Johnnie v. Name Unknown, (1990)

• Decision Date: 16 March 1990
• Docket Number: O-Y-5/89-0151,NOO-Y-5/89-0151
• Citation: Johnnie v. Name Unknown (Nooksack Tribal Ct. of App. 1990)
• Parties: BETTY JOHNNIE v. NAME UNKNOWN
• Court: Nooksack Tribal Court of Appeals

BETTY JOHNNIE v. NAME UNKNOWN

No. NOO-Y-5/89-0151

The Nooksack Tribal Court of Appeals Nooksack Indian Reservation Deming, Washington

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.

Before: 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...