Issue: September 20, 1996
Leech Lake attorneys argue for state court intervention against chairman
(article by Jeff Armstrong)
Cass County district judge John smith heard oral arguments Wednesday in a
civil suit file on behalf of the Reservation Business Committee against its
chairman, Eli Hunt.
Filed Aug. 28 by attorneys under contract with Leech Lake, the
complain request state intervention to enforce a tribal court order
restricting the chairman's authorities and reversing his appointments to
top administrative posts.
"The plaintiff has moved the court to recognize and give effect to
the ruling of a three judge panel of the Minnesota Chippewa Tribe," said
Leech Lake attorney Steve Thorne. "The plaintiff does not believe that the
underlying tribal law issues be relitigated in this court."
Hunt's attorney, Zenas Baer, argued that the state has no legal
authority to determine the respective powers of Leech Lake officials, nor
to enforce a ruling from a court with no adherence to constitutional
norms."
"It seems to me the court must first determine whether this court
has subject matter and personal jurisdiction before it can even entertain
the motion," said Baer, seeking summary dismissal of the suit. In a
similar case last year, a federal judge ruled that New York had no right to
intervene in a Seneca nation leadership dispute, although a faction
opposing recently elected president Dennis Bowen brought the issue to the
state Supreme Court.
Citing Thorne's own brief and a subsequent judge's ruling for
dismissal of a federal suit by tribal members against indicted Leech lake
officials, Baer said the disaffected RBC members should utilize the same
removal/recall petition process validated and served upon three of the four
plaintiffs. "This court has no more jurisdiction to interfere in an
intratribal dispute than the federal government."
Although a recall petition has bee circulated against Hunt without
apparent success, Thorne said such a move would be "like dropping an atom
bomb on Canada over a fishing dispute." At the same time, however, his
brief alludes to violence if the court fails to act.
Baer noted that the Minnesota Chippewa Tribal Court, also known as
the Tribal Appellate Court, was established in 1985, when the Interior
Department was of the opinion that the Tribe must amend its constitution in
order to establish a judiciary, a position it reaffirmed for the fifth time
the following year. "This court cannot give deference to the tribal court
order without determining whether the tribal court is a valid court," said
Baer.
It was not until August 1994 that then associate solicitor Michael
Anderson, in "deference to" the Tribal Executive Committee's
"interpretation" of the constitution, reversed the previous opinions in a
cursory one and one-half page memo to BIA director Ada Deer.
Anderson maintained that the referendum process, misstated as
Article IV rather than XIV of the constitution, provides the people with
the right to review such interpretations. Less than one year later,
however, the TEC interpreted the referendum process virtually out of
existence. Although the TEC recently rescinded it, interpretation #9-95
helped lay the groundwork for the current conflict at Fond du Lac, where
the RBC refuses to recognize a petition far exceeding the required number
of valid signatures.
Baer pointed out that even Anderson's opinion does not recognize
the existing court, but instead urges the Tribe to "proceed immediately to
establish a comprehensive judicial system for the tribal and all its bands
under the existing constitution." According to Baer, "Comprehensive
judicial system means to protect individual's rights, to protect due
process rights, to protect equal access and insure that you have a fair and
impartial judiciary. He didn't say you can do whatever you want and call
it a court and get by with it," said Barer outside the courtroom.
According to the defense attorney, if the court was submitted for
federal approval, it would be rejected for non-compliance with the Indian
Civil Rights Act, "If one looks at the court from which this court order
emanates, there is no semblance of fairness," said Baer.
Hunt's attorney said the court's sole basis for establishing
jurisdiction was a resolution passed at an illegal July 19 RBC meeting held
in the chairman's absence. Even if the resolution, signed only by
convicted secretary treasurer Dan Brown, were valid. Baer said, it
specifically denies any waiver of jurisdiction to state or federal courts.
After the hearing, Hunt said the RBC's suit is an affront to the
sovereignty of Leech Lake and reservations everywhere. "I think it
represents a big threat. Any time you have a tribal government that's
willing to allow state courts some jurisdiction, I think you're setting a
precedent that dangerous to all tribal people," the chairman said. Hunt
also file a motion to disqualify Thorne and Schoessler's law firm from
representing the plaintiff's in the case on conflict of interest grounds.
Thorne argued that tribal judge Chris Anderson -- first cousin to Mark
Anderson, partner in the same law firm -- had already considered and
rejected that argument.
Among judge Anderson's orders one one blocking Hunt from taking
action to "cancel, amend, or suspend any valid Band contract without the
approval or direction of the RBC/RTC. " particularly significant since Hunt
had attempted to suspend and review the law firm's reservation contract two
week's earlier. Hunt charged the attorneys with using Leech Lake funds to
serve their own interests.
"I'm sure Steve Thorne and Jim Schoessler initiated it, and one of
motivating factors is they're getting paid by the hour," said Hunt. "This
is a money thing for the attorneys."
Baer suggested that Schoessler, as MCT general counsel, or a law partner,
likely drafted Anderson's contract and may even have played a role in his
appointment by the TEC, a charge Thorne virulently denied. "The idea that
we have anything to do with the appointment of judges is wild speculation
out of whole cloth," Thorne said.
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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