Fred Paquin v. City of St Ignace, 321 Mich. App. 673

Paquin pleaded guilty in federal court (2010) to conspiracy to defraud the United States for misuse of federal funds while serving as chief of the Sault Tribe’s police and as an elected tribal board member; he was sentenced to 1 year and 1 day imprisonment.
After release, Paquin sought to run for St. Ignace city council in 2013; the Michigan Attorney General issued an opinion concluding Michigan Const art 11, § 8 bars persons convicted of certain felonies related to official duties in tribal government from holding state or local elective office.
Relying on that opinion, the city informed Paquin he was ineligible; Paquin sued for declaratory relief seeking a ruling that the constitutional disqualification does not apply to convictions arising from service in a federally recognized Indian tribe.
The Attorney General intervened and argued tribal positions qualify as local governmental offices/employment under art 11, § 8.
The trial court denied Paquin’s summary-disposition motion, held the Tribe is a “local government” under the plain meaning of the constitution, and dismissed his complaint with prejudice; Paquin appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether employment/elected office in a federally recognized Indian tribe counts as an "elective office or position of employment in local, state, or federal government" under Const 1963, art 11, § 8	Paquin: the phrase does not encompass tribal governments; AG cited no authority to extend § 8 to tribes	City/AG: tribes are sovereign local governments and tribal offices/employment are covered by § 8	Court: Tribe qualifies as a “local government” and Paquin’s tribal roles fall within § 8, rendering him ineligible

Santa Clara Pueblo v. Martinez, 436 U.S. 49 (tribes are distinct, independent political communities retaining local self-government authority)
Michigan v. Bay Mills Indian Community, 134 S. Ct. 2024 (tribes retain inherent sovereign authority absent Congressional action)
Mescalero Apache Tribe v. Jones, 411 U.S. 145 (Indians off-reservation are generally subject to non-discriminatory state law absent federal law to the contrary)
McDonald v. Means, 309 F.3d 530 (federal recognition of tribal exercise of local governmental functions — persuasive authority equating tribal government with local government functions)
Tomkiewicz v. Detroit News, Inc., 246 Mich. App. 662 (law enforcement is a primary function of local government)
Fulicea v. Michigan, 308 Mich. App. 230 (standard for de novo review of constitutional interpretation)