16 NICS App. 23, MORRISON v. HENRY-GONZALEZ (July 2018)

IN THE TULALIP TRIBAL COURT OF APPEALS

TULALIP INDIAN RESERVATION

TULALIP, WASHINGTON

Robert Morrison, Respondent/Appellant,

v.

Jessie P. Henry-Gonzalez, Petitioner/Appellee.

NO.    TUL-CV-AP-2017-0448 (July 16, 2018)

SYLLABUS*

Appellant timely filed appeal of an Order for Protection - Domestic Violence. Court of Appeals dismissed appeal for appellant’s failure to state a reason or ground for the appeal as required by the tribe’s code. Court of Appeals set out the standards for accepting a Notice of Appeal.

Before:

Daniel A. Raas, Chief Justice; Ric Kilmer, Justice; John C. Sledd, Justice.

Appearances:

Robert Morrison, pro se; Lori Guevara, Tulalip Office of Civil Legal Aid, for the Appellee.

OPINION

Raas, C.J.:

Appellant Robert Morrison timely appeals an Order for Protection – Domestic Violence obtained by Appellee Jessie P. Henry-Gonzalez.1 The Tulalip Tribal Code. TTC 2.20.020 and .030 mandate review of the Notice of Appeal before the appeal is accepted. This Opinion sets out the standards accepting a Notice of Appeal.

Considerations in Accepting an Appeal

16 NICS App. 23, MORRISON v. HENRY-GONZALEZ (July 2018) p. 24

The Tulalip Board of Directors has the power to provide for the administration of justice. Constitution, Art. VI, Sec 1 K. The Tulalip Tribal Code is the one of the ways that this power is exercised. When this Court interprets the Code, it is guided by the rules for interpretation, which includes TTC 3.05.030(b)-(d)2.

Before accepting any appeal, this Court must determine if Appellant has complied with TTC 2.20.020(1):

(1) Who May Appeal. Any party who claims, in good faith, that the Tulalip Tribal Court made a mistake in interpreting the law or a mistake in procedure which affected the outcome of the case shall have the right to appeal. (emphasis added)

The Appellant must also submit a Notice of Appeal that meets the requirements of TTC 2.20.030(2):

(2) Form. The Notice of Appeal must specify the party or parties taking the appeal and designate the judgment, order, or part thereof being appealed. The Notice of Appeal must also state the reason or grounds for appeal. The party filing the appeal shall attach the appealable order to the Notice of Appeal. All filings submitted by mail shall be clearly marked “Court of Appeals” on the envelope. (emphasis added)

To satisfy both of these requirements, an Appellant’s Notice of Appeal, together with appropriate attachments and supplements, must include two things: (1) the reasons or grounds for appeal and (2) the mistake(s) in interpreting the law or the mistake(s) in procedure which the Tribal Court allegedly made in arriving at the decision which is being appealed. Not every decision is appealable. There must be at least a brief explanation of the grounds or reasons for the appeal tied to the claimed error(s) of the Tribal Court. People with legal training often use terms to describe both the reasons and the claimed mistakes that underlie the appeal. However, persons without legal training frequently lack this vocabulary.

Other portions of the Tulalip Tribal Code inform this Court’s deliberations as to whether to accept an appeal:

2.05.030 General provisions.

16 NICS App. 23, MORRISON v. HENRY-GONZALEZ (July 2018) p. 25

(1) Purpose and Construction. The provisions of this title and TTC Title 3 shall be construed in accordance with Tribal custom as well as to achieve the following general goals:

(a) To secure the just, speedy, and inexpensive determination of every civil action;

(b) To provide for the just determination of every criminal proceeding;

(c) To protect the rights of individuals;

(d) To secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay; and

(e) To enhance public safety on the Tulalip Reservation

The bold faced text is relevant to this appeal.

TTC 2.1.2 Tulalip Vision and Values, requires this Court, in all aspects of the judicial process, to consider, among other values of the Tribes, that “We will arrive when each and every person has become most capable” TTC 2.1,2 A) iii), and that respect is to be shown to every individual, TTC 2.1.2 B) v).

Taken together, this Court is charged with respecting the dignity and rights of all litigants who appear before it, including prospective Appellants without a legal background. This includes interpreting an Appellant’s non-technical language when the meaning is plain, even though it is not what is used by law trained persons. This Court must interpret the Constitution and Bylaws of the Tulalip Tribes and the Tulalip Tribal Code to give effect to each provision, ignoring none. TTC 3.05.030(b)-(d). Thus, an acceptable Notice of Appeal, including attachments, must comply with TTC 2.20.020 and .030. A generic statement that the Tribal Court made a mistake and/or an error is insufficient. The mistake or error must be specifically identified. The Court of Appeals will not search the record to find possible errors or grounds for appeal; that is the duty of the appealing party. Further, the Notice of Appeal must also state how any such mistake by the Tribal Court in interpreting the law, or error in procedure, affected the outcome of the case.

Does Appellant’s Notice of Appeal Meet the Standards for Accepting His Appeal?

Appellant’s Notice of Appeal gives this as “The reason(s) I am appealing are3 ‘the P.O. (Protective Order’) served upon me, 12-17-18, was unfair, bias reason, with Prejudice and with (sic) Probable Cause, and that the documents filed by Jessie Henry & her attorney were all falsified and committed Perjury.’”

16 NICS App. 23, MORRISON v. HENRY-GONZALEZ (July 2018) p. 26

None of these points are a ‘reason’ or ‘ground’ for appeal. There are general assertions that the result is unfair and the product of bias and perjury by the opposing party, but no claims of mistake in legal interpretation or procedure (including bias or perjury) committed by the Tribal Court. This Court is invited to search the record to discover any improper acts or failures to act by the Tribal Court that affected the Court’s Findings of Fact, Conclusions of Law, or final Protective Order. The Appellant is clearly angry and feels that the Protective Order was unfair to him, but the Notice of Appeal does not meet the requirements of the Tulalip Tribal Code, TTC 2.20.020 and .030.

The appeal is DISMISSED.

*

The syllabus is not a part of the Court’s Opinion. The syllabus is a summary of the Opinion prepared by the publishers of this reporter only for the convenience of the reader. Therefore, the syllabus should not be cited in whole or part as legal authority. Only the Opinion, which follows the syllabus, may be cited as legal authority.


1

Appellant’s December 18, 2017, Notice of Appeal states he is appealing the Order served upon him on December 13, 2017, but he attached a Temporary Protection Order dated November 29, 2017. TTC 2.20.030(2) requires attaching a copy of the Order or Judgment being appealed. However, given the explicit reference to the December 13, 2017, Order in the Notice of Appeal, and following our previous practice, the Notice of Appeal substantially satisfies the Code requirements.


2

TTC 3.05.030(b)-(d):

(b) Words shall be given their plain meaning and technical words shall be given their usually understood meaning where no other definition is specified;

(c) Whenever a term is defined within a specific section or chapter, that specific definition will control over a general definition unless the Court finds that a contrary meaning is intended;

(d) Provisions shall be construed as a whole to give effect to all its parts (i.e., titles, chapters, sections, etc.) in a logical, consistent manner;


3

The italicized words are printed on the Notice of Appeal form provided by the Tribal Court.