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FRANCIS V: Maine Law Court Says Tribe Had Exclusive Jurisdiction

by Paul Thibeault, Esq. Wabanaki Legal News, Spring 2009 edition The State's highest court has made a final decision in the long legal battle between Pamela Francis and the Pleasant Point Passamaquoddy Housing Authority. On December 11, 2008 the Supreme Judicial Court (also known as the Law Court) held that the state courts had no jurisdiction and that the tribal court had exclusive jurisdiction over the case because it involves internal tribal matters. The com more...

Limited Results from Tribal-State Work Group

Wabanaki Legal News, Winter 2009 by Paul Thibeault The Maine Indian Claims Settlement has not lived up to its original potential to improve conditions for Indian people living in poverty in Maine's tribal communities. The Settlement was intended to create a flexible and effective relationship between the Tribes and the State. The express language of the settlement legislation anticipated and consented to future amendments concerning the allocat more...

Maine Supreme Court Decides Francis IV

Wabanaki Legal News, Winter 2008 by Paul Thibeault, Esq. & Michael Guare, Esq. Since 1996, Pamela Francis, the former Executive Director of the Pleasant Point Passamaquoddy Housing Authority, has been trying to sue the Housing Authority, its former Executive Director, Colleen Dana-Cummings, and several other members of the Passamaquoddy Tribe.  Ms. Francis' case began with her termination from her position as Executive Director and evo more...

Micmacs Lose Critical Federal Case On Tribal Sovereignty

Wabanaki Legal News, Winter 2009 by Paul Thibeault The Aroostook Band of Micmacs has lost its long-standing court battle about the authority of the State of Maine to enforce its employment laws against the government of the Band.  In the case of Aroostook Band of Micmacs v. Ryan, the Federal Court of Appeals overturned a 2005 lower court decision.  The Federal Appeals Court held that the Maine Human Rights Commission has jurisdiction over more...

Tribal Appeallate Court Victory

Wabanaki Legal News, 2007 edition On February 19, 2007 the Passamaquoddy Appellate Court upheld the dismissal of an eviction action filed by the Housing Authority at Indian Township. The tenant was represented by the Native American Unit. Previously the trial judge, Rebecca Irving, had dismissed the complaint on the grounds that the Housing Authority had failed to provide the tenant a proper notice of termination as required by its own written poli more...

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