Alexander v. Confederated Tribes of Grand Ronde

13 Am. Tribal Law 353
CourtGrand Ronde Court of Appeals
DecidedAugust 5, 2016
DocketNo. A-15-008
StatusPublished

This text of 13 Am. Tribal Law 353 (Alexander v. Confederated Tribes of Grand Ronde) is published on Counsel Stack Legal Research, covering Grand Ronde Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Confederated Tribes of Grand Ronde, 13 Am. Tribal Law 353 (grrondectapp 2016).

Opinion

OPINION

MILLER, Court of Appeals Judge.

In this consolidated appeal, the named Petitioner/Appellant, Val Alexander, appeals the September 1, 2015 Trial Court order which affirmed the Grand Ronde Enrollment Committee decision to disen-roll all Petitioners in Tribal Court Cases C-14-022 to C-14-088 from citizenship/membership in the Tribe.1 We exercise jurisdiction pursuant to the Grand Ronde Tribe Enrollment Ordinance § (i)(6) and we REVERSE.

We do not address questions regarding the limits or boundaries of the sovereignty of the Grand Ronde Tribe and Grand Ronde people or of their exclusive authority to decide the requirements for citizenship in the Tribe. See Santa Clara Pueblo v. Martinez, 436 U.S. 49, 72 n. 32, 98 S.Ct. 1670, 56 L.Ed.2d 106 (1978). Instead, we address two questions of first impression for this Court:

1. Is the Grand Ronde Tribe court system a court of equity?

2. Can this court system utilize equitable defenses, such as laches and estoppel, and apply them against the tribal government?

We answer yes to both questions. Under the unique facts of this case, we hold that the Tribe is prevented by the equitable principles of laches and estoppel from reopening, after 27 years, the issue of the enrollment status of the lineal (and lateral) ancestors from which the Petitioners/Appellants trace their Grand Ronde citizenship.

I. FACTS & PROCEDURAL POSTURE

In 1986, the lineal ancestors (and apparently for some Petitioners the lateral ancestors, Appellee’s Brief, at 5) through which all the Petitioners claim tribal citizenship, were enrolled in the Grand Ronde Tribe upon the recommendation of the Enrollment Committee and by vote of the Tribal Council. In 2013, the Tribal Council authorized an audit of the tribal roll of citizens/members and Petitioners were recommended for an Enrollment Committee investigation due to a potential error in the relevant 1986 enrollment decisions. After prolonged procedures and hearings, including discussions at two Tribal Council meetings or more, the Enrollment Committee was granted authority to make the final decision on disenrolling Petitioners. The Committee decided on July 22,2014 to disenroll the Petitioners/Appellants. Ap-pellee’s Brief, at 3-5,10-14.

Petitioner Alexander filed this lawsuit on August 20, 2014 to, in essence, enjoin the Tribe and the Enrollment Committee from disenrolling her. She raised estoppel and laches arguments to the Enrollment Committee, Hearing Brief, Tribe’s Supplemental Excerpts of Record, Exh. 5, at 20-22; Exh. 6, at 20-22, and to the Trial Court. Petition, Vol. 1 Petitioners Excerpt of Record, 247, 259-61. She requested the Trial Court “[ijssue an order reversing the Enrollment Committee’s decision to disenroll Petitioner/Appellant”, and requested that court to “order Petitioner/Appellant’s reinstatement as a rightful member of the” Tribe. Id. at 264. The Trial Court denied the Petition on September 1, 2015. Vol. 2 Petitioners Excerpt of Record, 351 & 368. This appeal followed.

[356]*356II. JURISDICTION & STANDARD OF REVIEW

We exercise jurisdiction pursuant to the Grand Ronde Enrollment Ordinance § (i)(6). The ordinance states that when Grand Ronde courts review Enrollment Committee loss-of-membership decisions that “[questions of law or mixed questions of law and fact shall be reviewed de novo.” Id. at (i)(5)(F)(ii). When reviewing questions of law or mixed questions of law and fact de novo, we review the Trial Court decision “from the same position as the trial court, considering the matter anew as if no decision previously has been rendered.” The Confederated Tribes of Grand Ronde v. M.Q., Case No. Confidential (Grand Ronde Ct.App.2013), at 4; see also Synowski v. Conf'd Tribes of Grand Ronde, 4 Am. Tribal Law 122, 124-25 (Grand Ronde Ct.App.2003).

The application of laches or estop-pel constitute mixed questions of law and fact, especially when the facts are undisputed, because the court has to apply these legal doctrines to the established facts in a particular case. See Platt Pacific, Inc. v. Andelson (1993) 6 Cal.4th 307, 319, 24 Cal.Rptr.2d 597, 862 P.2d 158 (‘When, however, the facts are undisputed and only one inference may reasonably be drawn, the issue is one of law and the reviewing court is not bound by the trial court’s ruling.”); Lentz v. McMahon (1989) 49 Cal.3d 393, 403, 261 Cal.Rptr. 310, 777 P.2d 83 (“the weighing of policy concerns that must be conducted in a case of estop-pel against the government is in part a question of law.”); accord Feduniak v. California Coastal Commission (2007) 148 Cal.App.4th 1346, 1360, 56 Cal.Rptr.3d 591.

We are also “empowered to exercise all judicial authority of the Tribe ... [which] shall include ... the power to review and overturn tribal legislative and executive actions for violation of this Constitution or the Indian Civil Rights Act of 1968.” Grand Ronde Const., art. IV, § 3. Moreover, the Grand Ronde Tribal Court Ordinance, § (d)(1) (2013) grants us the “broadest exercise of jurisdiction.”

III. DISCUSSION

The decisive issue in this case is whether equitable principles of law prevent the Tribe from revisiting the question, in 2013, of whether the Petitioners/Appellants’ lateral and lineal ancestors were enrolled in error in 1986. To answer this question, we must decide first whether the Grand Ronde court system is a court of equity and can consider equitable issues; and second, whether this court system can use equitable claims and defenses, such as laches and estoppel, against the tribal government. We ultimately decide that the Grand Ronde court system is a court of equity and that both laches and estoppel prevent the Tribe from even raising the issue of the enrollment status of Petitioners/Appellants based on an alleged error in enrolling their lineal and lateral ancestors in 1986.

A. Courts of equity

The words “equitable” and “equity” mean, respectively, “Just; consistent with principles of justice and right;” and “fairness.” Black’s Law Dictionary 654, 656 (10th ed. 2014). A “court of equity” is one that follows the rules and principles of equity and fairness. See id. at 431.

The English and United States court systems have for centuries recognized equity jurisdiction, various equitable principles, and operated as both courts of law and of equity. 1 Dan B. Dobbs, Law of Remedies: Damages-Equity-Restitution 89 (2d ed. 1993); James M. Fischer, Understanding Remedies 190 (2d ed. 2006). In the early 1300s, the English courts of [357]*357law, also known as the legal courts and the common law courts, were hyper-technical and only allowed lawsuits to be brought under a limited and strictly defined set of claims. The failure of the courts of law to even consider other possible claims led to the development of an alternative form of jurisdiction and court known as equity. 1 Dobbs, supra, at 68. This court developed principles of fairness, morality, and equity, and eventually required the king’s chancellor, a royal minister, to also become a judge. By the 15th century, the chancellors had developed a court system that recognized claims and litigation procedures that the strict English courts of law did not.

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Bluebook (online)
13 Am. Tribal Law 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-confederated-tribes-of-grand-ronde-grrondectapp-2016.