Colville Confederated Tribes v. Dogskin

This matter came before the Court of Appeals (COA) pursuant to an Initial Hearing held on November 19, 2010. At that hearing the COA directed the COA Court Clerk to obtain copies of the oral record of two hearings from the Trial Court, September 9, 2010 and October 28, 2010. The COA Clerk made a request to the Trial Court and the Trial Court Administrator responded that because of a technical error no recording was made of either hearing.

It is established precedent that when an oral record of a hearing is not available, the COA is unable to perform a meaningful review of the record and that…