Lower Elwha Housing Authority v. Charles, (2007)

• Court: Lower Elwha Tribal Court of Appeals
• Writing for the Court: LISA ATKINSON, CHIEF JUDGE.
• Decision Date: 20 August 2007
• Docket Number: CV 06-07-003
• Citation: Lower Elwha Housing Authority v. Charles (Lower Elwha Tribal Ct. of App. 2007)
• Parties: LOWER ELWHA HOUSING AUTHORITY, PETITIONER AND APPELLEE, v. MONICA CHARLES, RESPONDENT AND APPELLANT.

LOWER ELWHA HOUSING AUTHORITY, PETITIONER AND APPELLEE, v. MONICA CHARLES, RESPONDENT AND APPELLANT.

No. CV 06-07-003

The Lower Elwha Tribal Court of Appeals Lower Elwha Indian Reservation

August 20, 2007

SYLLABUS BY THE COURT

SYLLABUS^*fn1

Trial court issued order of eviction and writ of restitution in favor of the Housing Authority. Court of Appeals, noting that there is no evidence establishing that the trial court judge is Indian, as required by this tribe's code, grants the Housing Authority's motion to vacate the trial court order and dismisses the appeal as moot.

OPINION

LISA ATKINSON, CHIEF JUDGE.

The Court of Appeals has before it the Motion of Lower Elwha Housing Authority for Vacation of Tribal Court Judgment and Other Relief. The Motion requests that this court vacate the trial court judgment in this matter and dismiss both the Housing Authority's original civil complaint and the appeal pending herein, or in the alternative, direct the trial court to do so or enter such other order as the Court of Appeals deems appropriate to achieve these ends. The Motion appears to be motivated by the Housing Authority's concern that the trial court was not "properly constituted." As the Court of Appeals noted in its Order accepting this appeal, the Lower Elwha Court Procedures Ordinance, Section 1.7, requires Lower Elwha judges to be Indian and, to the best of this Court's knowledge, the trial judge in this matter is not Indian.

The Lower Elwha Court Procedures Ordinance, Section 7.M.3 provides that the Chief Appeals Judge may rule on a motion alone.

The Court of Appeals grants the Motion. Without briefing or evidence that demonstrates that the trial judge is Indian and therefore qualified to serve as a judge of the...