STATE v. CENTRAL COUNCIL OF TLINGIT

No. S-14935.

371 P.3d 255 (2016)

STATE of Alaska; Patrick S. Galvin, in his official capacity as Commissioner of the Alaska Department of Revenue; and John Mallonee, in his official capacity as Director of the Alaska Child Support Services Division, Appellants, v. CENTRAL COUNCIL OF TLINGIT AND HAIDA INDIAN TRIBES OF ALASKA, on its own behalf and as parens patriae on behalf of its members, Appellee.

Supreme Court of Alaska.

March 25, 2016.


Attorney(s) appearing for the Case

Mary Ann Lundquist , Senior Assistant Attorney General, Fairbanks, Stacy K. Steinberg , Chief Assistant Attorney General, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for Appellants.

Jessie Archibald , CCTHITA Child Support Unit Attorney, Juneau, and Holly Handler and Sydney Tarzwell , Alaska Legal Services Corporation, Juneau, for Appellee.

Erin C. Dougherty and Matthew N. Newman , Native American Rights Fund, Anchorage, for Amicus Curiae National Association of Tribal Child Support Directors.

Karen L. Loeffler , United States Attorney, and Richard L. Pomeroy , Assistant United States Attorney, Anchorage, and Ragu-Jara Gregg and Stacy Stoller , Department of Justice, Washington, D.C., for Amicus Curiae United States.

Before: FABE, Chief Justice, WINFREE, STOWERS, MAASSEN, and BOLGER, Justices.


I. INTRODUCTION

A federally recognized Alaska Native tribe has adopted a process for adjudicating the child support obligations of parents whose children are members of the tribe or are eligible for membership, and it operates a federally funded child support enforcement agency. The Tribe sued the State and won a declaratory...

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