Order to Produce Tribal Trust Records Upheld


Attorney-client privilege doesn't shield documents allegedly showing how the government mismanaged the Jicarilla Apache Nation's trust assets, the Federal Circuit ruled. "We hold that the United States cannot deny an Indian tribe's request to discover communications between the United States and its attorneys based on the attorney-client privilege when those communications concern management of an Indian trust and the United States has not claimed that the government or its attorneys considered a specific competing interest in those communications," Judge Arthur Gajarsa wrote.