Ballini v. Confederated Tribes of Grand Ronde

4 Am. Tribal Law 107
CourtGrand Ronde Court of Appeals
DecidedSeptember 19, 2003
DocketNos. A-01-08-020, A-01-08-001, A-01-08-011, A-01-08-013, A-01-08-015, A-01-08-012, A-01-08-018, A-01-08-019, A-01-08-021, A-01-08-022, A-01-08-023, A-01-08-014, A-01-08-017
StatusPublished
Cited by2 cases

This text of 4 Am. Tribal Law 107 (Ballini 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
Ballini v. Confederated Tribes of Grand Ronde, 4 Am. Tribal Law 107 (grrondectapp 2003).

Opinion

ORDER AND OPINION

THOMPSON, Associate Justice.

ORDER

The opinion filed in these consolidated appeals on September 19, 2003 is vacated. It is replaced by the Amended Opinion filed today. With the filing of the Amended Opinion, the Court denies Appellees’ petition for rehearing.

OPINION

Respondent-Appellant Confederated Tribes'of.Grand Ronde appeals from the trial court’s orders reversing the decisions of the Enrollment Committee that denied the applications of Petitioners-Appellees (“the applicants”) for enrollment in the Tribe.2 The trial court concluded that the Enrollment Committee acted arbitrarily and capriciously by applying the wrong-law in making its determinations. We exercise jurisdiction under Tribal Code § 310(h)(2) and reverse.

I. BACKGROUND

On July 27, 1999, the Tribe’s electorate approved an amendment to Article V of the Constitution of the Confederated Tribes of the Grand Ronde Community of Oregon (“enrollment amendment”), which alters and increases the requirements for membership in the Tribe. On September 14, 1999, the Secretary of the Interior approved the amendment and it became effective.3

At least twelve of the fourteen applicants submitted applications for enrollment in the Tribe prior to September 14, 1999.4 After that date, in December 1999, [111]*111the Enrollment Committee considered all of the applications, applied the enrollment amendment to all of them, and denied enrollment in each instance on the ground that the applicant did not satisfy the new requirement of having a Tribal member parent at birth. The applicants requested reconsideration and, after the Committee upheld its initial decisions, then appealed to the trial court.

The trial court held that the Enrollment Committee had acted arbitrarily and capriciously in retroactively applying the enrollment amendment to the applicants. The court concluded that because the applicants had submitted their applications before September 14, 1999, the Committee should have applied the enrollment law in place prior to the enrollment amendment’s effective date. The court reversed the Committee’s decisions and remanded each case to the Committee for further proceedings under the enrollment law in effect before September 14, 1999, when the applicants submitted their applications. The Tribe now appeals the trial court’s decision to this Court.

II. STANDARD OF REVIEW

We review de novo the trial court’s orders reversing the Enrollment Committee’s decisions. See Tribal Code § 4.10(d)(4)(H) (2001) (providing for this Court’s de novo review of the Enrollment Committee’s decision). In this context, de novo review means that we view the case from the same position as the trial court. See Turtle Island Restoration Network v. National Marine Fisheries Service, 340 F.3d 969, 973 (9th Cir.2003) (“De novo review of a district court judgment concerning a decision of an administrative agency means the court views the ease from the same position as the district court.”) The seope of our review also is governed by § 4.10(d)(4)(H), which provides that the trial court and this Court may set aside an Enrollment Committee decision only if it “was arbitrary and capricious or a violation of Tribal Constitutional rights.”

III. DISCUSSION

A. The Retroactivity Analysis

In the trial court, the parties presented arguments on whether the Enrollment Committee had retroactively applied the enrollment amendment to the applicants, and, if so, whether that was permissible. In short, the issue was which enrollment law should the Committee have applied in considering the applicants’ enrollment applications—the one in effect before September 14, 1999 (Tribal Code § 4.10, as amended through September 17, 1997) or the one in effect in December 1999 when the Committee considered the applications (Tribal Code § 4.10, as amended November 3, 1999 to incorporate the more restrictive enrollment criteria contained in the enrollment amendment, which became effective September 14, 1999). Using the framework for retroactivity analysis set forth in Landgraf v. USI Film, Products, 511 U.S. 244, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994), the trial court analyzed the retroactivity issue and ruled that the Committee applied the wrong law to the applicants when it denied their applications based on the new, more restrictive enrollment criteria contained in the enrollment amendment. The court concluded that application of that criteria to [112]*112the applicants amounted to retroactive application of a new law, and that “it would be unfair to change the rules that apply to those applicants who submitted their applications before the effective date of the new amendment.” Duke v. Confederated Tribes of Grand Ronde, 3 Am. Tribal Law 77, 82-83, 2001 WL 36155289, *5, Order Remanding Enrollment Committee Determination 8 (2001).

In this Court, the Tribe, relying heavily on Landgraf argues that the Enrollment Committee’s application of the new enrollment criteria to the applicants did not constitute impermissible retroactive application of a new law. In Landgraf, the United States Supreme Court considered whether a federal statute “applied to cases that arose and went to trial before its enactment.” 511 U.S. at 257, 114 S.Ct. 1483, 128 L.Ed.2d 229. In doing so, it set out an analytical framework for determining the temporal reach of a newly enacted statute. We have carefully reviewed Land-graf and find the Court’s approach in that case to be well reasoned. Accordingly, we apply it here.

Before examining the statutory analysis set out in Landgraf, we note that there are no express prohibitions against retroactive laws in either the Grand Ronde Constitution or the Indian Civil Rights Act of 1968 (TCRA) (25 U.S.C. § 1301 et seq.). The ICRA, however, provides for due process rights that mirror the protections of the Due Process Clause of the United States Constitution. In Landgraf, the Court recognized that the “Due Process Clause * * * protects the interests in fair notice and repose that may be compromised by retroactive legislation.” 511 U.S. at 266, 114 S.Ct. 1483, 128 L.Ed.2d 229. Under Article III, Section 3(k) of the Grand Ronde Constitution, the “Tribal Council shall not * * * deprive any person of liberty or property without due process of law” and the “Tribe shall provide all persons within its jurisdiction the rights guaranteed by the [ICRAj.” Against that backdrop, we recognize that retroactive legislation may in some circumstances raise due process concerns. But because, as discussed below, we are able to resolve the issue presented in this appeal on statutory construction grounds, we do not reach the potential constitutional issue. See Standard. Oil Co. of California v. Arizona, 738 F.2d 1021, 1023 (9th Cir.1984) (“[W]e must, if at all possible, resolve cases on statutory grounds before reaching constitutional questions!.]”) (citing

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4 Am. Tribal Law 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ballini-v-confederated-tribes-of-grand-ronde-grrondectapp-2003.