Little Big Horn College Archives
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04219901
Clarence Belue Collection
Creator:
Clarence Belue
Extent:
7.5 Linear Feet
Dates:
1972-1988
Collection Summary:
This collection includes legal filings, court arguments, court decisions from tribal and federal court, newspaper articles, County Commission Minutes, and correspondence.
Languages:
English
Processing Archivist:
Jon Ille
Collection Details:
Collection Description:
Clarence Belue produced these materials either for or related to cases where he served as an attorney. Other materials in the collection detail his suspension from the Montana state bar in 1988. The legal records primarily focus on two cases: Sage vs. National Farmers Union Insurance Company and Estates of Red Wolf, Red Horse, and Bull Tail vs. Burlington Northern Railroad. Both cases went through both Crow tribal court and the federal courts with the former eventually making its way to the Supreme Court. The collection also holds records related to the voting rights case in Big Horn County that undid racial suppression of Crow voters in local and county elections. The suspension records focus on Belue’s belief that locals in Big Horn County orchestrated the suspension charges in retaliation for his support of Crow community members and a local voting rights case.
Biographical Details:
Born in 1942 in Hardin, Montana, Belue grew up in the area where he later practiced law and graduated from Hardin High School in 1964. After graduation, he attended Bringham Young University, where he graduated with a degree in history. Belue graduated from the University of Montana School of Law and was admitted to the bar in 1974. Belue also earned a degree in advanced legal studies from the University of Wisconsin-Madison. His thesis in this program titled Oppressors, Power and Tears: A History of White Control of Crow Lands documented the legal mechanisms non-Crows utilized in taking lands out of community hands.
Belue practiced first in Hardin and later in Billings where he gained a reputation for working with members of the Crow Tribe. Belue argued several prominent cases related to tribal legal sovereignty, where cases went from tribal courts to various higher federal courts. In the Sage case, Belue successfully argued before the United States Supreme Court. The court agreed with his argument that tribal courts have power to enforce their rulings over non-tribal entities if an injury happens on reservation lands.
Belue also served one term as Big Horn County attorney from 1985 to 1989. It was during his tenure as county attorney that he came under scrutiny for actions under the auspices of his positions that led to ninety-day suspension of the right to practice law by the Montana bar. After his suspension continued to practice law first in Billings before returning to Hardin. Belue died in an automobile accident in 2022 at the age of 79.
Arrangement Description:
The Clarence Belue Collection is divided into five series closely following the order that Belue followed in his legal practice.
Series Description:
Series One- The first series documents Belue’s involvement in Estates of Red Wolf and Bull Tail vs. Burlington Northern and Santa Fe Railroad. The case claimed the railroad was negligent in the deaths of two members of the Crow Tribe. The plaintiffs filed suit in Crow tribal court, where the defendant argued they would not receive a fair trial and that tribal courts did not have the right to hear tort cases. The Crow tribal court eventually heard the case in favor of the plaintiffs, however, the federal court in Billings overturned the judgement. The papers in the series primarily focus on the tribal court portion of the case.
Series Two- Series two details disciplinary actions the Montana Bar Association taken against Clarence Belue that culminated in a ninety-day suspension of Belue’s ability to practice law in the state of Montana. The series includes the charges brought against Belue, his responses, and the findings of the Montana Bar Association. Belue argued that the charges were vendetta against him orchestrated by interests in Big Horn County.
Series Three- The third series in the series is transcripts of proceedings from the case Windy Boy vs. Big Horn County which overturned indigenous voter disenfranchisement in county elections in Big Horn County. The series also includes political information from the 1980s in Big Horn County.
Series Four- Series four includes case information related to the Sage case which began when Leroy Sage was struck by motorcycle on the grounds of the Lodge Grass school. His guardian Flora Not Afraid filed suit against the school in tribal court with Belue as her attorney. The case started in tribal court and made its way through federal court to the Supreme Court which decided the case in favor Flora Not Afraid. The case carries significance as it allows for tribal courts to conduct civil trials in their courtrooms. The series holds materials from each court that heard the case
Series Five- The final series includes miscellaneous cases where Belue served as attorney along with correspondence with other attorneys.
Administrative History:
The Clarence Belue Collection resided with the creator in his legal office in Billings, Montana before its donation to Little Big Horn College in 1999. Belue created the files in the collection as part of his legal work on various cases, primarily occurring on the Crow Reservation.
Box Lists:
Series 1:
Folder 1- Civil Cover Sheet
Folder 2- District Court, Complaint for Declaratory and Injunctive Relief
Folder 3- Application for Temporary Restraining Order
Folder 4- Plaintiff’s Brief in Support of Temporary Restraining Order
Folder 5- Affidavit of Jeff Herder
Folder 6- Transcript, Hearing, November 2, 1994
Folder 7- Bond on Temporary Restraining Order
Folder 8- Temporary Restraining Order
Folder 9- Motion for Joinder, To Dissoleve TRO, For Damages
Folder 10- Brief in Support of Motion for Joinder, To Dissolve TRO, For Damages
Folder 11- Affadavit of Clarence Belue
Folder 12- Order to Show Cause
Folder 13- Transcript of Pretrial Conference
Folder 14- Memorandum in Opposition to Preliminary Injunction
Folder 15- Tribal Court, Plaintiffs Demand a Jury Trial
Folder 16- Statement of Representation
Folder 17- Civil Summons, Burlington Northern Railroad
Folder 18- Affidavit of Service
Folder 19- Defendant’s Answer and Affirmative Defense
Folder 20- Motion for “Special Judge”
Folder 21- Plaintiffs First Request for Admissions and to Produce Document with Interrogatives
Folder 22- Plaintiffs First Interrogatives and Request to Produce Documents
Folder 23- Notice of Discovery Upon a Party by Plaintiffs
Folder 24- Motion for Pretrial Conference
Folder 25- Notice of Taking Depositions Upon Oral Examinations
Folder 26- Certification of Mailing and Pretrial Conference
Folder 27- Notice of Taking Depositions Upon Taking Oral Examinations
Folder 28- Tribal Court Scheduling Order
Folder 29- Defendant’s Answers to Plaintiff’s First Interrogatories
Folder 30- Defendant’s Response to Plaintiffs First Request for Admissions
Folder 31- Notice of Service Response to Discovery Requests
Folder 32- Plaintiffs Brief Regarding Subject Matter Jurisdiction
Folder 33- Brief in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction
Folder 34- Notice of Taking Deposition Upon Oral Examination
Folder 35- Subpoena Duces Tecum
Folder 36- Tribal Court Order
Folder 37- Brief in Opposition yo Plaintiff’s Motion to Suppress Blood Alcohol Testing
Folder 38- Motion to Dismiss Claim for Punitive Damages
Folder 39- Brief in Support of Motion to Dismiss Claim for Punitive Damages
Folder 40- Memorandum and Order
Folder 41- Brief on Standard of Court for Award of Punitive Judgement
Folder 42- Defendant’s First Interrogatories and Request for Admission
Folder 43- Defendant’s First Request for Production
Folder 44- Defendant’s Third Supplemental Answers to Plaintiffs First Interrogatories
Folder 45- Defendant’s List of Witnesses
Folder 46- Plaintiffs’ Answers to Defendant’s Interrogatories and Request for Admission
Folder 47- Plaintiffs’ Response to Defendant’s First Request for Judgment
Folder 48- Vehicle Certificate of Title
Folder 49- Plaintiffs’ Final Witness List
Folder 50- Plaintiffs’ Final Witness List (Revised)
Folder 51- Motion to Amend Complaint
Folder 52- Plaintiffs’ Second Interrogatories and Request to Produce Documents
Folder 53- Defendant’s Supplemental Response to Plaintiffs’ First Request for Admission
Folder 54- Plaintiffs Third Interrogatories Request to Produce Documents
Folder 55- Defendant’s Supplemental Answers to Plaintiffs First Interrogatories
Folder 56- Plaintiffs Interrogatories, Fourth Request
Folder 57- Defendant’s Second Request for Production and Request for Admissions
Folder 58- Motion for Early Ruling on Plaintiffs Offered Instructions
Folder 59- Brief in Support of Motion to Exclude Evidence from Blood and Vitreous Samples
Folder 60- Motion to Exclude Evidence from Blood and Vitreous Samples
Folder 61- Motion to Join Burlington Northern, Inc. as a Party Defendant
Folder 62- Second Motion for Early Ruling on Plaintiffs Offered Instructions
Folder 63- Defendant’s Answers to Plaintiffs Second Interrogatories
Folder 64- Defendant’s Answers to Plaintiffs Fourth Interrogatories
Folder 65- Motion for Extension of Tim
Folder 66- Defendant’s Answers to Interrogatories, Request to Produce Documents
Folder 67- Motion for Summary Judgment as to Negligence
Folder 68- Brief in Support of Motion for Summary Judgement as to Negligence
Folder 69- Affidavit of Joe Medicine Crow
Folder 70- Defendant’s Third Supplemental Answers to Plaintiffs Interrogatories
Folder 71- Defendant’s Response to Plaintiff’s Motion for Early Ruling on Plaintiffs’ Jury Instructions
Folder 72- Brief in Opposition to Plaintiffs’ Motion to Exclude Evidence for Blood and Vitreous Samples
Folder 73- Brief in Opposition to Plaintiffs’ Motion to Join Burlington Northern as a Party
Folder 74- Affidavits of Charles Lundgren and Jeff Nedens
Folder 75- Brief in Opposition to Plaintiffs’ Motion for Summary Judgement Regarding as to Negligence
Folder 76- Defendant’s Motion for Summary Judgment
Folder 77- Defendant’s Brief in Support of Summary Judgment
Folder 78- Brief in Support of Motion for Leave to Join Big Horn County
Folder 79- Request for Supplemental Conference
Folder 80- Order Setting Supplemental Conference
Folder 81- Reply to Defendant’s Brief Opposing Plaintiffs’ Motion for Supplemental Judgment
Folder 82- Affidavit of Robert R. Marvin
Folder 83- Plaintiffs’ Brief Opposing Motion to Joining Big Horn County
Folder 84- Brief Opposing Defendant’s Motion for Summary Judgment
Folder 85- Motion to Compel Discovery
Folder 86- Notice of Hearing to Squash Subpoena
Folder 87- Supplemental Memorandum of Authorities in Opposition to Plaintiffs’ Motion to Exclude Evidence from Blood and Vitreous Samples
Folder 88- Reply to Supp. Memo. Re. Motion to Exclude Evidence from Blood and Vitreous Samples
Folder 89- Tribal Court Order
Folder 90- Notice of Deposition
Folder 91- Deposition Subpoena
Folder 92- Notice of Deposition
Folder 93- Notice of Telephonic Deposition
Folder 94- Defendant’s Portion of Proposed Pretrial Order
Folder 95- Defendant’s Response to Request No. 7 of Plaintiffs’ First Request for Admissions and to Produce Documents with Interrogatories
Folder 96- Tribal Court Order
Folder 97- Handwritten Notes
Folder 98- Motion for Restraining Order
Folder 99- Motion for Prejudgment Interest
Folder 100- Renewal of Motion to Compel Discovery
Folder 101- Defendant’s Memorandum in Support of Pretrial Motions
Folder 102- Affidavit of Clarence Belue
Folder 103- Plaintiffs’ Reply Brief to Defendant’s Pretrial Notices
Folder 104- Brief in Opposition to Plaintiffs’ Motion for Restraining Order
Folder 105- Brief in Opposition to Plaintiffs’ Motion to Compel Discovery
Folder 106- Brief in Opposition to Plaintiffs’ Motion for Pretrial Judgement Interest
Series 2:
Folder 1- Newspaper Clippings, 1
Folder 2- Newspaper Clippings, 2
Folder 3- Transcript of Proceedings, In the Matter of Clarence Belue, 1
Folder 4- Transcript of Proceedings, In the Matter of Clarence Belue, 2
Folder 5- Disciplinary Exhibits, 1
Folder 6- Disciplinary Exhibits, 2
Folder 7- Disciplinary Exhibits, 3
Folder 8- Disciplinary Exhibits, 4
Folder 9- Disciplinary Exhibits, 5
Folder 10- Disciplinary Exhibits, 6
Folder 11- Respondent’s Exhibits, 1
Folder 12- Respondent’s Exhibits, 2
Folder 13- Deposition of Reinhold Jabs
Folder 14- Statement of Natasha Morton
Folder 15- Deposition of Leona Hodgson
Folder 16- Deposition of Donna Esp
Folder 17- Deposition of Clarence Beck
Folder 18- Transcript of Recorded Interview with Carroll Graham
Folder 19- Deposition of Merna Kincaid
Folder 20- Deposition of Joseph Koebbe, 1
Folder 21- Deposition of Joseph Koebbe, 2
Folder 22- Deposition of Edith McCleary
Folder 23- Deposition of Ed Whaley
Folder 24- Transcript of Recorded Interview with Robert Whiting
Folder 25- Deposition of Brad Stovall
Folder 26- Deposition of Carole Seymour
Folder 27- Deposition of Jacqueline Redding
Folder 28- Deposition of Julianne Pitsch
Folder 29- Deposition of Howard Pedersen
Folder 30- Report of Investigation, Clarence Belue
Series 3:
Folder 1- Legal Complaints Regarding Discrimination in Big Horn County
Folder 2- Newspaper Articles on Voting Rights and Discrimination in Big Horn County
Folder 3- Transcript of Proceedings, Windy Boy vs. Big Horn County, 1
Folder 4- Transcript of Proceedings, Windy Boy vs. Big Horn County, 2
Folder 5- Transcript of Proceedings, Windy Boy vs. Big Horn County, 3
Folder 6- Transcript of Proceedings, Windy Boy vs. Big Horn County, 4
Folder 7- Transcript of Proceedings, Windy Boy vs. Big Horn County, 5
Folder 8- Transcript of Proceedings, Windy Boy vs. Big Horn County, 6
Folder 9- Transcript of Proceedings, Windy Boy vs. Big Horn County, 7
Series 4:
Folder 1- Court Proceedings, Tribal Court, 1
Folder 2- Court Proceedings, Tribal Court, 2
Folder 3- District Court, Big Horn County, Order of Dismissal Without Prejudice
Folder 4- Flora Not Afraid vs National Farmers Union Insurance Company, Praecipe
Folder 5- Correspondence, Sage Case, 1983-1987
Folder 6- Leroy Sage, School District #27
Folder 7- Exhibits, Crow Tribal Court, 7-19-85 Hearing
Folder 8- Execution Sale Papers
Folder 9- Crow Tribal Court Proceedings, 1
Folder 10- Crow Tribal Court Proceedings, 2
Folder 11- Sage Case, Declaratory Judgment
Folder 12- Index for Exhibits, Sage Case, U.S. District Court
Folder 13- Exhibits, 1-8
Folder 14- Exhibits, 9-20
Folder 15- Sage Case, Pleadings, District Court, 1
Folder 16- Sage Case, Pleadings, District Court, 2
Folder 17- Sage Case Pleadings, District Court, 3
Folder 18- Sage Case, Pleadings, District Court, 4
Folder 19- Sage Case, Pleadings, District Court, 5
Folder 20- Ninth Circuit, Plaintiffs, Motion for a Temporary Stay
Folder 21- Ninth Circuit, Brief in Support of Sage’s Emergency Motion for a Temporary Stay
Folder 22- Ninth Circuit, Reply Brief of Appellants and Flora Not Afraid and Leroy Sage
Folder 23- Ninth Circuit, Brief of Appellees
Folder 24- Brief of Appellant Crow Tribe
Folder 25- Ninth Circuit, Reply Brief of Appellant
Folder 26- Ninth Circuit, Excerpt of Record, National Farmers Union Insurance vs. Crow Tribe of Indians of Montana
Folder 27- Ninth Circuit, Pleadings, 1
Folder 28- Ninth Circuit, Pleadings, 2
Folder 29- Supreme Court, Pleadings, 1
Folder 30- Supreme Court, Pleading, 2
Folder 31- Supreme Court, Pleadings, 3
Folder 32- Supreme Court, Pleadings, 4
Folder 33- Application for Dissolution of Stay
Folder 34- Supreme Court, Oral Arguments, Transcript
Folder 35- Information on Supreme Court Justices
Folder 36- Argument Before the Supreme Court
Folder 37- Briefs Before the Supreme Court, 1
Folder 38- Briefs Before the Supreme Court, 2
Folder 39- Briefs Before the Supreme Court, 3
Folder 40- Briefs Before the Supreme Court, 4
Folder 41- Minutes, Big Horn County Commission, 1984-1985, 1
Folder 42- Minutes, Big Horn County Commission, 1984-1985, 2
Folder 43- Minutes, Big Horn County Commission, 1984-1985, 3
Folder 44- Minutes, Big Horn County Commission, 1984-1985, 4
Folder 45- Transcript of Proceedings, Crow Tribal Court, 1
Folder 46- Transcript of Proceedings, Crow Tribal Court, 2
Folder 47- Briefs and Exhibits, Crow Tribal Court
Folder 48- U.S. District Court, Deposition of Clarence Belue
Folder 49- U.S. District Court, Transcript of Proceedings, 1
Folder 50- U.S. District Court, Transcript of Proceedings, 2
Folder 51- U.S. District Court, Transcript of Proceedings, 3
Series 5:
Folder 1- Correspondence, Clarence Belue, 1
Folder 2- Correspondence, Clarence Belue, 2
Folder 3- Correspondence, Montana Attorney General’s Office
Folder 4- Robert Smith
Folder 5- Ken Johnson
Folder 6- U.S. District Court, Garland Iron
Folder 7- Freedom of Information Request
Folder 8- Empire Sand & Gravel
Folder 9- Conflict of Interest, Clarence Belue
Folder 10- Big Horn County Attorney Campaigns
Folder 11- Charles Cervantes
Folder 12- Bruggeman Incident
Folder 13- Bureau of Indian Affairs
Folder 14- Bipartisan Committee
Folder 15- State of Montana vs. Clarence Belue (Perjury)
Folder 16- Turns Plenty and Stands vs. Big Horn County