; Approved 12/16/05

[Link] Tribal Codes and Ordinances
See Pokagon Band Tribal Government webpage

Pokagon Band Tribal Court Rules:
  • [PDF] Chapter 1 - Procedures for Adoption of Court Rules
    Adopted on 09/17/2003
    Technical Revisions on 07/27/2006

  • [PDF] Chapter 3 - Rules of Evidence
    Adopted on 06/01/2009

  • [PDF] Chapter 5 - Court Rules of Appellate Procedure
    Adopted on 09/17/2003
    Technical Revisions on 07/27/2006
    Technical Revisions on 10/27/2007

  • [PDF] Chapter 6 - Court Rules for Recognition of Foreign Court Judgments
    Adopted on 01/27/2004
    Technical Revisions on 07/27/2006
    Technical Revisions on 10/27/2007

  • [PDF] Chapter 7 - Court Rules for Small Claims
    Adopted on 04/14/2004
    Technical Revisions on 07/27/2006
    Amendments on 09/24/2008

  • [PDF] Chapter 8 - Court Rules of Judicial Conduct
    Adopted on 11/03/2004
    Technical Revisions on 07/27/2006
    Amended Technical Revisions on 01/23/2007

  • [PDF] Chapter 9 - Court Rules of Ethics for Tribal Court Personnel
    Adopted on 12/09/2004
    Technical Revisions on 07/27/2006
    Technical Revisions on 10/27/2007
    Technical Revisions on 09/24/2008

  • [PDF] Chapter 10 - Court Rules for Appointment of Counsel
    Adopted on 12/19/2005
    Technical Revisions on 07/27/2006

    Administrative Orders:
  • 06-002-TC:
  • [PDF] Tribal Court Procedures for Recognition and Enforcement of Foreign Court Child Support Orders
    Adopted on 5/22/2006
    Technical Revisions on 8/11/2006
    Technical Revisions on 9/27/2006

  • 08-004-TC:
  • [PDF] Order for Proportioning Per Capita Payments To Satisfy Two (2) or More Delinquent Child Support Obligations
    Ordered 01/17/2008

  • 06-001-CA:
  • [PDF] Order for Technical Revisions to Tribal Court Rules
    Ordered 07/27/2006

  • 06-002-CA:
  • [PDF] Procedures for Review of Tribal Court Records
    Ordered 10/02/2006

  • 06-003-CA:
  • [PDF] Tribal Court Procedures for Appeal of Membership Issues
    Ordered 11/27/2006

  • 08-004-CA:
  • [PDF] Tribal Judiciary Procedures for Open and Closed Meetings and Proceedings
    Ordered 02/08/2008

         

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    Opinions of the Tribal courts:
    Tribal Court
    02/18/2009 – Case No: 08-343-CV: Trena Jones v. Pokagon Gaming Authority, a chartered instrumentality of the Pokagon Band of Potawatomi Indians.
    [PDF] Read Opinion

    09/23/2008 - Case No: 07-150-CV: Robert Soderberg v. Pokagon Band of Potawatomi Indians Tribal Council; Pokagon Band of Potawatomi Indians; Trudy Loeding, Individually; and Tom Wesaw, Jr., Individually.
    [PDF] Read Opinion

    08/13/2008 – Case No: 08-201-CV: H. Timothy Fenderbosch v. Pokagon Band of Potawatomi Indians Tribal Council and Pokagon Band of Potawatomi Indians.
    [PDF] Read Opinion

    12/08/2004 - Consolidated Cases: Case No: 04-001-CV and 04-005-CV: David C. Drake v. Pokagon Band of Potawatomi Indians, Tribal Council, and Pokagon Band of Potawatomi Indians Housing Authority.
    [PDF] Read Opinion
    Court of Appeals

     


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    © 2007 Pokagon Band of Potawatomi Indians