Document Type

Article

Publication Date

9-27-1992

Abstract

  • Petitioner is Lorraine Burns and she applied to the Blackfeet Court of Appeals for an issuance of a Writ of Supervisory Control requiring the Tribal Court to enforce all of its prior orders directing that Robert Burns, Respondent, be arrested for failure to pay her any of the sums due to her from the Decree of Dissolution and Stipulation with Regard to Division of Property. 

  • Respondent was served, but did not respond.  

  • The Appeals Court had already, twice, affirmed that Respondent be arrested for his failure to comply with the Decree of Dissolution and Stipulation. By a motion dated March 24, 1992, Petitioner moved for enforcement of the Orders, but the Court did not act. Judge Arrowtop set a hearing for July 21, 1992 to show why Respondent should not be held once again in contempt. Petitioner sought to vacate the hearing order on the ground that Respondent already had two different hearing with two different judges and now seeks a Writ of Supervisory Control to compel the Tribal Court to enforce the orders. 

  • The record reflected that Petitioner had made may motions to Tribal Court repeatedly seeking enforcement of her rights under the Decree of Dissolution, all to no avail.  

  • The Court of Appeals found that due to the failure of the Tribal Court to enforce its own orders that a Supervisory Control is appropriate. Ordinance No. 72 was declared unconstitutional since it prohibited the arrest of a person who knowingly fails to comply with an order of the Court and the Tribal Court was required to order the arrest of Respondent with him remaining in custody until he fully complied with the Decree or entered suitable arrangements to comply. 

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