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Attorney: Heather Kendall Miller
Case Update
On January 3, 2005 the Villages of Taana, Nulato, Akiak, Kalskag, Lower Kalskag and Kenaitze along with Theresa and Dan Schwietert filed a complaint against the State of Alaska, Attorney General Greg Renkes, and various state agencies challenging the policy adopted by the Attorney General of Alaska that state courts have exclusive jurisdiction over child custody proceedings involving Alaska Native children and Tribes in Alaska do not have concurrent jurisdiction to hear children's cases unless (1) the child's tribe has successfully petitioned the Department of Interior to reassume exclusive or concurrent jurisdiction under the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1918 or (2) a state superior court has transferred jurisdiction of the child's case to a tribal court in accordance with 26 U.S.C. §§1911(b).
On May 30, 2007 Judge Tan issued an opinion in the Tribe's favor rejecting all of the State's arguments. Judge Tan held that Alaska Tribes possess inherent power to adjudicate proceedings involving member children. The Tribes have moved for injunctive relief to prohibit the state and its agency's from denying full faith and credit to tribal court decrees pending appeal to the Alaska Supreme Court. The State has moved for entry of final judgment with a stay of the superior court ruling while the case goes up on appeal. Judge Tan has set oral argument on for December 5, 2007.
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