Judge Bruce Jenkins was nominated to serve on the federal bench in 1978 by then-President Jimmy Carter. He was soon assigned to the Ute Tribe's sovereignty case. Still image from Tenth Circuit Historical Society

Law

Federal judge stays off Ute Tribe sovereignty case despite protest

Tuesday, August 30, 2016

In a small victory for the federal judge who was kicked off the case, the 10th Circuit Court of Appeals has corrected its recent decision in a long-running tribal sovereignty dispute.

The court on Monday issued an amended opinion that said Judge Bruce Jenkins failed to enforce a mandate just once, rather than twice. Despite the correction, the court kept in place its decision to remove Jenkins from the case involving the Ute Tribe of Utah.

Jenkins was assigned to the case in 1978, three years after the tribe went to court to prevent state and local authorities from asserting jurisdiction within the Uintah and Ouray Reservation. After he was removed by the 10th Circuit earlier this month, he said he didn't "care" who finished the case but said the court got the "facts" wrong with regard to the number of failed mandates.

"Let me be clear. I care not who finishes Ute '75. As you know, I have a calendar of complex and challenging matters," Jenkins wrote in a somewhat unusual August 15 letter to the chief judge of the federal court in Utah. "I do care that an alleged factual basis for an order of reassignment be accurate as well as adequate."

Chief Judge David Nuffer is apparently handling the case now that Jenkins has been removed, The Salt Lake Tribune reported.

Read More on the Story:
Appeals court amends its decision removing judge from Ute boundary case (The Salt Lake Tribune 8/30)

10th Circuit Court of Appeals Decision:
Becker v. Ute Indian Tribe [Amended] (August 29, 2016)