1 NICS App. 48, Squaxin Island Tribe v. Aleshire (June 1989)

IN THE SQUAXIN ISLAND TRIBAL COURT OF APPEALS

SQUAXIN ISLAND INDIAN RESERVATION

SHELTON, WASHINGTON

Squaxin Island Tribe v. Gerald "Rocky" Aleshire

No. SQI‑Ci‑4/89‑608 (June 26, 1989)

SUMMARY

Although appellant filed a timely notice of appeal, he did not specify his grounds for appeal or allegations of mistake by the trial court. However, in order to preserve his ability to obtain review and rectification of any errors, the Court of Appeals denied the appellee-Tribe's motion to dismiss, and granted its alternative motion for more specific reasons.

FULL TEXT

Before:

Squaxin Island Court of Appeals, Judge Elbridge Coochise.

ORDER ON MOTION TO DISMISS APPEAL OR FOR MORE SPECIFIC REASONS

This matter having come before the Court on the 26th day of June, 1989, on the ex parte motion of the Appellee, Squaxin Island Tribe, by and through its prosecuting attorney, Ric Kilmer, to Dismiss Appeal or in the alternative, for More Specific Reasons.

The Court having read the Appellee's written motion, reviewed the court file, and the pertinent Squaxin Island tribal laws and procedure finds:

1.    Under Squaxin Island Appellate Procedure:

"Any person who claims in good faith, that the Squaxin Island Tribal Court made a mistake in interpreting the law or a mistake in procedure which affected the outcome of a case shall have the right to appeal from the final judgment..."

"A party may notify the clerk that he/she appeals and the grounds for the appeal either orally or in writing. Within the next five days, the clerk shall prepare a written notice of appeal and send or give a copy of it to the trial judge and to all parties. The notice of appeal shall contain the nature of the judgment appealed from, and the reasons why the party appealing thinks the court made a mistake.” Squaxin Island Court

1 NICS App. 48, Squaxin Island Tribe v. Aleshire (June 1989) p. 49

Procedures Ordinance, Rules of Appellate Procedure.

4.    While the Court finds that a granting of the Motion to Dismiss would result in denial of the Appellant's right to appeal, and result in his inability to obtain review of the trial court's judgment to determine whether a mistake of procedure or law had occurred, with rectification to the problems, if deemed necessary; the Court is inclined to grant the Appellant's alternative, Motion for More Specific Reasons, thereby giving Mr. Aleshire an opportunity to supplement his appeal with good faith claims, specifying the alleged mistake(s) and its effect upon the case's outcome, and ultimately provide the Court with the information necessary to determine whether appellate review should be granted.

Therefore it is hereby ordered:

1.     The Appellee's Motion to Dismiss Appeal is hereby DENIED.

Such information is to be provided to the Court, by Mr. Aleshire within (15) days, and in any event, no later than July 14, 1989.