Winter 2000

Pine Tree Case Summaries

pine conesThe following are summaries of some of the cases Attorney Craig Sanborn has handled for Pine Tree’s Native American Unit over the last six months. You can speak to Craig or Crystal Treadwell at 1-800-879-7463.

Case One:

A client was referred to Craig by the Wabanaki Mental Health Association. The client’s former husband refused to allow the client her visitation rights set out in their divorce decree. Working closely with WMHA caseworkers, Craig was able to negotiate compliance with the divorce decree without having to go to court.

Case Two:

Craig’s client, a subcontractor, was sued by an insurance company. The company claimed that the client was negligent in installing residential plumbing fixtures. The general contractor had gone bankrupt and the insurance company decided to go after the subcontractor for the cost of repairs. Craig convinced the insurance company that his client was judgment-proof. The company dropped its claim.

Case Three:

The client was the mother of a six-year old tribal member. She never got any notice about a tribal "Back to School Clothing Allowance Program." As a result, she missed the application deadline by one day and the tribe refused to accept her application. After negotiations, the tribe decided to accept the application. Three other families in similar situations were allowed to apply as well.

Case Four:

The client, a handicapped single woman, bought a used trailer from her tribe a number of years ago. Because the trailer needed major repairs, the client applied for services through the Tribal Home Improvement Program (HIP) in the summer of 1998. After a number of inspections, the HIP decided that the trailer was beyond repair and that it would be cheaper to give alternate housing to the client. Before the process of getting new housing could be completed, however, the HIP director resigned. During the next twelve months, four different directors came and went and the client was left without housing. By applying legal pressure throughout the year, and bringing in the help of a local women’s group, Craig was able to negotiate the client’s application to completion. The ground was broken this past fall and the client expects to move into her new home this winter.

Case Five:

The client was a defendant in a Protection from Abuse case. About three years earlier, the client had been awarded sole custody of his daughter following a divorce proceeding. Neither the client nor the daughter had had any contact with the plaintiff since the divorce. However, the plaintiff contacted the client recently asking to be allowed some visitation with the daughter. The client allowed the visitation. When the client went to pick up the daughter, he was served with a temporary protection order, awarding custody of the daughter to the plaintiff, and a notice of hearing. In conference before the hearing, Craig persuaded the plaintiff’s lawyer that there was no basis for the plaintiff’s action. Craig moved to dismiss the plaintiff’s case. That motion was supported by the plaintiff’s lawyer. The judge granted the motion and the daughter was returned to the client.

Case Six:

The client was a mother with two children who was being evicted by her private landlord. The eviction was scheduled to be heard two days before Christmas. When the client came to Craig, he discovered that she had a housing application pending before her Tribe’s Housing Committee. For a number of reasons, however, the application had stalled in committee. While continuing to prepare for the eviction hearing, Craig also met with board members to try to get tribal housing lined up for the client. Craig succeeded in getting tribal housing. Instead of facing an eviction hearing two days before Christmas, the client was able to move her young family into a new, clean, and safe apartment. Because the client had already moved out, the eviction hearing was canceled.