Adams v. Skokomish Indian Tribe, (1990)

• Court: Skokomish Tribal Court of Appeals
• Writing for the Court: WARD, ASSOCIATE JUSTICE
• Decision Date: 04 January 1990
• Docket Number: SKO-CrF-9/86-0127,SKO-CrF-10/86-0154,SKO-CrF-10/86-0155
• Citation: Adams v. Skokomish Indian Tribe (Skokomish Tribal Ct. of App. 1990)
• Parties: RICHARD M. ADAMS JR. v. SKOKOMISH INDIAN TRIBE

RICHARD M. ADAMS JR. v. SKOKOMISH INDIAN TRIBE

Nos. SKO-CrF-9/86-0127, SKO-CrF-10/86-0154, SKO-CrF-10/86-0155

Skokomish Tribal Court of Appeals Skokomish Indian Reservation Shelton, Washington

January 4, 1990

Appearances: Ric Kilmer, Prosecutor for the Skokomish Indian Tribe.

Before: Associate Justices David Ward, Emma Dulik, and Rose E. Purser.

APPELLATE OPINION

WARD ASSOCIATE JUSTICE

SUMMARY

In an appeal from an order of contempt of court for failure to pay fines and restitution, the Court of Appeals held that a Notice of Appeal was untimely where it was filed one month after the order to make payments was entered orally, two weeks after it was filed, and the 10 day period in which to file an appeal had expired.

Richard M. Adams filed a Notice of Appeal in these cases after he was found in contempt of court. Briefs were requested by the appellate panel and a brief was received from the Skokomish Tribe. The Appellate Court convened on June 21, 1989. Richard M. Adams was not present. The Skokomish Tribe was represented by its Prosecutor, Ric Kilmer. The Skokomish Tribe argued the appeal should be dismissed since it is untimely and Richard M. Adams was not present on June 21, 1989.

The proceedings and facts about this appeal will be discussed.

The Skokomish Tribe properly argued timeliness and the absence of the appellant; and the appeal will be dismissed.

Several proceedings occurred before the appeal was filed and these proceedings will be discussed.

At a hearing on February 9, 1989, Richard M. Adams was found to be in contempt of court for failure to make payments on fines and restitution in these cases. The Order for Contempt was filed in Skokomish Tribal Court on February 23, 1989. The contempt order suspended 90 days in jail on specified conditions. On an oral motion by Richard M. Adams a hearing occurred on March 9, 1989.

The transcript of this proceeding concerns assertions about the inability of the Appellant to pay the fines or perform community service. The order which was signed on March 21 1989, indicates the Appellant requested a reconsideration of the contempt order. The order also continued the cases stayed the bench warrant, and the Appellant was advised of his right to appeal the contempt sentence.

On March 9, 1989 a Notice of Appeal was filed by Richard M Adams (hereinafter Appellant). The handwritten document was attached to the Notice as follows:

I Richard Adams, would like to appeal the Judgment Order of contempt by Judge Roe on the grounds that the time payments are to [sic] high and there is no possible way to pay $250.00 a month.

I have just got out of prison October 30, and am trying to get my feet on the ground and have my own apartment and court obligations in 3 other counties besides this one and I need to fulfill there [sic] needs as well as the Court's. I thank you in your cooperation in this matter ....

Bye [sic] first talking to the Judge I would like to appeal the whole decision in this case on the account I have been incarcerated through the whole time this has been in effect. I again thank you in your cooperation in this matter.

Before considering the arguments of the Appellee two other procedural issues deserve consideration. The Skokomish Tribal Code is specific about the right to appeal. Section 406, Rule 2, "Right to Appeal" provides:

Any person who claims, in good faith, that the Skokomish 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.

The handwritten document...