Then on the morning of Friday, January 19, I received a call from the Court of Appeals telling me the decision on our case would be posted by 10:00a.m. Eastern Standard Time on the Court's website. Right after I knew the order was on its way and before I looked at the website to see the decision, I went outside and said a prayer for a favorable decision
I was still a little nervous so I laid down on the bed for a few minutes then went to the computer and opened up the electronic decision of our case. I have to tell you that when I seen that the three Judges "remanded" the case back to Judge Roberts, I knew we were still in there and going forward in the "Journey for Justice." This feeling made me shout with Joy and my heart was beating fast when Linda said "What happened?" I immediately called Oranna and also Cal Hackford to give them this great news.
The case was now going to be sent back to Judge Roberts to hear arguments on whether P.L. 108-108 modified the general federal statute of limitations applies to Felter v. Kempthorne so we can proceed and get our "day in court." This new federal law came down from Congress during the time we were filing our legal briefs before Judge Roberts. The new law "108-108 states the following: "Notwithstanding any other provision of law, the statute of limitations shall not commence to run on any claim, including any claim in litigation pending on the date of the enactment of this Act, concerning losses to or mismanagement of trust funds, until the affected tribe or individual Indian has been furnished with as accounting of such funds from which the Beneficiary can determine whether there has been a loss."
This means I will be going back before Judge Roberts to argue our case. At this time, I have not received any orders from Judge Roberts on when and how we will proceed with the case.
Justice takes a long time! We filed our first brief in "2002" almost five years ago. We have had a lot of expenditures that required money to get Felter v. Kempthorne to this point. As you know, we work strictly on "donations" from our members. All of your names are formally listed by Court Order as plaintiffs in the very major case. You are all my clients and I am duty bound to do my best to represent you in this very difficult federal case. » Part III