Leech Lake Chairman Eli Hunt is being sued for the second time in his two
monthes in office.
Twin Cities law firm Jacobson, Buffalo, Schoessler & Magnuson, Ltd.
receives $60,000 annual retainer and fees of $140 hour, paid with tribal
funds to represent the entire tribal council. Steve Thorne and James
Schoessler are currently representing four tribal council members
(including two convicted felons) against the duly elected tribal chairman
in a suit seeking state court intervention to enforce a Minnesota Chippewa
Tribal Court order.
James Schoessler also serves as general council to the Minnesota Chippewa
Tribe, and as a former Minnesota assistant attorney general he represented
the state in court against the Tribe and individual reservations. Chairman
Hunt maintains that this a clear conflict of interest.
On July 19, Chairman Hunt notified the lawfirm that their contract with
Leech Lake would be suspended. He then filed a complaint with the Lawyers
Professional Responsibility Board.
In Hunt's ethics complaint, filed prior to the current suit in state court,
he accuses the firm of violating the terms of contract by billing the
reservation for legal advice and sevices to individual RBC members, and for
advice given during illegally convened Business Committe meetings.
Citing professional codes for attorneys, Hunt argued that ;
"Nowhere in Rule 1,13 does it allow for the possiblity of having an
attorny who previously represented an organization (the RBC) suing one of
his own clients. The clear meaning of the Rule suggests that an attorney
for the RBC cannot take sides in an internal dispute between leaders of an
organization.
The complaint filed against Chairman Hunt by Schoessler and Thorne in Cass
County court:
"Defendent Eli O, Hunt is directing, aiding and abetting a trespass on the
premises of the Leech Lake Band of Chippewa Indians and has prevented, by
order and buy the physical effort of individuals under his control, the
RBT/RTC from removing the trespassers.
The litigation also threatens force if there is no state intervention: "It
increases the likelihood of violence and physical confrontation on the
Leech Lake Reservation by forcing the duly-elected government to consider
using self-help to remove the trespassers from its premises..."
The "trespassers" referred to in the complaint are enrolled members of the
Leech Lake Reservation. They include the administrative staff that was
apppointed by Chairman Hunt. And the duly-elected members of the General
Council.
The suit against Hunt asks the court to review internal political and
constitutional guestions -- which the state has no jurisdiction to even
consider -- and to actively side with the four conspiratial RBC members
against the reservation's highest elected official.
On July 19 the council met in secret and drafted a resolution claiming to
grant original jurisdiction to an appeals court of the Minnesota Chippewa
Tribe to "hear" and decide cases and controversies concerning the authority
of the Reservation Tribal Council and of Band Officers and Employees." The
resolution was signed only by Brown, although the chairman's signature is
legally required on such documents.
Hunt has already challenged the jurisdiction and legitimacy of the tribal
court, whicy operates with neither constitutonal authorization nor clear
federal recognition. At that time Hunt also raised conflict of interest
charges against Thorne and Schoessler, as well as Chief Judge Chris
Anderson who is the counsin of attorney Mark Anderson of the Jacobson,
Buffalo, Schoessler & Magnuson law firm.
The four council members continue to refuse to meet in open forum with the
people. They continue to hold secret meetings and pass illegal
resolutions. These four council members continue to delay the licensing of
the newly appointed gaming adminstrators, thus placing the casinos at risk
of closure, and loss of income for many families, both on and off the
reservation.
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Bernard J. Rock, Sr.
Leech Lake Pillager Band
Spotted Eagle Warrior Society
North Central Minnesota Native American Veterans
Outreach and Resource Center