1 NICS App. 95, Johnnie v. Name Unknown (March 1990)
IN THE NOOKSACK TRIBAL COURT OF APPEALS
NOOKSACK INDIAN RESERVATION
DEMING, WASHINGTON
Betty Johnnie v. Name Unknown
No. NOO-Y-5/89-0151 (March 16, 1990)
SUMMARY
The Court of Appeals denied the petitioner's request to appeal a custody case because she did not attach birth certificates or a sworn affidavit as required by the tribal code.
FULL TEXT
|
Chief Judge Emma Dulik, Judge Elbridge Coochise and Judge Elizabeth Fry. |
DULIK, Chief Judge:
This matter came before this appellate court on request of the petitioner, Betty Johnnie, for permission to appeal custody case No. NOO-Y-5/89-0151. The court, having met with tribal elders, and having held a telephone conference call with the petitioner, finds good cause to deny the request for permission to appeal for the reasons set forth below.
I.
This court finds the petition to be defective in its entirety for two reasons. There were no birth certificates attached to the petition, though the appellate court requested this twice from the petitioner, and there was no sworn affidavit filed with the petition.
The Nooksack Tribal Code Section 15.08.050 requires that a birth certificate be attached to the petition:
... A true and correct copy of the Youth's birth certificate shall be attached to the petition.
Furthermore, the petition was defective because there was no sworn affidavit filed with the petition. Such an affidavit is required pursuant to Nooksack Tribal Code Section 15.08.050:
The mother shall file with the petition an affidavit (sworn statement) containing facts which support the petition, written in her own words.
1 NICS App. 95, Johnnie v. Name Unknown (March 1990) p. 96
It is important to file birth certificates with the petition so that the court can ascertain whether the father is listed on the birth certificates for purposes of notice.
It is important to file a supporting affidavit so that the court has sufficient information with which to apply the statute in a fair manner.
II.
For the aforestated reasons, this court denies the request for permission to appeal and remands this matter to the trial court for any further action.
It is so ordered.