Issues are ripe for resolution
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Editor,
This is a letter to the Tribal Membership, on behalf of myself, spokesperson for The People’s Voice, Inc.
As most of you have heard by now, the referendum complaint filed in Tribal Court has been dismissed by B.J. Jones Pro Tem, hired by the tribes to litigate this complaint. In his final decision, Judge Jones states, “Now of course, nothing in this decision would prevent the plaintiff (The People’s Voice, Inc.) and its members from seeking to challenge by referendum any future action of the defendant (Confederated Salish and Kootenai Tribes) to expend the balance of the Salazar settlement not distributed heretofore per capita. If the defendant then refuses to recognize a lawful petition seeking to challenge that decision, the legal issues pertaining to sovereign immunity raised herein would be ripe for resolution. This lawsuit does not present them however and thus must be dismissed.”
The document is worded:
Where it is hereby ordered, adjudged and decreed that this action is dismissed both for failure to state a claim upon which relief can be granted and on tribal sovereign immunity grounds and it is further ordered, adjudged and decreed that the remaining motions to strike and for partial summary judgment are denied on mootness grounds.
Explanations: plaintiff - The People’s Voice, Inc.; defendant - Confederated Salish and Kootenai Tribes.
The judge is saying we can present another referendum, but our wording needs to be applicable.
If the tribes refuse to recognize a lawful petition seeking to challenge that decision, the legal issues pertain to sovereign immunity raised herein would be ripe for resolution.
The tribes tried to make The People’s Voice pay for part of the summary judgment. The judge denied this on moot grounds. (This means open to discussion or debate; of little or no practical value; or meaning purely academic.)
Jeri Roullier
St. Ignatius
