# LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS (2019) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3Ae83e7f8de59d2dd9 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS 2019 ANNUAL REPORT OF THE JUDICIARY TABLE OF CONTENTS I. WELCOME LETTER FROM THE CHIEF JUDGE II. INTRODUCTION AND OVERVIEW OF THE JUDICIARY’S ANNUAL REPORT FOR 2019 III. INTRODUCTION AND BIOGRAPHICAL INFORMATION ON MEMBERS OF THE LTBB JUDICIARY IV. STATISTICAL DATA FOR OVERVIEWING COURT OPERTATIONS V. STAFF AND OPERATIONAL SUMMARY VI. FUNDING AND EXPENDITURES OF THE JUDICIARY IN 2019 VII. SPECIAL HIGHLIGHTS OF 2019 VIII. CONCLUSION APPENDIX LTBB User Guide Frequently Asked Questions Flow Charts Civil / Criminal Appellate Proceeding Frequently Asked Questions Flow Chart for Appellate Proceedings Frequently Asked Questions for Reinstatement of Driving Privileges Page 1 of 44 I. WELCOME LETTER FROM THE CHIEF JUDGE Little Traverse Bay Bands of Odawa Indians Tribal Court 7500 Odawa Circle Harbor Springs, Michigan 49740 231-242-1462 – Fax 231-242-1470 September 9, 2020 Aanii Tribal Citizens: The Court hopes this letter finds you and your family healthy and safe. Usually, when I write my letter for the annual report, I focus on the year that has just passed. I would be normally be sharing the accomplishments of the Court from 2019. However, 2020 is not a normal year. The challenges have been monumental. Therefore, while I will try to focus on 2019, I cannot forget how 2020 and COVID have impacted the Court, the community and all of you. In 2019, as we prepared to transform our child welfare system, we met extraordinary technical challenges from a cyberattack that crippled the Court. We began our work on a family treatment court thanks to a grant by the US Department of Health and Human Services. We surveyed the community for input and listened to the concerns of citizens, the Tribal Council and the Executive to help guide the Court in its work. With great excitement, we formed a multi-disciplinary task force to develop our new child welfare system. The group is comprised of representatives from our Tribal Department of Human Services, Michigan DHHS, the Child Welfare Commission, adoptive parents, adult adopted children, the Court’s traditional advisors, the legislative branch and Court staff. We received training and mentorship from three other successful family treatment courts and made great strides in our journey to transform our child welfare system. We are now in the process of drafting a statute for Tribal Council and the Chair’s consideration. Our progress was delayed unfortunately; in March of 2019 the Tribal government was hit with a devastating cyberattack. Page 2 of 44 While nearly all of the Tribal Government was affected, Court’s database that we use to track cases was completely compromised. We immediately had to switch from using technology to efficiently do the work of the Court, to reverting back to the time-consuming job of doing everything by hand. Court staff stepped up and worked together to keep Court running seamlessly. Other than the docket not being up to date, the public went virtually unaware of the extra burden on Court staff. Initially, we tried to save the database. However, the company that built it went out of business and could not assist. We then struggled to find a new database that fit both our needs as a small court and our budget. After hitting a number of dead ends, LTBB MIS was able to help us locate a provider to build a new database. We contracted those services at the end of last year. The work was completed during the disruption caused by COVID. Our staff has been trained on how to use the new system and is now in the process of entering in case information. We also had some good news related to the recovery of data that had been compromised by the attack. We thought we lost decades of Court forms, cases and opinions. The company we hired was able to restore or rebuild most of what we lost! The other great aspect of this system is we can build on it; it will grow with the Court. Once this hurdle was overcome, we thought we could go back to normal. And then COVID hit. It’s been an extraordinary challenge to keep Court fully functional during COVID. Yet that is exactly what we have done! We moved to ZOOM hearings immediately. We were able to have a Polycom system installed to arraign people from jail, prisons or other institutions. We created new court rules to make it easier to access the Court remotely. While other courts closed their doors, we used technology to keep our Healing-to-Wellness Court operating. I never thought I would live through a global pandemic. What I have learned is that we are more resilient and resourceful than we know. I am grateful every day that our community has not faced the devastating losses that some of our brothers and sisters out west have endured. Our leadership has made wise but difficult decisions that have shielded us from funeral processions that the Navajo nation sadly faced. The challenge is not over. In addition to ongoing health and safety concerns, we face a budget crisis unlike anything we have seen. Tribal Court understands that one of the most important aspects of our sovereignty is the exercise of our jurisdiction through the Tribe’s judicial system. Your court is committed to continuing the mandates set out for it in the Tribe’s Constitution. We will work with Tribal Council and the Executive to implement cost saving measures as necessary, as well as explore other funding opportunities that will enable us to carry out our Constitutional duties. It is impossible to know what challenges lay ahead. However, we are grateful that we are facing them together, as a community. Respectfully, Hon. Allie Greenleaf Maldonado Chief Judge Little Traverse Bay Bands of Odawa Indians Page 3 of 44 II. INTRODUCTION AND OVERVIEW OF THE JUDICIARY’S ANNUAL REPORT FOR 2019 The Judicial Branch of the Little Traverse Bay Bands of Odawa Indians looks forward to this opportunity to share information regarding the Court’s operation and activities. The Judiciary takes very seriously its accountability to the citizens of the Tribe. This report and the information that it contains helps to serve this function. We recognize that this report, produced once a year, is important and believe that it accurately represents the operations of the Court. We encourage anyone with questions, comments, or suggestions to contact us at any time throughout the year. This report contains statistical data and information related to the day-to-day operations of the Court, an overview and summary of services provided as part of that operation, an overview of our funding, and useful materials that may assist citizens in accessing the Court’s services. This year’s report will differ in some respects from prior annual reports. The Court experienced the loss of its database as part of the ransomware attack that afflicted the entire Tribe and as a result, we do not have all of the statistical information that we might otherwise provide. The Tribal Court, along with our entire community also had to deal with the COVID-19 pandemic. While this report focuses on the Court’s activities in 2019, it is important to acknowledge the impact that the pandemic has had on current Court operations and the impact it has had on the preparation of the 2019 annual report. The mission of the Court is to uphold the laws of the Tribe by providing an impartial forum for resolving disputes, providing justice, and protecting the public through the fair and rational application of these laws. The LTBB Constitution created a Tribal Judiciary as a separate branch of government composed of a court of general jurisdiction, called Tribal Court, and an appellate court, called Tribal Appellate Court. The jurisdiction of the Court is based upon the Tribe’s inherent sovereignty, traditional custom, and federal law. With a focus on the values of respect, honesty, humility, truth, wisdom, love, and courage, the Court applies the law equally to all individuals without regard to the government’s position or the general weight of public opinion. More specifically, and in addition to protecting the rights of individual citizens and entities, the Court decides questions concerning the scope and existence of the Tribe’s governmental authority through the interpretation of laws enacted by and through the other two branches of government. The Judiciary enhances its impact by encouraging the development and administration of services that address the most pressing issues that lead to citizens involuntarily coming under the jurisdiction of the Court. To accomplish these responsibilities the Tribal Judiciary is comprised of a chief judge who in addition to presiding over civil and criminal matters is responsible for the oversight and administration of the Court. A part-time associate judge, as a member of the Judiciary, is Page 4 of 44 responsible for all civil and criminal matters arising from controversies under the constitution, statutes, and procedures as assigned by the chief judge. The Tribal Appellate Court consists of a chief justice and two associate justices that hear appeals of cases originating in Tribal Court. The decisions of the Tribal Appellate Court are final, binding, and cannot be appealed further. The Judiciary, as a whole, is responsible for establishing rules, policies, and procedures for the Courts. The Court, as always, welcomes the opportunity to share information about its operation and programs. We would encourage you to share input on how the Court can better serve the community. You can do this by contacting the Court Administrator, Matthew Lesky, at (231) 242-1461, or by email at mwlesky@ltbbodawa-nsn.gov Page 5 of 44 III. INTRODUCTION AND BIOGRAPHICAL INFORMATION ON MEMBERS OF THE LTBB JUDICIARY Chief Judge Honorable Allie Greenleaf Maldonado The Honorable Allie Greenleaf Maldonado is proud to be a citizen of the Little Traverse Bay Bands of Odawa Indians (LTBB) and a member of the Turtle Clan. She was first appointed the Chief Judge of the LTBB Tribal Court in 2012. Judge Maldonado graduated in the top third of her class from the University of Michigan (UM) Law School. While at UM, she served as a Contributing Editor for the University of Michigan Law Review. After graduation, Judge Maldonado was selected through the highly competitive Honors Program at the United States Department of Justice (“DOJ”) to become a litigator in the Indian Resources Section of the Environment and Natural Resources Division. In September of 2002, Judge Maldonado returned home and accepted the position of Assistant General Counsel for LTBB in which she served the Tribe up until her appointment as Chief Judge. As an attorney for LTBB, she successfully litigated the first case in which the Michigan Court of Appeals overturned the termination of parental rights due to a failure by the State to follow the Indian Child Welfare Act (ICWA). In re Cole, unpublished opinion per curiam of the Court of Appeals, issued November 17, 2005 (Docket No. 262918). Judge Maldonado also wrote an amicus brief advocating for “conditional reversal” in ICWA cases, which is the position the Michigan Supreme Court adopted in In re Morris, 491 Mich 81, 83; 815 N.W.2d 62 (Docket Nos. Page 6 of 44 142759 & 143673, decided May 4, 2012). She also wrote the first draft of the Michigan Indian Family Preservation Act (MIFPA). Judge Maldonado is a nationally-recognized expert on the Indian Child Welfare Act (ICWA) and the Michigan Indian Family Preservation Act (MIFPA). She has worked extensively with the State Court Administrative Office and the Michigan Judicial Institute to bring Michigan into compliance with ICWA and is a frequent trainer and speaker in the areas of ICWA and MIFPA. In 2014, Judge Maldonado was voted Michigan Lawyer’s Weekly Woman of the Year. In addition, she was privileged to be selected as the 2015 Unsung Hero for the State Bar of Michigan Representative Assembly. Moreover, in 2016 she was chosen by Harvard Law School as an honoree for International Women’s Day recognizing her as a woman inspiring change for her efforts and mentorship on behalf of Native American students. In 2017, Judge Maldonado was named Michiganian of the Year by Detroit News. In 2018, Judge Maldonado volunteered her time to contribute to a Nationally-lauded book designed to teach the public how judges make decisions titled, “Tough Cases”. Her chapter is the only chapter representing Indian country. In 2019, Judge Maldonado was appointed by Governor Whitmer to serve on Michigan’s Commission on Juvenile Justice. Judge Maldonado was also nominated to serve on the board of the National Association of Drug Court Professionals in 2019, and was subsequently appointed in 2020. During her time as Chief Judge, Judge Maldonado has overseen implementation of federal grants for tribal substance abuse courts and specialized domestic violence courts. She has facilitated the use of data-driven assessments to improve the quality of services provided by the LTBB Tribal Court. Judge Maldonado and her husband Jay are the proud parents of two wonderful children. Page 7 of 44 Associate Judge John L. Lemire Judge Lemire is an enrolled member of the Grand Portage Band, Minnesota Chippewa. His father was a dislocated "boarding school" Indian ending up in Michigan. He is a retired Family Court Referee, having served the 3rd Circuit Court in Wayne County for more than 25 years. He has been a Court appointed Mediator/Arbitrator since his retirement. Judge Lemire has been involved in Indian law and welfare for decades. He has served as a Board member and Vice Chair of Michigan Indian Legal Services for over thirty years until his appointment to the Tribal Court. He is currently Chairperson of the Board of American Indian Health and Family Services of Southeastern Michigan (AIHFS). AIHFS is a medical and behavioral health clinic in Detroit funded by the Indian Health Service and other grants that assists urban Indians. He has participated in programs to assist Native American Law students and served other Michigan tribes in various legal capacities. He is past Chair of the American Indian Law Section of the State Bar. In his legal career, Judge Lemire has served as a Referee for the Michigan Civil Rights Commission, as a chair panelist of the Attorney Discipline Board, and as an Assemblyperson for the State Bar of Michigan. On a personal level, Judge Lemire is an Army Veteran of Vietnam and has been happily married for many years to his wife Marlene with two grown children. Even with all of the above accomplishments, he considers his appointment to the Tribal Court the highlight of his career. Page 8 of 44 Chief Justice Sean E. Cahill Justice Cahill was first appointed and sworn in on December 21, 2015 to complete the six-year term vacated when Catherine Castagne was appointed as LTBB’s Prosecutor. Justice Cahill was re-appointed in April of 2017 and upon the vacancy left by the Hon. Wenona Singel’s departure became Chief Justice. Justice Cahill is a citizen of the Little Traverse Bay Bands of Odawa Indians. Justice Cahill is Assistant General Counsel for the Grand Traverse Band of Ottawa and Chippewa Indians and previously represented the Tribal Council of the Little River Band of Ottawa Indians. Justice Cahill graduated from the University of Michigan with a B.S. in Sociology and in Brain, Behavior and Cognitive Science. In 2011, he received his J.D. from the Sandra Day O’Connor School of Law at Arizona State University, where he participated as a member of the Indian Legal Program, represented tribal clients in the Indian Law Clinic, and served two years on the executive board of the Native American Law Students Association. While in law school, Justice Cahill worked for the Senate Committee on Indian Affairs, the law firm Fredericks, Peebles & Morgan, and the Maricopa Superior County Court. He is admitted to practice in Michigan and in a number of tribal courts. Page 9 of 44 Justice William Denemy Justice Denemy was appointed Justice to the Appellate Court on September 12, 2014. Justice Denemy grew up in the Charlevoix and Petoskey area. He left the area to serve a thirtythree-year career with the Michigan State Police. He then took a position with the Central Montcalm Public Schools as Transportation Director and Grounds Supervisor. After retirement, he moved back to the Petoskey area to serve his tribe and was employed by the Little Traverse Bay Bands in the following positions: the Gaming Administration, the Gaming Board of Directors, four years as the Tribal Vice-Chairperson, and then he was employed by the Tribal Drug Court for a period of time prior to being appointed as a Justice on the Appellate Court. Page 10 of 44 Justice Frank Ettawageshik Justice Ettawageshik is the newest member of the LTBB Judiciary, having been appointed and sworn in on February 9, 2018. Justice Ettawageshik is a citizen of the Little Traverse Bay Bands of Odawa and lives in Harbor Springs, Michigan, with his wife Rochelle. He has four adult children and six grandchildren. He is a traditional storyteller and potter, believing that native people need to be rooted in their traditions in order to be prepared for the future. Justice Ettawageshik served in tribal elected office for sixteen years, fourteen as the Tribal Chairman. During his tenure as Tribal Chairman he was instrumental in the adoption of the Tribal and First Nations Great Lakes Water Accord in 2004 and the United League of Indigenous Nations Treaty in 2007. Now serving as the Executive Director of the United Tribes of Michigan, he is also the Chairman of the United League of Indigenous Nations Governing Board and the Co-chair of the National Congress of American Indians Federal Recognition Task Force. Justice Ettawageshik also currently serves on several non-profit boards including the Association on American Indian Affairs, Anishinaabemowin Teg, and the Michigan Indian Education Council. In April 2016, he was appointed to the Great Lakes Water Quality Board. Frank was a 2010 Fellow at the Native Nations Institute Indigenous Leaders Fellowship Program at the University of Arizona. His 40 years of public service has included serving on the Executive Board of the National Congress of American Indians, the Midwest Alliance of Sovereign Tribes, the Historical Society of Michigan, the Chippewa Ottawa Resource Authority, the Michigan Climate Action Council, the Little Traverse Conservancy, the Michigan Travel Commission, the Public Interest Advisory Group for the International Joint Commission’s Upper Great Lakes Study, the Michigan Great Lakes Offshore Wind Council, and the Michigan Ground Water Conservation Advisory Council. Page 11 of 44 IV. STATISTICAL DATA FOR OVERVIEWING COURT OPERTATIONS In order to provide perspective and evaluate the Court’s operation, we routinely compile data related to various operational components. The data is used to analyze activity and identify trends. This assists the Court in planning for programs and anticipating needed resources. We compiled data throughout the year. However, in preparing to publish this report we were confronted by an unanticipated challenge. In March, the Tribe’s computer network was attacked by ransomware. As a result of that event the Court has lost access to our database where we store and compile statistics used in this and other reports. As of the date of printing this report we still do not have access to that information, so the data we currently have is incomplete. When the Court’s database is restored we will update this report with the other points of data and post it on the Tribe’s website. We apologize for the inconvenience. Based on the data we do have we can report that in 2019 the Tribal Court presided over 438 active cases. In the graph below, these cases are shown by specific type showing the diversity of impact and areas of authority within the Court. Page 12 of 44 2019 LTBB Caseload 438 Total Cases SUBPOENA 5 WAGE ASSIGNMENT 6 SEARCH WARRANT 3 CIVIL PROTECTION ORDERS 10 PROBATE 12 ADOPTIONS 6 MARRIAGE LICENSES 2 NAME CHANGE 2 JUVENILE JUSTICE 5 GUARDIANSHIPS 4 LANDLORD TENANT 7 GENERAL CIVIL 11 FOREIGN JUDGEMENT 14 CHILD AND FAMILY 239 CHILD PROTECTION 4 CONSERVATION 15 CIVIL TRAFFIC 8 CIVIL GARNISHMENT 30 APPEALS 1 ADULT DRUG COURT 14 ADULT CRIMINAL 21 0 50 100 Page 13 of 44 150 200 250 V. STAFF AND OPERATIONAL SUMMARY The Court currently employs eight people, not including the appointed members of the Judiciary. Individual staff duties and responsibilities are unique, each employee receives some crosstraining to ensure that basic functions within the Court can be carried out when the person normally performing that duty is unavailable. The individuals employed by the Court are honored to serve the community and take pride in their contributions to the success of the Judiciary in fulfilling its mission. Court Administrator Within the Constitution, under Article IX, Section H, 3, it states, “The Tribal Judiciary shall employ an administrator of the Courts and other assistants as may be necessary to aid in the administration of the court of the Little Traverse Bay Bands of Odawa Indians. The administrator shall perform administrative duties assigned by the Judiciary.” The Court Administrator is responsible for the day-to-day operations of the Court. Directed and supervised by the Chief Judge, the Court Administrator supervises court staff, develops and monitors budgets, administers the various grants, directs the collection and analysis of data, and reviews policies and procedures. Additionally, in order to further the goal of serving the LTBB community, the Court Administrator collaborates with departments in other branches of government and with agencies and individuals in the state court system as well. In 2019, the Court Administrator participated in events, conferences, seminars, and trainings covering diverse topics within judicial systems. These included information and discussion on Child Protective Codes, Court Improvement Programs with the State of Michigan, victim rights, state and tribal collaboration, trends and practices in treatment courts, and emerging issues related to marijuana and vaping trends. These trainings and events review national and tribal standards, emerging trends, and the experiences of other courts. Tribal Court benefits from this because it helps us evaluate existing services and programs and initiate changes that will benefit those individuals served by the Court. Overall, we are constantly asking ourselves what more can we do to improve the quality of the Court’s operation. Court Clerks The Tribal Court’s Senior Court Clerk and Court Clerk I are the staff with whom the community is most likely to initially have contact with when utilizing the services of the Court. These individuals have a variety of responsibilities including fulfilling the role of reception at the Court’s window and answering calls received on the Court’s main phone line. Along with the responsibilities outlined above, the Courts Clerks have the primary duty to process all types of cases in regards to existing and new filings. The Court Clerks also have responsibilities and serve in a variety of other ancillary capacities. These include but are not limited to the following: Page 14 of 44                     Data entry of case-specific information into the Court’s database; Processing notices and other documents/pleadings for all interested parties; Recording an accurate audio recording of all hearings; Maintaining the Court’s recording equipment; Providing case information to Tribal Citizens consistent with statutes; Answering questions in regards to Court processes; Collecting fines and fees received by the Court; Maintaining the Court’s docket, calendar, and records; Researching and analyzing information specific to active cases; Administering annual per-capita garnishments; Notarizing documents; Processing invoices and contract requisitions; Ordering and processing transcripts of specific proceedings; Preparing correspondence and other Court documents; Processing admission to practice applications and attorney oaths; Performance of clerical duties in the office and in the Court room; Processing of the Court’s orders; Managing case files; Communicating with attorneys and parties regarding cases; and Providing approved Court forms to those wishing to file cases. The Tribal Court’s Senior Court Clerk and Court Clerk I are invaluable to the Courts operation and success. They serve as liaisons to Tribal Citizens, visitors, various inter-governmental departments, outside agencies, attorneys, and the rest of the general public. The Court Clerks are responsible for processing and distributing funds collected through various types of orders. The graph below shows funds collected in calendar year 2019 and compares that data with that of previous years. Page 15 of 44 Funds Collected and Disbursed for Child Support and Civil Garnishments $32,357.72 $34,336.70 $44,185.51 $62,388.46 $74,078.26 $36,602.71 Civil Garnishments $142,493.10 $195,358.37 $194,624.96 $176,795.27 $217,915.82 $223,437.50 Child Support $174,850.82 $229,695.07 $238,810.47 $239,183.73 $291,994.08 $260,040.21 Total Funds Collected/Distributed 2019 2018 2017 2016 Page 16 of 44 2015 2014 Administrative Assistant The Administrative Assistant provides support to every position and program within the Court. The position is responsible for assuming many unique responsibilities that aren’t always obvious to the public but contribute greatly to the Court’s efficient operation. The Administrative Assistant’s primary responsibilities include:           Providing clerical support to the Chief Judge and Court Administrator; Providing transportation; Scheduling, attending, and recording notes and minutes at multiple inter/intra office meetings and events; Creating/editing documents and spreadsheets using various software programs; Creating/storing of closed Court files into a digital format for archiving; Processing purchase orders, check requests, and other documents; Processing travel requests and subsequent reports; Correlating data and other information for analysis; Maintaining Tribal Court’s budget overview for analysis; and Interfacing with Tribal Departments in the other branches of Tribal Government. The Administrative Assistant is cross-trained in order to cover many of the functions within the office ensuring that the Court is able to meet the needs of the community. Probation Department The LTBB Probation Department is comprised of one probation officer who serves as the adult probation officer, juvenile probation officer, Specialty Court Coordinator, and provides courtesy supervision through the LTBB Probation office. The Probation Department works collaboratively with LTBB departments, local and state agencies. The Probation Department provides individualized support and monitoring to LTBB Courtordered clients and clients receiving courtesy supervision ordered by other jurisdictions. Probation’s primary purpose is to provide supervision, ensure compliance of Court orders, and provide case management. In 2019, probation supervised 36 cases. Adult Probation: Probation provides the opportunity of those convicted of a crime to remain in the community as opposed to being incarcerated. Probation terms are customized to the individual’s offense, history and their specific needs. Probation focuses on rehabilitative services that provide the client the opportunity to learn from their behaviors. Additionally, probation focuses on enhancing community safety. Areas of assistance that are provided may include but are not limited to the following: Page 17 of 44       Referrals for counseling services; Referrals for substance abuse assessments; Transportation services; Support in employment opportunities; Referrals and support for continued education; and Alcohol and drug testing at no cost for LTBB tribal members. During 2019, the probation officer attended trainings, conferences and meetings for continued education to promote enhanced programming. Along with this, Probation and other members of the Waabshki-Miigwan Team attended trainings focused on best practices and emerging trends in Healing-to-Wellness Courts sponsored by the Tribal Law and Policy Institute. Juvenile Probation: The juvenile probation department provides supervision for delinquent youth that need intervention and provides in-home care services that are utilized as an alternative to removing the youth from the home and placing them in detention. Conditions and requirements are designed to address specific needs and provides the youth the ability to improve. Probation has face-to-face contact with juvenile clients, not only in the Court offices but also at their schools and within their homes. Areas of assistance that are provided may include but are not limited to the following:     Educational support services; Assistance with transportation; Referrals for individual and family counseling; and Providing extracurricular opportunities at no cost to the juvenile or family. In 2019, there were 5 juvenile cases supervised by the Probation department related to juveniles in need of supervision. The Court makes specific findings in these cases from allegations in a petition related to the following acts:    Truancy: A juvenile who repeatedly absents himself or herself from school or other learning program intended to meet the juvenile’s educational needs, or repeatedly violates rules and regulations of the school or other learning program Runaway: A juvenile who willfully and voluntarily absents himself from his or her home without the consent of his or her parent, guardian, or other legal custodian. Incorrigibility: A juvenile who repeatedly disobeys reasonable and lawful commands or directives of his parent, legal guardian, or other custodian. Monitoring and Testing Descriptions Along with the services mentioned above, the Probation Department provided drug and alcohol screening to individuals under the Court’s jurisdiction and others requiring the service. The Page 18 of 44 Court’s policy allows any LTBB Tribal Citizen the ability to utilize our testing program free of charge. The Court will also test other individuals who pay the cost of the specific testing. Drug and alcohol screenings are an essential element in providing services to those involved in the criminal justice system. Drug Screens LTBB Tribal Court uses urinalysis to screen clients for the misuse/abuse of drugs and alcohol. All LTBB Court staff are trained on the proper procedures for collecting these specimens. These tests can detect a variety of illicit and prescribed substances along with alcohol or their metabolites. For those individuals under the jurisdiction of the Tribal Court for offenses where substances are deemed to be the primary issue, the Court ensures a truly random testing program. This program provides a system where individuals make one call a day to determine if they have been randomly selected for testing. The system monitors and scores the individual’s compliance with the requirements that they refrain from consuming alcohol, illicit, and other abused substances. In 2019, the Court provided 97 screens to Tribal members at no cost. Also, 177 additional screens were provided for Probation clients during the calendar year. Preliminary Breath Test (PBT) A PBT is a device used to discover the presence/consumption of alcohol. Clients breathe through a straw into the device for a few seconds and the PBT analyzes the breath for alcohol. Secure Continuous Remote Alcohol Monitoring (SCRAM) The continuous alcohol monitoring device is worn by individuals that constantly monitors for the presence of alcohol. The SCRAM provides a continuous record throughout each day that Probation can monitor. SoberLink This is a portable device that the client keeps with them at all times. The device is paired with the client’s cell phone and randomly alerts them to provide a sample of breath for analysis. (Analysis is the same as with the PBT.) The data is then transferred by the cell phone into a software program that is accessed and monitored by Probation. Global Positioning System (GPS) Tethers The Global Positioning System Tether is designed to track the location and movements of clients. The device will alert Probation if an individual leaves a specified location or enters a specific location. The device will also give real-time data on the location of the individual wearing the unit. Page 19 of 44 Cultural Resource Advisor The Cultural Resource Advisor is essential to the services and programs provided by the LTBB Tribal Court. This position ensures that Court services and programs are sensitive to, consistent with, and enriched by the traditions and values of the Anishinabek Culture. To that end, the Waabshki-Miigwan Healing-to-Wellness Program offers the opportunity for the participants to partake in a sacred fire for each phase of the journey facilitated by the Cultural Resource Advisor. In 2019, there were 16 sacred fires overseen by the Cultural Resource Advisor where the participants received teachings and the opportunity to reflect on their progress. Another important part of the Cultural Advisor’s duties include providing clients in the Healingto-Wellness Program the opportunity to participate in a weekly talking circle. In 2019, the Cultural Advisor facilitated 48 talking circles for participants in the Healing-to-Wellness Program. Regular sweatlodges became an additional cultural activity added to support clients during their time in the program. In 2019, 3 sweatlodge ceremonies were held. This was the first time some of the participants had exposure to this healing practice. As in every year, in 2019, the Cultural Resource Advisor was regularly called upon to give guidance and teachings to the community. For example, the Cultural Resource Advisor was requested to assist with traditional teachings to students in the Great Lakes Leadership Academy. This is in addition to the numerous times the Cultural Resource Advisor interacted with, supported, and provided teachings for those not only involved in Court programming, but in the community as a whole. The Court continuously looks for ways to better serve our tribal members. The Cultural Resource Advisor plays a key role in revising additional services and in developing new programming related to our mission. Specialty Court Programming The Waabshki-Miigwan Healing-to-Wellness Drug Court Program (WMDCP) was established in 2010 with a mission to implement a partnership among the community, service providers, courts and citizens who face substance abuse challenges leading to repeated criminal justice involvement. WMDCP provides individuals the opportunity to restore a holistic balance in their lives by using Odawa values and teachings. Individuals eligible for participation are identified based on referrals from service providers and law enforcement. Many participants in the program are referred from the tri-county area of Emmet, Charlevoix, and Cheboygan Counties State Courts. The White Feather Story, Seven Grandfather Teachings, and the Medicine Wheel Teachings, built the foundation of the WMDCP. The WMDCP also follows established and proven recovery Page 20 of 44 principles including the “Ten Key Components of Wellness Courts,” “the National Association of Treatment Court Providers Best Practices” and the “Twelve Steps” as a guide in the treatment of those involved in the program. The WMDCP is an eighteen-month structured program that has five phases: the learning level (10 weeks), the accepting level (12 weeks), the willing level (14 weeks), the succeeding level (16 weeks), and the aftercare level (24 weeks). The clients must complete assigned requirements to successfully advance:    All the projects and assignments as provided with instruction in the WMDCP week-byweek workbook; Attendance at all assigned counseling, probation, court, and self-help meetings assigned in the WMDCP week-by-week planner; and Compliance with all the WMDCP rules and regulations with an emphasis on maintaining sobriety. This very structured program provides the opportunity for support and stability that assists participants in achieving the foundation towards meaningful, life changing, long-term recovery. In 2019 this program supervised, supported, and guided 14 individuals in the services outlined above. There were a total of 48 WMDCP team meetings during the year and 221 client hearings held during that time. Domestic Violence Court Docket Background: In 2013, the Tribal Court was awarded a Justice for Families Grant from the Office of Violence against Women located within the United States Department of Justice. The purpose of the grant was to develop and implement a specialized Domestic Violence Court Docket. In 2014, the Court received a continuation grant to expand the goals and objectives of the project. In 2015, the Domestic Violence Court Docket was established. In 2016, LTBB Court was one of seven tribes to be awarded the Department of Justice Office of Violence Against Women’s Special Domestic Violence Criminal Jurisdiction (SDVCJ) Implementation Grant. This grant affirms LTBB’s inherent jurisdiction over non-Indian offenders of domestic violence where the victim is an Indian. In 2017, the Domestic Violence Court Coordinator focused on meeting the goals and objectives of the Justice for Families Grant and ensuring policies and procedures are up to date to exercise LTBB’s SDVCJ. The Domestic Violence Court Coordinator continued facilitation of the Coordinated Community Response Team. The Team is comprised of representatives of several departments through LTBB’s government along with the Women’s Resource Center of Northern Michigan. The meetings provided the opportunity for each department to give an update on their current progress in implementing the best practices and policies regarding victim safety and offender accountability. Page 21 of 44 Domestic Violence Court Coordinator Activities:       Participated monthly in project director phone calls; Inter-Tribal Working Group (ITWG) member and participated monthly in conference calls; VAWA workgroup team member; Prepared and submitted grant compliance reports; Hosted Coordinated Community Response (CCR) team meetings; Prepared court forms On October 1, 2019, a new Special Domestic Violence Coordinator and Trainer (“Coordinator”) was hired through a grant. In the remaining three months of the year the Coordinator performed the following activities in addition to those listed above:  Reviewed the Department of Justice response to the questionnaire previously submitted by the Tribal Court in 2017;  Prepared a response to the DOJ response to the questionnaire;  Prepared and submitted proposed amendments to the Tribe’s domestic violence statute and other code changes in response to DOJ concerns that were set forth in the questionnaire response. The proposed amendments addressed grant goals 1 and 3, achieving 100% compliance with all Federally mandated requirements for SDVCJ, including providing a defendant with a fair trial by an impartial jury of peers;  Prepared a list of proposed changes to our court rules in response to DOJ concerns, these changes also satisfied grant goals 1 through 3; achieving 100% compliance with all Federally mandated SDVCJ requirements, which included establishing an indigent defense program, and providing a fair trial by an impartial jury of peers;  Created a policy, associated forms and new court rules for court-appointed attorneys, satisfying grant goal 2, establishing an indigent defense program;  Attended an ITWIG conference in Omaha, Nebraska on special domestic violence jurisdiction;  Began planning five training activities that were to be completed within one year: a domestic violence summit, a mock trial, the presentation of Sliver of a Full Moon, courtroom testimony training, and report writing and investigation techniques for law enforcement and DHS workers;  Presented the courtroom testimony, report writing and investigations training to LTBB law enforcement, LTBB DHS investigators, and Behavioral Health personnel; Page 22 of 44  Revised numerous internal policies and forms, including forms pertaining to arraignments, probation violations, PPOs, jury pools, court-appointed attorneys, etc.  Attended a domestic violence training in Charlevoix County sponsored by MCOLES;  Attended numerous Healing-to-Wellness court sessions, phase advancement fires, and other cultural activities;  Continued reviewing the Tribal code and court rules for additional changes related to the implementation of SDVCJ. Family Preservation Program / Court As reported last year, Tribal Court was awarded a five-year Tribal Court Improvement Program grant for the purpose of creating and implementing a Family Preservation Court. Tribal Court continued to make progress on the goal of implementing the Family Preservation Court during the past year. One of the grant objectives was to distribute community surveys and conduct stakeholder interviews for the purpose of gathering community and stakeholder perspectives on child welfare and how the child-welfare system could be improved. This objective was completed, and the data collected are being used as guiding principles in the formation of a Family Treatment Court. Another grant objective was the formation of a Child Welfare Forum (“CWF”) team, comprised of individuals who are either currently involved in the child welfare system, or who were previously involved as a foster parent, foster child, adoptee or adoptive parent. The CWF began holding meetings to discuss proposed revisions to the child-welfare system and is continuing to do that work. Some of the CWF team members were able to attend grant-required trainings in November at the Tompkins County Family Treatment Court in Ithaca, New York and the Saint Regis Mohawk Healing-to-Wellness Court in Akwesasne, New York. The team members who attended were able to observe how staffing in a family treatment court was structured and how family court hearings were conducted. The Tribal Court continues to work towards implementing the grant objectives for the TCIP grant. Page 23 of 44 VI. FUNDING AND EXPENDITURES OF THE JUDICIARY IN 2019 The Tribal Court exemplifies the most direct exercise of LTBB’s sovereignty. LTBB Tribal Court receives funding from various sources to support its Constitutional responsibilities which include upholding the law, preserving citizen’s rights and liberties, along with providing fundamental services to the community that are not received elsewhere. The majority of the Tribal Court’s funding comes from the Tribe’s general fund, requested by the Court and approved by Tribal Council. The remaining revenues come from grants, state and federal programs, and fees and fines imposed by the Court. The following graph represents the allocation for funding as approved by Tribal Council and revenues received through grants, fines, and fees. (Allocated funds are those amounts budgeted but not necessarily expended.) Sources and Amount of Funds Allocated for Tribal Court's Operation in 2019 $1,205,000.00 $176,771.32 $115,116.32 $86,109.30 $11,073.98 Tribal Support DOJ Adult Drug Court DOJ OVW SDVCJ Child Care Fund TCIP Grant Funding The Court actively seeks and applies for funding to support specialized programming and services. The Court closed out the Justice for Families grant in 2019. The Justice for Families Grant initially funded improvements in all aspects of the criminal justice systems interacting with individuals exposed to domestic violence, dating violence, sexual assault, and stalking. Page 24 of 44 This grant supported the work of the Coordinated Community Response Team. Justice for Families provided funding for training and professional development and was modified to provide funding to Tribal Citizens needing representation by attorneys in various civil proceedings. The Tribal Court continues to manage a grant awarded through the Office on Violence against Women, for the purpose of implementing Special Domestic Violence Criminal Jurisdiction. The grant funds facilitate the prosecution of non-Native offenders where the victim is Native and the offense occurs within the Tribe’s jurisdiction. This grant also funds training in the areas of investigation, due process, and offender programming. As this grant continues, the Court will use funding to ensure that we have the best policies and practices to provide victim safety, offender accountability, and due process rights to those involved in the justice system. The Court, in order to offset the cost associated with the supervision, care, and custody of juveniles, participates in the State of Michigan Child Care Fund. This is a Federal program where Title IV-E dollars can be accessed to offset a portion of the expenses related to services provided to juveniles. The program is set up to reimburse the cost of services provided through both the Tribe’s Department of Human Services and the Court. The Department of Human Services uses these funds to offset costs associated with Foster Care and other placements for children in need of care due to neglect and/or abuse. The Court utilizes the program to offset cost associated with children in need of supervision in their own homes. This State-operated, Federally-funded program assists the Tribe in managing costs and allowing the Court to provide these needed services. Page 25 of 44 VII. SPECIAL HIGHLIGHTS FROM 2019 During 2019 members of the Waabshki-Miigwan Healing-to-Wellness Program were invited to present at the Michigan Association of Drug Court Professionals. Cultural Resource Advisor Anthony Davis, Graduate Dustin Jenkinson and Specialty Court Coordinator Alyssa Harrold presented a session on the positive impact of culture in the WMDCP program. Dustin discussed how the presence of culture in the program enhanced the experience he had and connected the recovery principles of the program more directly for him. Page 26 of 44 Chief Judge Maldonado and Associate Judge John Lemire were both reappointed to four-year terms ending in 2024. As part of the Tribal Court Improvement Program grant for the Family Preservation Program the Chief Judge, Specialty Court Coordinator, Court Administrator, Social Services Program Manager, Behavioral Health Director and a member of the Child Welfare Commission did onsite visits to the Tomkins County Family Treatment Court in Ithaca, NY and the St. Regis Mohawk Treatment Court in Akwesasne, NY. Participants were able to observe staffing and court hearings at each site. These site visits were required by the TCIP grant and were designed to help the team that went get a better idea of how a family treatment court functions. Another objective of the TCIP grant that was completed was the gathering of community input regarding the Tribe’s child welfare system and how a family preservation model would be received by the tribal community. Community input was gathered by using surveys and interview with key stakeholders. The results of that input will inform the development process of the Family Preservation Court. VIII. CONCLUSION Each year the Tribal Judiciary and its employees work diligently to provide the highest quality and most efficient service to the Little Traverse Bay Bands Community. We hope that this report provides the community information that outlines our efforts in that endeavor. Page 27 of 44 As you will see in the attached Appendix, we have also taken the opportunity to share with you information related to the use of the Court and would encourage community members to utilize this option should the need arise. The LTBB Tribal Court appreciates the opportunity to serve the community. We welcome and encourage your questions, feedback, or comments on the services and programs that we provide. Court Administrator, Matthew Lesky, can be contacted by email at mwlesky@ltbbodawa-nsn.gov, by phone at (231) 242-1461, or at the office located at 911 Spring St. in Petoskey during normal business hours. Page 28 of 44 APPENDIX LTBB Tribal Court User Guide “Where can I find the LTBB Court rules and procedures?”  The LTBB Court rules and procedures, including the LTBB Criminal Procedures, LTBB Rules of Civil Procedure, and the Recognition and Enforcement of Foreign Court Judgments, can be found on the LTBB Website at http://www.ltbbodawansn.gov/Tribal%20Court/TribalCourtRules.html “How do I commence a civil action in Tribal Court?”  Civil actions begin by filing a civil complaint with the Tribal Court. Once a complaint has been filed, the filing party (or plaintiff) must prepare a summons to be served on the defendant. (See the LTBB Rules of Civil Procedure online for detailed instructions.) “What’s the difference between a civil action and a criminal action?”  Criminal actions are punitive enforcement measures initiated primarily by the Tribal Prosecutor, not private citizens, in the name of the People of the Little Traverse Bay Bands of Odawa Indians for violations of criminal law. Criminal law typically allows for the imposition of jail time as a punishment for breaking the law. On the other hand, civil actions generally involve private disputes between persons or institutions seeking monetary damages or injunctive relief requiring that an individual or organization do or not do something. “What cases may the Tribal Court hear?”  The Tribal Court is a court of general jurisdiction and hears all criminal and civil cases arising under the LTBB Constitution, Waganakising Odawa Tribal Code of Law (“WOTCL”), and any other source of applicable law. “Are there fees associated with filing actions in Tribal Court?”  Yes. There is a general filing fee of $25.00. Additionally, motion fees cost $10.00, jury demand fees cost $100.00, garnishment fees cost $15.00, and enforcement of foreign judgment fees cost $25.00. Please keep in mind, however, that individuals receiving Page 29 of 44 public assistance and other indigent persons may be entitled to a waiver of fees upon request. There is a change in fee for a wedding. Last year the Tribal Judiciary voted to eliminate the fee for a marriage. We love being a part of your special day! “Do my pleadings have to be formatted in a certain way?”  Yes. Pursuant to LTBB Rule of Civil Procedure VIII, Section 3, all pleadings must include a heading designating the Tribal Court and a caption designating the parties to the suit and the assigned court rule number, if any. Additionally, all pleadings must be doublespaced with one-inch margins on the left and right sides and two-inch margins on the top and bottom and submitted to the Court on 8.5” x 11” white paper. With the exception of discovery and motions, all pleadings must also be numbered to identify each allegation and shall separately number each paragraph. All affirmative defenses, counterclaims, or cross-claims must be separately set forth and clearly designated as such. “When are orders of the Tribal Court considered final?”  Orders of the Tribal Court are considered final when they are signed by the judge. An order is entered when it is filed in the office of the clerk of court. “What’s the difference between the LTBB Tribal Court and the LTBB Appellate Court?”  The LTBB Tribal Court is a trial court of general jurisdiction responsible for hearing criminal and civil cases filed under the LTBB Constitution, Waganakising Odawa Tribal Code of Law (“WOTCL”), and any other source of applicable law. It is the court where cases start, where witnesses are heard, where most evidence is presented, and where facts are determined. All Tribal Court cases are heard by a single judge. The Tribal Court is overseen by the Chief Judge of the LTBB. The LTBB Appellate Court is the court of last resort for the Tribe. It only hears cases that involve appeals from final orders of the Tribal Court. Unlike the Tribal Court, the Appellate Court does not make findings of fact, and is instead concerned only with determining whether the Tribal Court correctly applied the law at issue. Appellate Court cases are heard by a panel of three justices. The Appellate Court is overseen by the Chief Justice Sean Cahill of the LTBB. “Who is the Tribal Judiciary?”  The Tribal Court Judiciary consists of the Chief Judge, one Associate Judge, the Appellate Court Chief Justice, and the two Appellate Court Justices. Page 30 of 44 “Is the Tribal Court under the authority of the Tribal Chairman or Tribal Council?”  No. The Tribal Court is part of the LTBB Judicial Branch, which is an independent branch of the LTBB government established under Article IX of the LTBB Constitution. Under the LTBB Constitution, no person exercising the powers of any of the other two (2) branches of government may exercise powers properly belonging to the Judicial Branch of Tribal Government.  The LTBB Judicial Branch is overseen by the Tribal Judiciary. If you feel that any of the Judges of the Tribal Court or Justices of the Appellate Court have practiced unethical conduct, as defined by the LTBB Judicial Conduct Court Rules (see JCCR 5.201-5.207), you must fill out and submit a formal complaint using the Judicial Misconduct Complaint Form and submit your complaint to the Court Administrator. The complaint will then go under review by the Tribal Judiciary. Judicial Misconduct Complaint Forms can be accessed on the Judicial LTBB Website under Other Court Forms and can also be requested from the Court. “I am unsatisfied with an order of the Tribal Court. What next?”  All orders of the Tribal Court may be appealed to the Tribal Appellate Court within twenty-eight (28) calendar days after the entry of a final written order of the Tribal Court. Page 31 of 44 Frequently Asked Questions “Why is a state court order against me being enforced in Tribal Court?”  Pursuant to LTBB Court Rule 4.000-4.400, LTBB courts are required to recognize and enforce the judgments of a foreign court if that foreign court recognizes and enforces the judgements of LTBB Courts. In an effort to ensure that Tribal Court judgements and orders may be enforced in state courts, we have a Court rule requiring full faith and credit for state court orders. An individual can challenge a foreign court judgment by demonstrating that: o the foreign court lacked personal or subject matter jurisdiction over the individual; o the foreign judgment was obtained by fraud, duress or coercion; o the foreign judgment is repugnant to the public policy of the LTBB; or o the foreign judgment is not final under the laws and procedures of the foreign court. “When can my per capita check be garnished?”  Under the authority of the Revenue Allocation Plan (“RAP”) approved by the LTBB Tribal Council and the Bureau of Indian Affairs (“BIA”), per capita checks may only be garnished to provide funds to fulfill child support obligations. Moreover, only LTBB Courts, whether by way of an original action filed in Tribal Court or by an action seeking the enforcement of a foreign judgment in Tribal Court, may formally authorize garnishment of Tribal Citizens’ per capita funds. “Why do I lose child support payments when my child is placed out of the home due to no fault of my own?”  Under the Michigan Child Support Formula, child support generally follows custody of the child. That is to say that only parents with physical custody of their children are generally entitled to receive child support payments. The Court understands that such a rule can lead to harsh results for parents, particularly in juvenile justice matters where Page 32 of 44 children may be removed from a parent’s custody due to no fault of the parent. Specifically, as the result of the current rule, parents that have children temporarily removed from their custody lose access to crucial child support funds that were being used to provide safe and sound housing and other essential needs for their children. Recognizing the harsh consequences that the Michigan Child Support Formula places on parents in certain circumstances, and in consideration of the best interests of children, the Court has proposed that Tribal Council establish a renewable fund to help offset expenses of parents who have lost child support funds as a result of their children being temporarily removed from their custody due to no fault of their own. “When does the Tribal Court pay for drug screens and monitoring?”  Drug Screens: Tribal Court will pay for the drug screens of LTBB Citizens, upon the presentation of an LTBB Tribal ID Card. Additionally, in order to qualify for payment of drug screens through the Tribal Court, LTBB Citizens must have their drug screens performed at the LTBB Court or by LTBB Law Enforcement and under the supervision of LTBB Court staff or LTBB Law Enforcement staff. Tribal Court does not pay for drug screens of non-LTBB Citizens unless they are under the jurisdiction of the LTBB Tribal Court.  Monitoring: Tribal Court will pay for monitoring devices to be placed on any member of a Federally-recognized Indian tribe (as well as any associated costs) so long as placement occurs as a result of an individual’s involvement in a legal matter in Tribal Court (e.g. drug court). “Can Tribal Court staff provide me with legal advice?”  No. Although Tribal Court staff may provide procedural advice regarding rules, filing fees, and the court process generally, staff are prohibited from providing legal advice to clients due to ethical considerations designed to prevent the creation of conflicts of interest. Note, however, that Cherie Dominic staffs the Tribe’s Office of Citizen’s Legal Assistance (“OCLA”) located at the LTBB Government Center in Harbor Springs. While the OCLA will be available to assist Tribal Citizens with legal guidance and document drafting, the Office may neither appear in court on behalf of Tribal Citizens nor assist with issues that involve the Tribe. Page 33 of 44 Civil Case Filing Process Chart Civil Complaint & Summons Filed with the Court Clerk Plaintiff serves Defendant & files Proof of Service with the Court Request Entry of Default/Default Judgement No Answer is Filed within 28 days Default Judgement Defendant Files Answer within 28 days of Service Pre-Trial Conference is Scheduled Court Issues Scheduling Order Settlement/Mediation/Peacemaking /Alternate Dispute resolution Discovery Settlement Pre-Trial Conference Trial Briefs Witness & Exhibit Lists Page 34 of 44 Final Pre-Trial Pre-Trial Motions (If any) Party can request reconsideration of decision within 14 days of decision being issued. Criminal Case Filing Process Chart Alleged Crime is Committed Accused is Issued Citation and released Accused is arrested and booked into jail Case reviewed by Prosecutor to determine if charges will be filed Prosecution Declined In a Criminal proceeding the LTBB Tribal Court has the authority granted in the LTBB Court Rules, Chapter 1, "Rules of Criminal Procedure". Section 1.311, Right to request Alternative Dispute Resolution, gives the right of the tribal prosecutor or judge to at any point in the proceedings refer a pending matter to alternative dispute resolution. Criminal complaint is filed by Prosecutor with the Court Summons to Appear Issued to Defendant (If Necessary) Arrest Warrant Issued Arraignment is held Not Guilty Plea Page 35 of 44 Pre-Trial Conference Guilty or No Contest Plea Appellate Court Information The Tribal Appellate Court has jurisdiction over any case that has initially been heard by the Trial Court. After issuing a decision, order, or final judgment, a party to the action may make appeal to the Court, based on alleged error of law, procedural violation of the Constitution, laws or regulations enacted by Tribal Council, Court Rules, or a clear factual error. The Appellate Court is made of three Justices, appointed by Tribal Council, and meet as often as circumstances require. Rulings of the Appellate Court are final, binding, and cannot be appealed to the Tribal Council, Tribal Membership, or any jurisdiction. FREQUENTLY ASKED QUESTIONS OF THE LTBB APPELLATE COURT The Information below is based on the Appellate Court Rules of Procedure and does not constitute legal advice. “Where can I find the LTBB Appellate Court Procedures?”  The LTBB Tribal Judiciary adopted on 4/7/2002, Chapter 7 Court Rules, “Appellate Procedures” that provides information regarding the Appellate Court Procedures. They can be found on the LTBB Judicial Website. “How much time do I have to file my appeal?”  Unless an alternative timeframe is provided by the LTBB Constitution or Tribal Statute, an appeal to the Tribal Appellate Court in both civil and criminal cases must be filed no later than twenty-eight calendar days after the entry of the final written Tribal Court judgment, order, or decision. (LTBBRAP 7.401). “Who has the right to appeal?”  (a) In civil cases, any party adversely affected by a decision of the Tribal Court in a civil case may appeal. (b) In criminal cases, the defendant in a criminal case may appeal the judgment or sentence. The prosecution may appeal a decision to the extent it raises a question of law, rather than of fact. (LTBBRAP 7.303). “When reviewing an appeal, what is the scope of the Court’s review?” Page 36 of 44  1. Increase or decrease any sentence in a criminal case; 2. Affirm, modify, vacate, set aside or reverse any judgment, order or decision of the Tribal Court; 3. Award the costs of the appeal; or 4. Remand the case to the Tribal Court and direct entry of an appropriate judgment, order or decision, or require such further proceedings as may be just and equitable under the circumstances. (LTBBRAP 7.305). “How do I serve my Notice of Appeal?”  A copy of the Notice of Appeal shall be served on all other parties by the Clerk of the Tribal Appellate Court by first class mail. (LTBBRAP 7.403). “Is there a filing fee?”  There is a filing fee of $100.00 when filing a Notice of Appeal. If filing an Enrollment Appeal there is a fee of $25.00. Please also keep in mind that any motions that may be filed must also be filed with a $10.00 motion filing fee. (LTBBRAP 7.404). “Upon my filing of my Notice of Appeal does that automatically remain a Tribal Court proceedings?”  Upon notification of a request for stay, the Clerk will file notice with the Appellate Court prior to the docketing of the Appellate Scheduling Conference. (LTBBRAP 7.407). “What is the Appellate Scheduling Conference for?”  This is a conference between the Justices of the Appellate Court and the parties to determine need for oral arguments, briefing schedule and requirements, ordering of transcripts, waiver of filing fees and transcript cost, scheduling of motions, requested remedies and defining of issues. This is held on the record and a Scheduling Order will be issued following the conference. (LTBBRAP 7.408). “Does my brief have to be formatted a certain way?”  Yes. In the Appellate Procedures, Chapter 7, Court Rule 7.410(A) as amended on 10/31/2008, mandates that briefs shall be typewritten, double spaced, on white paper 8 ½ by 11 inches in size. With the exception of the title page, briefs must have typed page numbers on the center of the bottom of each page. No brief shall exceed 50 pages in length. Four copies of each brief shall be submitted to the Appellate Court. (LTBBRAP 7.410). “Are there timeframe guidelines that the Appellate Court uses for efficient process of Appellate Cases?” Page 37 of 44  There are guidelines for the administration and review of Appellate Cases, however, the guidelines are subject to modification based on the specific circumstances of individual appeal cases. 1. When a Notice of Appeal is filed with the Appellate Court, the Appellate Court Clerk should aim to prepare copies of the tribal court record and distribute copies of the Notice of Record of Transmittal within fourteen (14) days. 2. The Scheduling Conference should be scheduled for a date within fourteen (14) days of the distribution of the Notice of Record of Transmittal. 3. The following timeline should apply to the briefing schedule for most appeals. Again, if the circumstances warrant this can be modified: a. The Opening Appellate Brief deadline should be twenty-eight (28) days following the date of the Scheduling Conference; b. The Response Brief deadline should be twenty-eight (28) days following the deadline for the Opening Appellate Brief; c. The Reply Brief deadline should be fourteen (14) days following the deadline for the Response Brief. 4. If requested or deemed necessary by the Appellate Court, oral arguments should be scheduled for a date that is within fourteen (14) days following the deadline for the Reply Brief. TAKE NOTE: These are just guidelines. All timelines are set forth at the Appellate Scheduling Conference between the parties. The Scheduling Order that is issued following the conference will set forth all deadlines in the case on appeal for the parties. The Scheduling Order is a Court Order by the Appellate Court and the timeframes set forth on the order must be followed by the parties. “Does the Appellate Court have standards for computing time requirements?” Yes. In the Chapter 7 Appellate Procedures, Rule 7.601, states that in computing the period of time prescribed by these Rules or by any order of the Tribal Appellate Court, the day of the act or event from which the period begins to run is not included. The last day of the period is included, unless it falls on a Saturday, Sunday, or Tribal Holiday. In that event the last day of the period falls on the next regular business day. (LTBBRAP 7.601). “Who does the Tribal Appellate Court answer to?” Page 38 of 44  The Tribal Appellate Court is part of the Tribal Court System. The Judicial Branch of government is an independent branch of government that is constitutionally mandated under Article IX of the LTBB Constitution. The judicial power of the Little Traverse Bay Bands of Odawa Indians shall be vested in the Tribal Court system. Article IX, Section (H) of the LTBB Constitution mandates Judicial Independence. Subsection (1) Independent Branch of Government. The Judicial Branch shall be independent from the Legislative and Executive branches of the Tribal government and no person exercising the powers of any of the other two (2) branches of government shall exercise powers properly belonging to the Judicial Branch of Tribal Government.  The head of the Judicial Branch of government is the Tribal Judiciary. If you feel that any of the Justices of the Appellate Court have practiced unethical conduct, as defined by the LTBB Judicial Conduct Court Rules (see JCCR 5.201-5.207) you must fill out and submit a formal complaint using the Judicial Misconduct Complaint Form and submit it to the Court Administrator. The complaint will then be reviewed by the Tribal Judiciary. Judicial Misconduct Complaint Forms can be accessed on the Judicial LTBB Website under Other Court Forms and can also be requested from the Court. Page 39 of 44 Appellate Case Filing Process Chart Civil Judgement or Criminal conviction Notice of Appeal is filed Record on Appeal is Transmitted to the Appellate Scheduling conference is scheduled and the parties noticed Preparation & Filing of briefs by the Appellant & Appellee within the timeframe set forth on the Scheduling Order Any motions filed by due date on Scheduling Order are heard by the Appellate Court Oral Arguments are held or waived Decision is rendered by the Appellate Page 40 of 44 Court (Judgement Affirmed, Reversed, Remanded or Appeal Dismissed) FREQUENTLY ASKED QUESTIONS FOR REINSTATMENT OF DRIVING PRIVILEGES “Am I eligible to receive a Sobriety Court restricted license?”  A Sobriety Court determines whether you are eligible and accepts you into their Sobriety Court program. You may be eligible if you were arrested for an alcoholrelated offense on or after Jan 1, 2011, have a prior alcohol conviction(s), and are approved by a Sobriety Court. “Who can authorize a Sobriety Court restricted license?”  Only certain courts within the State of Michigan meet the requirements for a Sobriety (DWI) Court. Please visit the State Court Administrative Office website for specific information. “If a Sobriety Court approves me for a Sobriety Court restricted license, do I have to mail or bring documentation to a Secretary of State office?”  The Sobriety Court will notify the Secretary of State directly. If you are eligible and your license has not expired, the Secretary of State will mail the Sobriety Court restricted license to you. You will not need to provide any additional documentation to the Secretary of State.  However, if your license is expired, you will receive a letter authorizing your renewal at a Secretary of State office. After you have completed the renewal process, the Secretary of State will mail the Sobriety Court restricted license to you. “How soon can I start driving after the Sobriety Court tells me I have been approved for a Sobriety Court restricted license?”  You may not drive until the beginning date shown on the Sobriety Court restricted license that you will receive in the mail. The law requires you to serve a minimum of 45 days without a license. The 45-day minimum waiting period starts on the beginning date of the suspension or denial/revocation shown on your Order of Action and driving record. “Do I need to have an ignition interlock on every car that I own?”  The law requires you to have an ignition interlock device installed on each Page 41 of 44 vehicle you own or operate. “Am I allowed to drive to get the ignition interlock installed?”  Only if your license is not currently suspended, revoked or denied. The Sobriety Court law does not have any special provisions for driving to have the ignition interlock installed. “Where can I go to have the ignition interlock installed on my vehicle(s)?”  The Sobriety Court will provide you with a list of currently approved ignition interlock providers “If I receive a driver license suspension, revocation, or denial after I receive the Sobriety Court restricted license, what happens to my driving privileges?”  You are not permitted to drive until the new suspension, revocation, or denial is cleared.  After the suspension, revocation or denial is cleared or terminated, you may resume driving with your Sobriety Court restricted license unless the Sobriety Court has ordered your removal from the Sobriety Court program. “Am I permitted to drive after I successfully complete the Sobriety Court program?”  After successful completion of the Sobriety Court program, you will continue with the Sobriety Court restricted license until the Administrative Hearings Section of the Michigan Department of State grants full driving privileges. “Can I get my Sobriety Court restricted license back if the Sobriety Court removed me from the program?”  The law does not permit a Sobriety Court to reinstate a Sobriety Court restricted license for the same alcohol offense. “What happens if I do not successfully complete the Sobriety Court program?”  If you do not successfully complete the Sobriety Court program, you are subject to all suspensions, revocations, or denials that were in effect before your entrance into the Sobriety Court program.  You will also be responsible for any unpaid Driver Responsibility Fees that were not collected while you were in the program. Page 42 of 44 “If I receive a Sobriety Court restricted license, what happens to my Driver Responsibility Fees?”  You are still responsible for paying any Driver Responsibility Fees (DRF) based on points and non- alcohol related offenses (e.g. No Proof of Insurance). The Department of Treasury will not actively pursue collection of DRF fees based on alcohol convictions until you are no longer in the program. “What will show on my driving record while I am under the Sobriety Court restricted license?”  Your driving record will still show your driving history, including all your tickets, points, suspensions, revocations, and denials. You may request your driving record by fax, phone, or mail. “Do I have to provide the Secretary of State with proof that I have installed an ignition interlock device on my vehicle(s)?”  The Sobriety Court will inform the Secretary of State that the ignition interlock device(s) have been installed in the vehicles you own and operate. You do not have to provide any documentation of ignition interlock installation to the Secretary of State. “Can I have the ignition interlock device(s) removed after I successfully complete the Sobriety Court program?”  You must keep the ignition interlock device(s) installed until the Administrative Hearings Section of the Michigan Department of State grants full driving privileges. “If I already have an ignition interlock device(s) installed on my vehicle(s), can I use it?”  You must contact the Sobriety Court that authorized your Sobriety Court restricted license to determine whether the device(s) is from a state-approved ignition interlock provider and acceptable for their program. “May I drive for work with my Sobriety Court restricted license?”  Driving as part of your job (e.g., driving a taxi, school bus, or delivery service) Page 43 of 44 is a violation of the terms of your Sobriety Court restricted license, but driving to and from work is permitted. The Sobriety Court restricted license law does not allow driving “in the course of employment.” “Where can I drive on my Sobriety Court restricted license?”  The Sobriety Court restricted license permits you to drive to and from any combination of the following: your residence, your workplace, your school, and an alcohol or drug education or treatment program as ordered by the court. You must carry proof of the destination and hours with your Sobriety Court restricted license. “Can I obtain a Sobriety Court restricted license if I have a Commercial Driver License (CDL)?”  A CDL driver may receive a Sobriety Court restricted license but is prohibited by federal and state law from operating a commercial motor vehicle with a restricted license. “How can I get full driving privileges restored after I successfully complete the Sobriety Court program?”  You may request a hearing with the Administrative Hearings Section of the Michigan Department of State to restore full driving privileges after the minimum periods for all suspensions, revocations, and denials on your driving record have passed. You may request your driving record by fax, phone, or mail. Page 44 of 44 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3Ae83e7f8de59d2dd9. Public record. Not legal advice.