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FORT PECK COURT OF APPEALS
ASSINIBOINE AND SIOUX TRIBES
FORT PECK INDIAN RESERVATION
POPLAR, MONTANA
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    FOR DEFENDANT/APPELLANT: No one appeared on behalf of Appellant. Appellant did make a phone call to the Court.

    FOR PLAINTIFF/APPELLEE: Leighton Reum, Lay Counselor, of Wolf Point, Montana.

    Briefs were not submitted by Appellant or Appellee. Oral Arguments were not made by Appellant or Appellee.

    HELD: THE TRIBAL COURT’S JUDGMENT ORDERING GARNISHMENT OF WAGES PURSUANT TO IV CCOJ 311 UNTIL THE ORDERED PAYMENTS ARE MADE IN FULL PURSUANT TO IV CCOJ 311(c) AND AWARDING APPELLEE HER COSTS ACCRUED HEREIN, IF HER STATEMENT OF COSTS WAS FILED WITH THE TRIBAL COURT AS DIRECTED, IS HEREBY AFFIRMED.

    OPINION delivered by Arnie A. Hove, Chief Justice, joined by Daniel R. Schauer, Associate Justice and Gary James Melbourne, Associate Justice.

    On January 16, 1987, Appellee and her legal counsel, Lay Counselor Wayne D. Webster and Appellant and his legal counsel, Lay Counselor Melvin L. Eagleman, Sr. appeared in Fort Peck Tribal Court in Poplar and gave testimony and documentary evidence.

    On January 21, 1987, Julian H. Brown, Acting Lawyer Judge entered an Order of Garnishment, With Incorporated Findings of Fact and Conclusions of Law. In the Order, Judge Brown made the following findings of fact:

1. The Appellee and Appellant were divorced in the Fort Peck Tribal Court at a divorce trial on April 9, 1979.

2. On July 15, 1980, Appellant was ordered to pay child support, pursuant to said divorce proceedings, for the minor child named Almyra Lynn Spotted Bird.

3. The record was uncontradicted that Appellant owes child support for said child in the amount of no less than Six Hundred Dollars ($600.00) for the calendar year 1986, through November 5 , 1986.

    In the Order, Judge Brown made the following conclusions of law:

A. Judgment for child support in the sum of no less that Six Hundred Dollars ($600.00) has been unsatisfied for more than sixty (60) days, thereby authorizing the within garnishment action, pursuant to Title IV, Section 311(a), of the Comprehensive Code of Justice of the Assiniboine and Sioux Tribes (IV CCOJ 311(a)).

B. Garnishee A&S Industries should be ordered to pay directly to the Fort Peck Tribal Court a continuing garnishment of wages, salaries, and other property and income tin the possession and control of Garnishee A&S Industries with is owed by it and for which it is liable to Defendant Grey Hawk, up to the sum of Six Hundred Dollars ($600.00) plus costs awarded herein, pursuant to IV CC0J 311.

C. The maximum, amount that Garnishee A&S Industries should pay each pay period from the income and property of Defendant Grey Hawk to this Court should be that amount set forth in IV CCOJ 311(b), which reads in full as follows:

    "(b) The maximum amount of wages in any one workweek subject to garnishment is the lesser of:

        "(1) 25% of the judgment debtor’s disposable wages for that workweek, or

        "(2) the amount of the debtor’s disposable wages for that week exceed forty times the federal minimum hourly wage prescribed by Section ^6(a)(1) of the Fair Labor Standards Act of 1938."

D. All payments submitted by Garnishee A&S Industries to this Court pursuant to this order should be taken by the Court as trustee for Plaintiff Spotted Bird and should be paid in full to Plaintiff Spotted Bird by this Court.

E. Plaintiff Spotted Bird and her legal counsel should have until Friday, January 30, 1987, to file with this Court her statement of authorized costs incurred, as described in IV CCOJ 309.

    Finally, the Judge Brown ordered the following:

    "ORDERED that Garnishee A&S Industries shall pay directly to the Fort Peck Tribal Court as trustee for Plaintiff Spotted Bird the sum of Six Hundred Dollars ($600.00) plus awarded costs from the wages, salaries, and other property and income in the possession and control of Garnishee A&S Industries which is owed by Garnishee and for which it is liable to Defendant Grey Hawk, pursuant to the maximum amounts set forth in IV CCOJ 311(b). This garnishment order shall be continuing until the ordered payments are made in full, pursuant to IV CCOJ 311(c). It is
    FURTHER ORDERED that Plaintiff Spotted Bird shall be paid her costs accrued herein, as authorized by IV CCOJ 309, if, but only if, her statement of costs is filed with this Court by no later than Friday, January 30 , 1987 , and if that statement of costs is approved by the Court."

    Appellant filed a Notice of Appeal on January 28, 1987. Appellant presented what appeared to be the following four (4) issues on appeal:

1. Whether Appellant’s employer should have been served in this matter?

2. Whether Appellant was denied due process in this matter in that the Tribal Court failed to comply with the procedure in IV CCOJ 103?

3. Whether IV CCOJ 201 requires officers of the court to be under oath before taking their testimony?

4. Whether the Order of Garnishment violates IV CCOJ 308 wherein it was enforced before the expiration of ten days after its entry?

    At 10:30 A.M., the time for oral arguments, Appellant did not appear. On that morning, the Court was presented with an Acknowledgment of Notification to an Order Granting an Appeal dated September 2, 1987 and signed by Melvin L. Eagleman, Sr., Lay Counselor for Appellant. In the Acknowledgment, Mr. Eagleman advised the Court that he had left the area and would not be handling Appellant’s appeal. The Acknowledgment indicated Appellant would be obtaining an attorney to represent him through the Appeal.

    This Court wanted to be sure that Appellant’s legal counsel did not make a mistake and thereby violate a party’s due process rights under the Indian Civil Rights Act of 1968 (hereinafter ICRA). Therefore, it was the Court’s unanimous decision to issue a summons compelling the Appellant to appear. A summons was issued for Appellant and the hearing was continued until 2:00 P.M.

    Appellant was located by Tribal police at a meeting in Glasgow. Appellant called the Court before 2:00 P.M. from a meeting in Glasgow and advised the Court he wanted to drop the matter.

    The Court was concerned that Appellant may not have been properly advised of his due process rights and right to retain counsel under the IRCA. Each Justice advised the Appellant of his due process rights and right to retain counsel. Appellant was also advised that the matter would be continued in the event he wanted to retain counsel. Appellant indicated he wanted to drop the matter, and when specifically asked if his decision was being made while under the influence of alcohol, Appellant assured the Court he had not been drinking.

    The Court was satisfied that Appellant made a knowing waiver of his rights under the ICRA and therefore this appeal was dismissed and the order of the Tribal Court hereby affirmed.

    However, before entering final judgment in this matter it was the unanimous decision of this Court to advise the Tribal Court Clerks of the incomplete file it had been presented with and acknowledge the fact that the file had also been missing from the Tribal Court Office for quite some time. It is the direction of this Court that Tribal Court Clerks are to take extreme care with the files entrusted to their care, insure that the same are placed under lock and key, restrict access to the same to only authorized Tribal Court personnel and implement a check out system in order to keep track of the files. This check out system should be implemented immediately in order to insure safety of the files and to guard the rights and privacy of those availing themselves of the Tribal Court system.

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    NOW THEREFORE, IT IS THE UNANIMOUS DECISION OF THIS COURT TO DISMISS THIS APPEAL AND AFFIRM THE JUDGMENT OF THE TRIBAL COURT AND ORDER THAT GARNISHEE A&S INDUSTRIES PAY DIRECTLY TO THE FORT PECK TRIBAL COURT AS TRUSTEE FOR APPELLEE THE SUM OF SIX HUNDRED DOLLARS ($600.00) PLUS AWARDED COSTS FROM THE WAGES, SALARIES, AND OTHER PROPERTY AND INCOME IN THE POSSESSION AND CONTROL OF GARNISHEE A&S INDUSTRIES WHICH IS OWED BY GARNISHEE AND FOR WHICH IT IS LIABLE TO APPELLANT PURSUANT TO THE MAXIMUM AMOUNTS SET FORTH IN IV CCOJ 311(B). THIS GARNISHMENT ORDER SHALL BE CONTINUING UNTIL THE ORDERED PAYMENTS ARE MADE IN FULL, PURSUANT TO IV CCOJ 311(C). IT IS

    IT WAS ALSO THE UNANIMOUS DECISION OF THIS COURT TO FURTHER ORDER THAT APPELLEE BE PAID HER COSTS ACCRUED HEREIN, AS AUTHORIZED BY IV CCOJ 309, IF, BUT ONLY IF, HER STATEMENT OF COSTS WAS FILED WITH THE TRIBAL COURT NO LATER THAN FRIDAY, JANUARY 30, 1987, AND IF THAT STATEMENT OF COSTS WAS APPROVED BY THE TRIBAL COURT UNLESS THE APPEAL SPECIFICALLY STAYED THE FURTHER ACTION BY THE TRIBAL COURT OR THE TRIBAL COURT REFUSED TO ACT BECAUSE OF SUCH APPEAL.

    DATED this _____ day of November, 1987.

BY THE COURT OF APPEALS:

___________________________
ARNIE A. HOVE, Chief Justice

___________________________
DANIEL R. SCHAUER, Justice

___________________________
GARY JAMES MELBOURNE, Justice

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