The Court of Indian Appeals for the Miami Agency today affirmed the dismissal of a lawsuit that sought to challenge the Modoc Nation's recognized government and the validity of the Nation's 2022 election.
The Court found no error in the decision of the District Court below, which concluded it lacked jurisdiction over the matter. Courts of Indian Offenses, established under federal regulations, may only adjudicate internal tribal disputes when expressly authorized to do so by a resolution of the tribe's governing body. No such resolution was submitted by the Modoc Nation's Elected Council.
This decision reaffirms the authority of the Nation's duly elected leadership, chosen in the rescheduled August 6, 2022, election and recognized by both the Modoc Nation's judiciary and its membership.
Patrick R. Bergin, Managing Partner, represented the defendants, who are the elected leaders of the Modoc Nation. "The ruling puts to rest continued attempts to undermine the Nation's established governance and confirms that the proper processes under tribal law were followed," said Bergin.
The case was Karnes, et al. v. Burkybile, et al., Appeal No. APP-25-M01P, at 1 (Ct. Indian App., Apr. 29, 2025).