Doreen Randall v. Yakima Nation Tribal Court, And, Davis Washines, Chief of Police for the Yakima Nation, Sub. Nom.

Doreen Randall, a member of the Yakima Indian Nation, appeals from the order of the district court dismissing her petition for a writ of habeas corpus filed pursuant to section 203 of the Indian Civil Rights Act, 25 U.S.C. §§ 1301-1303 (1982). We must decide whether the Yakima Nation Court of Appeals violated the Indian Civil Rights Act when it dismissed Randall’s appeal solely because the tribal trial court failed to rule timely on her in forma pau-peris motion.

PROCEDURAL BACKGROUND

Randall was employed as a field representative for the Yakima Nation’s maternal health care program. On July 3, 1985, Randall was convicted of embezzlement in violation of section 10.10.61 of the Revised Yakima Code in the Yakima Nation Tribal Court. She was sentenced to serve 90 days in jail, with 89 days suspended provided that she agreed to pay a fine of $10 to the tribal court and $17 as restitution to her employer.

On the same date, Randall filed a notice of appeal to the Yakima Nation Court of Appeals. Section 3.01.45 of the Revised Yakima Code provides that “[a]ny party aggrieved by a final judgment ... of the Tribal Court ... shall be entitled to appeal to the Court of Appeals, provided…