McKenzie Co. Social Service Bd. v. C.G.

20010047 McKenzie County Social Service
Board, Plaintiff and Appellant
------------
J.C.Y.B., by and through
Michon C. Sax as Guardian ad
Litem, and F.H., Plaintiffs
v.
C.G., Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, McKenzie County
Judge William W. McLees
Nature of Action: Paternity
Counsel:
Appellee: Legal Services of ND
Appellee: Edward B. Reinhardt Jr.
Appellant: Charles M. Carvell , Att. General Office
Amicus curiae: Gary Michael Beaudry
Appellant: James Conner Fleming , Att. General Office
Term: 06/2001   Argument: 06/19/2001  10:45am
ND cite: 2001 ND 151
NW cite: 633 N.W.2d 157

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. In a paternity and child support action brought by an Indian mother and by a county suing to protect significant public interests and to comply with federal law, did the District Court have jurisdiction over an Indian living off the reservation who allowed a default judgment to be entered against him?
II. Assuming the District Court didn't have jurisdiction, is the county required to refund money the county neither collected for itself nor retained, but which the county collected under a seemingly valid judgment and paid to an unwed mother as federal law required?

Appellee's Statement of the Issues:
I. Does state District Court have jurisdiction over a paternity and child support action arising on the Ft. Berthold Indian Reservation between enrolled members of the Three Affiliated Tribes?
II. If state District Court did not have jurisdiction, is the McKenzie County Social Service Board required to return to the alleged father the amount of money collected from him and paid directly by the Board to the mother?

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Docket entries:
102/19/2001 NOTICE OF APPEAL: 02/16/2001
202/19/2001 THIS CASE IS CONFIDENTIAL
303/14/2001 RECORD ON APPEAL
403/28/2001 APPELLANT BRIEF
503/28/2001 APPELLANT APPENDIX
603/28/2001 DISK - ATB (electronically transmitted)
704/04/2001 MOT. EXT/TIME APPELLEE BRIEF
804/05/2001 Letter dtd 4-4-01 from Appellant clarifying that Social Serv. Bd. is the only AT, w/ cc of letters
904/05/2001 attached
1004/24/2001 MOTION to Release the Trial Court Transcript in In Re V.G. (Sup. Ct. #11,153)
1104/25/2001 ACTION BY SUPREME COURT (MOT/release transcript). Denied
1205/23/2001 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF, BRIEF IN SUPPORT, & AFFIDAVIT IN SUPPORT
1305/24/2001 ACTION BY CHIEF JUSTICE (doesn't incl. permission to participate in OA)(brief due 5-28-01). Granted
1405/25/2001 APPELLEE BRIEF
1505/25/2001 AMICUS CURIAE BRIEF (Three Affiliated Tribes of Fort Berthold Reservation)
1605/29/2001 DISK - AEB
1704/04/2001 ACTION BY CLERK (MAE, w/understanding counsel be prepared to argue case in June). Granted: 05/28/2001
1806/01/2001 DISK - acb
1906/08/2001 MOTION FOR EXTENSION OF WORDS LIMIT FOR RYB & Affidavit in Support(3500 WORDS)
2006/08/2001 ACTION BY CHIEF JUSTICE (3500 WORDS FOR RYB). Granted
2106/11/2001 REPLY BRIEF OF APPELLANT
2206/11/2001 DISK (e-mailed) - RYB
2306/19/2001 APPEARANCES: Charles M. Carvell, James C. Fleming; James P. Fitzsimmons.
2406/19/2001 Present with Mr. Fitzsimmons was Karrie Azure-Elliott, 1st year law student working at NDLS.
2506/19/2001 ARGUED: Carvell; Fitzsimmons (Vol. X; page 146)
2608/29/2001 DISPOSITION: AFFIRMED/PT, REVERSED/PT
2708/29/2001 UNANIMOUS OPINION: Sandstrom, Dale V.
2808/29/2001 Per Court, costs on appeal awarded in favor of Appellee
2908/30/2001 Order/Judgment Mailed to Parties
3010/03/2001 MANDATE
3111/06/2001 Corrected/Substitute Opinion Page 3, para 10, line 10
3210/05/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3308/02/2007 EXPUNGED - Nonpermanent record items destroyed

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