"The Swinomish Constitution grants to the Swinomish General Council the specific authority to review the actions of the Swinomish Senate."

and;

     "Only the Swinomish General Council may substitute its judgment for that of the Swinomish Senate and it may only do so through the passage of a properly noted and fairly considered Resolution."

     Unfortunately the above two truths appear to be lost upon the current Swinomish Tribal Senate, but the most fitting legacy for Senator Jimi Sam Williams would be for all of the Swinomish people to join in on the effort to once again return control of the Tribe to the General Council where the Constitution states that it belongs. 
 

1. The parties filed this appeal pursuant to a specific grant of jurisdiction extended to this court by the Senate.
2. The Swinomish Tribe appeared specially and moved to proceed amicus curiae and the court granted the motion.
3. Respondent Cladoosby moved to dismiss the matter for failure to join the Tribe, an indispensible third party.
4. The court denied the motion to dismiss and joined the Tribe as a party, sua sponte, concluding that the Tribe was indispensable but that it had been served and was participating amicus curiae and would not be prejudiced by being joined at a late date if they were afforded more time to prepare a response.
5. The court denied all other motions to dismiss filed by respondent Cladoosby and the Swinomish Tribe.
6. The court failed to consider motions to dismiss filed by respondent Sophie Bailey, concluding that the motions were untimely.

1. The Swinomish Constitution grants to the Swinomish Senate the specific, enumerated power to establish rules and procedures governing elections.
2. The Swinomish Senate adopted new rules governing elections prior to the general election of 2000.
3. The Swinomish Tribe held general elections in February of 2000, applying the newly adopted rules.
4. Four candidates were deemed by the election committee and the Swinomish Senate to have timely filed petitions to run for Senate positions one and two.
5. Jimi Sam Williams and Jimmy Wilbur qualified to run for position one and they were certified as candidates for that position.
6. Brian Cladoosby and Lorraine Loomis qualified to run for position two and they were certified as candidates for position two.
7. Prior to the election, Jimi Williams died.
8. After Mr. Williams' death and prior to the election, the Senate convened and affirmed Mr. Williams' certification as a candidate for position one.
9. At the general election, Jimi Williams garnered 59% of the votes for Senate position one, winning the position.
10. At the general election, Brian Cladoosby garnered 63% of the votes for Senate position two, winning the position.
11. After the election, the Senate appointed Sophie Bailey to fill the vacancy created by the election of Jimi Williams to Senate position one.
12. The Swinomish Election Committee certified the election results.
13. Lorraine Loomis and Jimmy Wilbur appealed the election certification to the Swinomish Election Committee, which upheld the election results.
14. Lorraine Loomis and Jimmy Wilbur appealed the election certification to the Swinomish Senate, which upheld the election results.
15. When the Election Committee and the Senate convened to consider this appeal, no party was sworn to give testimony and no evidence was submitted.
16. No party was sworn before this tribunal and no evidence was admitted into the record.
17. No party has asked for a General Council meeting to review the actions of the Swinomish Senate.

1. The Swinomish Constitution grants to the Swinomish Senate the specific, enumerated power to establish rules governing elections.
2. The Swinomish Constitution grants to the Swinomish General Council the specific authority to review the actions of the Swinomish Senate.
3. This court has no authority under the Swinomish Constitution to review election actions taken by the Senate. The court proceeds in this matter only under the Senate's specific grant of authority to review its actions in the area of election appeals.
4. The tribal court should uphold all election actions taken by the Senate unless the Senate acts in an arbitrary or papricious manner or proceeds in clear violation of existing Swinomish or Federal law.
5. If the court were to find that the Senate acted arbitrarily, capriciously or in clear violation of exhisting law, the court should, rather than reverse, direct that the Senate review the matter in light of the judicial opinion offered on appeal.
6. Only the Swinomish General Council may substitute its judgement for that of the Swinomish Senate and it may only do so through the passage of a properly noted and fairly considered Resolution.
7. Here, the appellants have not shown that the Swinomish Senate acted arbitrarily, capriciously or in clear violation of existing Swinomish or Federal law, they have only offered alternate theories that the Senate might have lawfully considered and discarded in exercise of their reasoned judgment.

1. The appellants requests for relief are hereby denied; they shall take nothing from this appeal.
2. The actions of the Senate are affirmed.
3. All parties shall bear their own fees and costs.