Continuing Disputes in "Baby Veronica" Case

The Prairie Law Blog has been posting frequent updates regarding the case of "Baby Veronica", an adoption and custody case involving the Indian Child Welfare Act (ICWA).  The case ultimately resulted in the child returning to South Carolina with the adoptive parents, as opposed to remaining with the child's birth father, a resident of Oklahoma and a member of the Cherokee Nation.

Shortly after the resolution of the custody matter in September, the adoptive parents filed proceedings to recoup their attorney fees, both in South Carolina and Oklahoma.  In Oklahoma, the couple is seeking over $1 million in fees from both the birth father and the Cherokee Nation.  See an article here from the Tulsa World regarding the proceedings.

Yesterday, it was reported that the Cherokee Nation has filed court papers arguing that sovereign immunity protects it from the efforts of the adoptive parents to collect the fees.  For more information, see this article from the ABA Journal.

For more information on tribal sovereign immunity, consider Cohen's Handbook of Federal Indian Law or the American Indian Law Deskbook, which both offer sections on the topic and provide a general overview.  Both of these titles are available in the Library's Reserve Room.

For more information on attorneys' fees and attorney fee disputes, consider Attorneys' Fees by Robert L. Rossi, available in the classified collection on the lower level of the library.