Colville Confederated Tribes v. Louis-Williams, (2023)

• Docket Number: AP23-003
• Decision Date: 01 June 2023
• Citation: 8 CTCR 30, 16 CCAR 10
• Parties: COLVILLE CONFEDERATED TRIBES, Appellant, v. Melissa LOUIS-WILLIAMS, Appellee.
• Court: Colville Confederated Tribes Court of Appeals

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8 CTCR 30, 16 CCAR 10

COLVILLE CONFEDERATED TRIBES, Appellant, v. Melissa LOUIS-WILLIAMS, Appellee.

No. AP23-003

Colville Confederated Tribes Court of Appeals

June 1, 2023

Trial Court Case No. CR-2018-41032.

Tim Rybka, Attorney, for Appellant.

Mark Carroll, Attorney, for Appellee.

Before Hon. Anita Dupris, Hon. Theresa M. Pouley, and Hon. R. John Sloan Jr.

Dupris, C.J.

PROCEDURAL HISTORY

On March 2, 2018 Appellant filed a criminal complaint against Appellee alleging one count of Misuse of Public funds, CTC § 3-1-132, one count of Fraudulent Use of a Credit Card CTC § 1-3-49, and three counts of Obstructing Justice CTC § 3-1-134. Appellant hired an outside spokesperson to prosecute the case. On April 26, 2018, Appellant filed an Amended Complaint on the same charges. On January 17, 2018 then Chief Judge Steckel admitted Mr. Rybka to practice in the Colville Tribal Court.

Appellee brought her issues before the Trial Court through several motions to dismiss the charges against her and appealed the rulings of the Trial Court denying the motions to dismiss. We entered an Opinion Order on November 16, 2018 dismissing the Appeal, affirming the Trial Court, and remanding the case to the Trial Court.

Appellee/defendant filed a motion to dismiss the case on April 29, 2019 alleging Appellant's Special Prosecutor, Tim Rybka, was not a member of the Colville Tribal Court Bar and, therefore could not represent Appellant. On May 22, 2019 Chief Judge Steckel held that Mr. Rybka had met the minimum requirements of being a member of the bar set out in CTC § 11-181, the Tribes specifically hired him to represent the Tribes in this case as a special prosecutor, and the Chief Judge had the authority, when necessary, to waive the requirement that Mr. Rybka take a bar exam. Mr. Rybka signed a Spokesman's Oath on May 9, 2019 and Chief Judge Jordan admitted him to practice before the Colville Tribal Court by Order dated May 22, 2019.

Appellee filed an Interlocutory Appeal on the May 22, 2019. The Interlocutory Appeal was denied by Order dated June 13, 2019; we found that the issue did not rise to the high standards of interlocutory review of an order as set out in COACR 12-A and CTC § 1-2-117. We found the "Code provides for admission of bar members by the Court. There is nothing to restrict (or define)the procedures for doing so, leaving it to the discretion of the Court."

Appellee has continued to challenge Mr. Rybka's representation of the Tribes/Appellant, asking that the criminal charges be dismissed because Mr. Rybka was not qualified to represent litigants in the Tribal Court. She relies on CTC § 1-1-180. On August 16, 2022 Associate Judge Kelley granted Appellee's Motion to Dismiss the Complaint against her holding that on March 2, 2018 and April 26, 2018, the operatives dates of the filing of the Complaint and the Amended Complaint respectively, Mr. Rybka was not a member of the Colville Tribal Court Bar.

Appellant filed a timely Appeal on the issue. The Initial Hearing was held on April 21, 2023, at which time we reversed and remanded the case to the Trial Court. The reasoning of the decision is set out below.

ISSUE AND STANDARD OF REVIEW

The issue before us is a question of law, that is, is Mr. Rybka a legal member of the Colville Tribal Court Bar? The standard of review is de novo. CCT v. Naff, 2 CCAR 50 (1995).

DISCUSSION

We are asked to overturn the Trial Court's latest finding regarding Mr. Rybka's status as a Spokesperson eligible to practice in the Coville Tribal Court. It appears Appellee had filed at least nine Motion to Dismiss at the Trial Court for various reasons, and the case had been before at least five Judges throughout the pendency of the case.

According to Appellant's Motion to...