Peebles Bergin Schulte & Robinson LLP is pleased to announce another decisive legal victory on behalf of the Modoc Nation. In a critical ruling, the Court of Indian Offenses granted the defendants' Motion to Dismiss, which upholds the legitimacy of the Tribe's 2002 general election.
Patrick R. Bergin, Managing Partner, represented the defendants, who are the elected leaders of the Modoc Nation. "This ruling not only protects the integrity of the Modoc Nation's electoral process but also reinforces the essential principle of tribal sovereignty," said Bergin. "It sends a clear message that unwarranted challenges to tribal self-governance will not prevail."
The case arose from an effort to invalidate the results of the August 6, 2022 election, which was conducted in accordance with the Modoc Nation's constitutional requirements and overseen by its Tribal Court. Plaintiffs sought to reinstate the results of an earlier election—which was previously ruled invalid by the Modoc Tribal Court.
The Court of Indian Offenses dismissed the case, finding that it lacked jurisdiction and that the Plaintiffs' claims were legally deficient. The Court highlighted that the Modoc Nation's Elected Council had never passed a resolution granting the Court of Indian Offenses jurisdiction over this matter, as required under 25 C.F.R. ยง 11.118(b).
"The ruling underscores the Modoc Nation's sovereign authority to resolve its internal disputes through its own constitutional processes," said Bergin.
The case was Ben Karnes, et al. v. Robert Burkybile, et al., Court of Indian Offenses, Case No. CIV-24-M09.