United States Commission on Civil Rights

Confidential Draft Report
“Enforcement of the Indian Civil Rights Act of 1968”

May 1990


Indian Civil Rights, page 37

council adopted measures declaring the records to be tribal property, ordering them moved to tribal archives and declaring the records confidential.  [79]

The federal government subsequently brought suit in federal court to recover the records and prevailed against the tribe. [80]  After about two and a half years of unsuccessful litigation including an unsuccessful appeal to the United States Supreme Court, the tribe returned the court records to the BIA. [81]

BIA Transfers CFR Court
Operations to Red Lake Tribe

     As noted previously, the Bureau's failure to promulgate a model code for CFR courts served as the basis for Cook v. Moran, a suit brought in federal district court that alleged a violation of the Fifth Amendment right to due process.  The opinion in Moran is sharply critical of the CFR court.  This is all the more troubling since in November 1987 the Bureau abolished the CFR court and permitted the Red Lake Tribe to establish its own court under a 93-638 contract.  [82]  The Bureau, in

__________
     [79]  Oberdorfer, Paper Gets OK to See Court Files, but Red Lake Officials Withhold Them, Minneapolis Star and Tribune, Jan. 7, 1986, at 9A, reprinted in Washington D.C. Hearing, supra, note 4, at 195-196.

     [80] United States v. Red Lake Band of Chippewa Indians, 877 F.2d 380 (8th Cir. 1987), cert. den, 99 L.Ed. 2d 270 (Mar. 7, 1988)

     [81] The court records were recovered shortly after the Supreme Court denied certiorari on the case on March 7, 1988.

     [82] Washington, D.C. Hearing, supra note 4, at 28.  The United States Congress appropriated approximately $11.2 million dollars in
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