In re Welfare of Penn, (2000)

• Decision Date: 15 December 2000
• Docket Number: CHE-CIV-11/99-230
• Parties: IN RE THE WELFARE OF: RUTH ANN PENN, TRIBAL ELDER
• Court: Chehalis Tribal Court of Appeals

IN RE THE WELFARE OF: RUTH ANN PENN, TRIBAL ELDER

No. CHE-CIV-11/99-230

Chehalis Tribal Court of Appeals

December 15, 2000

SYLLABUS BY THE COURT

Because no final order was issued by trial court, Court of Appeals denied the appeal as not ripe for review.

Before: Darwin S. Long Fox, Chief Justice; Lisa E. Brodoff Justice; Lorintha Warwick, Justice.

OPINION

This matter came before the Chehalis Tribal Court of Appeals pursuant to a Notice of Appeal filed by Virginia Garity(hereinafter, "Garity").Although Garity does not specifically state as such, it appears she appeals from the October 9, 2000 Review Order of the trial court.

Garity's appeal is two-fold.First, she requests a judicial decision to determine whether Joyleen Klatush, case manager for Chehalis Tribal Family Services, is "in compliance with the license requirements under the differing jurisdictions in this matter."Second, she requests a judicial decision to determine whether sufficient documentation exists to demonstrate a conflict of interest regarding Klatush's fiduciary duties, and her private interests elsewhere.

This appeal is not ripe for review at this time.The issues Garity raises have not yet been addressed at either the administrative or trial levels.This Court, therefore, does not have a final order, a record of proceedings, nor a list of possible errors of law or procedure to review.

The issues in Garity's appeal have not been addressed at the trial level in order for it to render a final order.Under the Chehalis Appellate rules, "[a]n aggrieved party who claims, in good faith, that the Chehalis Court of Justice made an error of law or procedure which affected the outcome of the case may seek review in the Court of Appeals of any final order..."(Italics ours.)Chapter 5.3.01.Garity must exhaust all possible remedies before this appeal can reach the level of this Court.Perhaps she should first consider the administrative level where Family Services could replace Klatush with another case manager.If this is not an option, Garity can then file a claim where the trial court can address these issues.Should Garity not agree with that decision, she can finally file a notice of appeal where this Court can review the trial court's final order.

This Court also does not have a record or proceedings nor a list of possible errors of law or procedure to limit its review in this matter.Under the Chehalis Appellate Rules, "[t]he ...