courtrecords.alaska.gov/webdocs/opinions/ops/sp-6926.pdf We live in a nation of laws. This is why the Newtok community will probably have a community wide election BEFORE the BIA can identify and contract with the legitimate and rightfully elected Newtok Village and their legitimate council. The Name: Newtok Village Council is just a feel good about being on top -- for the moment name.... In the eyes of the Law the only federally recognized tribe are the members of the:Newtok Village This includes ALL the enrolled members; old council and new council .... Sorry New council; have to have an election before BIA contracts with anyone at Newtok... The laws are here to protect the rights of ALL Newtok members. Not old council or new council supporters separately .... Summary: The Minto Tribal Court’s decision to terminate the parental rights of Parks and Stearman is entitled to full faith and credit under ICWA because they failed to exhaust tribal court remedies before collaterally attacking the decision in state court. Full faith and credit entails a high degree of respect for tribal courts. As a measure of that respect, we decline to allow Parks to relitigate his minimum due process and jurisdictional claims in Alaska state courts when he failed to exhaust tribal remedies by appealing to the Minto Court of Appeals. Parks has not satisfied any of the exceptions to the exhaustion of tribal remedies doctrine. We therefore conclude his suit in Alaska state court must be dismissed. V. CONCLUSION We REVERSE the superior court’s order denying full faith and credit to the Minto Tribal Court’s decision terminating the parental rights of Parks and Stearman and REMAND for dismissal of Parks’s state court claim with prejudice.
Posted on: Mon, 21 Jul 2014 09:00:05 +0000
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