Appellate Advocacy Blog

Editor: Tessa L. Dysart
The University of Arizona
James E. Rogers College of Law

Saturday, September 6, 2014

Tenth Circuit orders exhaustion of remedies in Muskogee (Creek) Tribal Court

6274849487_d891da93b3_mAppellate practitioners know the more common exhaustion and abstention doctrines, such as exhaustion of administrative remedies. Few are aware, however, that similar concepts operate between federal and tribal courts and even between state and tribal courts, and that they can arise out of comity, court rule, or other sources, depending on the jurisdiction. Ignorance of those concepts can sometimes lead to inadvertent or even open disregard for tribal judicial systems.

Turtle talk reports this week on a current example from the Tenth Circuit, which deferred to the Muskogee Tribal Court when litigants in an election dispute tried to jump ship to federal court. See the post regarding Thlopthlocco Tribal Town v. Stidham on Turtle Talk.

Image: bradleypjohnson, cc by 2.0 license

 

https://lawprofessors.typepad.com/appellate_advocacy/2014/09/tenth-circuit-orders-exhaustion-of-remedies-in-muskogee-creek-tribal-court.html

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