United States v. Jicarilla Apache Nation
In brief
The Supreme Court ruled that the fiduciary exception does not apply to the United States’ general trust relationship with tribes, overturned the Federal Circuit’s ruling, and sent the case back.
- Where it stands
- Decided
Decided 7-1 · June 13, 2011 · Opinion by Justice Alito
- What it’s about
- The Jicarilla Apache Nation sought confidential communications between the United States and its lawyers about managing tribal funds held in trust.
- Who it affects
- For the Jicarilla Apache Nation, the United States’ general trust relationship alone does not require disclosure of the requested lawyer communications.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled that the exception that can require trustees to disclose lawyer communications (the fiduciary exception to attorney-client privilege) does not apply to the United States’ general trust relationship with tribes, overturned the lower court and sent the case back (reversed and remanded).
The fiduciary exception can let trust beneficiaries obtain some lawyer communications from the trustee managing their funds.
Question presented
Does the attorney-client privilege entitle the United States to withhold from an Indian tribe confidential communications between the government and government attorneys implicating the administration of statutes pertaining to property held in trust for the tribe?
What the Court decided
Holding
The fiduciary exception to the attorney-client privilege does not apply to the general trust relationship between the United States and the Indian tribes. 590 F. 3d 1305, reversed and remanded.
- Result
- Reversed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Dissented
- Wrote an opinion
- Concurring · 2agreed with the result, wrote separately
- Breyer
- Ginsburgwrote separately
- Dissenting · 1disagreed with the result
- Sotomayorwrote the dissent
From the opinions
“The Court’s decision to the contrary rests on false factual and legal premises and deprives the Nation and other Indian tribes of highly relevant evidence in scores of pending cases seeking relief for the Government’s alleged mismanagement of their trust funds.”
What's next
The case returns to the Federal Circuit for further proceedings under the Supreme Court’s ruling.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Impact Analysis
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
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Audio Recording added: Oral Arguments - United States v. Jicarilla Apache Nation
Opinion added: Opinion
More questions
- Why did Justice Sotomayor disagree?
- She argued that federal law requires the United States to act as a trustee when managing tribal trust accounts, so the Nation should receive related lawyer communications.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.