The Ojibwe News / Native American Press (Bemidji, Minnesota), 1998-05-08

              U.S. Senate Indian Affairs Committee holds
final hearing on tribal immunity
By Julie Shortridge
The U.S. Senate Indian Affairs
Committee, chaired by Sen. Ben
Nighthorse-Campbell (R-CO), held
the third and final hearing Wednesday,
May 6 in Washington, D.C. on a bill to
limit tribal sovereign immunity.
Approximately 100 people attended
the hearing as members of the
audience.
Known as "the Gorton bill" or "S.
1691," the bill is being proposed by
Sen. Slade Gorton (R-WA) in an effort
to correct problems in holding tribes
accountable for their actions. This
hearing focused on torts claims,
meaning lawsuits against tribes for
personal injuries. Previous hearings
focused on other aspects of the bill,
including civil rights protections on
reservations, enforcing contracts with
tribes, individual property rights, and
collection of sales taxes from tribal
sales to non-Indians.
Currently, tribes routinely claim
sovereign immunity to avoid
responsibility when people are injured
by negligent acts of tribal governments
or tribal businesses. Many such cases
have arisen in recent years, especially
at tribal casinos where thousands of
customers pass through daily. One
such case is that of Sylvia Cohen, an
83-year-old woman who was knocked
to the ground by a swivel chair at a slot
machine at Mystic Lake Casino in
Shakopee, Minnesota. Cohen suffered
a broken hip, resulting in medical bills
and a permanent reduction in her
mobility. She is attempting to sue the
Shakopee Mdewakanton Sioux for
medical expenses, but no court has
been willing to hear her case because
the tribe asserts that they are immune
from such lawsuits, and the Minnesota
Court of Appeals and Supreme Court
have agreed. Judge, R. A. (Jim)
Randall of the Minnesota Court of
Appeals wrote his now-famous dissent
in the Cohen v. Little Six, Inc. case, in
Hearing/to pg. 8
Vizenor plans new McArthur censure
hearing Auginaush Turney DUI trial set for July 29
needed, if McArthur were to be   hearing shall be posted at least five
By Gary Blair
The list of problems at White Earth
continues to grow as infighting with
the reservation's chairman develops
that could cost him his post.
In a letter dated May 6, 1998, the
president ofthe Minnesota Chippewa
Tribe (MCT) requested White Earth
secretary/treasurer Erma Vizenor to
conduct another censure hearing for
the reservation's chairman, Eugene
"Bugger" McArthur. A 2/3 vote of
the full tribal council would be
removed. McArthur had retained his
council seat after a censure hearing
earlier this year.
In the letter, Norman Deschampe.
president of the MCT, gave the
following reasons for his request. He
said that on June 24, 1996, McArthur
had violated the "Tribe's uniform
Election Ordinance No. 5, when he
took office early during an election
protest. Deschampe said about the
pending hearing, "Such hearings shall
be open to members of the (White
Earth) reservation, and notice of the
days prior to the hearing. The accused
shall be given an opportunity to call
witnesses and present evidence on his
behalf," Deschampe wrote Vizenor.
Deschampe cited the earlier censure
hearing for McArthur held in January,
where in 14 White Earth tribal
members were barred from attending
as part of the reason for the TEC's
latest hearing request. Deschampe
also reminded Vizenor that after a
year of waiting for the White Earth
Vizenor/to pg. 5
Judges consider state policy in support of
tribal court orders
Pat Doyle
Mpls. Star Tribune
American Indian tribes want
Minnesota state courts to enforce
tribal court orders on a wide range of
issues, including disputes over
contracts, injuries and child custody.
And a panel of state and tribal judges,
which includes Minnesota Supreme
Court justices among its members, is
considering writing a rule to allow it.
"A judgment . . . apprehension
order, warrant, subpoena, record or
other judicial act ofa tribal court. . .
is presumed valid and enforceable in
state court," reads one draft of the
rule.
It would apply to non-Indians as
well as Indians and expand the
influence of tribal courts at a time
when casino gambling has brought
new business to reservations and
increased the chance of disputes.
Supporters say the proposal
recognizes the growing importance
and maturity of tribal courts and the
fact that Congress and the U.S.
Supreme Court regard Indian tribes
as semisovereign nations.
But critics, including American
Indians at odds with tribal
governments and lawyers who have
practiced in tribal courts — say it
endorses a system subject to political
manipulation or with a history of
violating civil rights. The panel has
discussed drafts of the rule in
meetings on and off Indian
reservations during the past few
months.
At the insistence of at least one tribe.
Judges/to pg. 6
Senate committee takes up tribal law
overhaul bill
Ingrid Sanden
Star Tribune
WASHINGTON, D.C. - A Senate
committee heard compelling
arguments Wednesday for and against
proposed legislation that would
overhaul American Indian tribal law.
The legislation, introduced in
February by Sen. Slade Gorton, R-
Wash., would take away the immunity
rights that Indian tribal agencies and
businesses have against a broad range
of lawsuits. Lawyers supporting the
legislation said at the hearing of the
Indian Affairs Committee that, the
way tribal law stands now, people
injured on reservations feel they have
no legal recourse to win significant
damages.
Sometimes state or federal courts
direct people to take their cases to
tribal court, but critics say those courts
often lack fairness because they are
controlled by tribal government.
Gregory Abbott, a Minneapolis
lawyer, is representing Sylvia Cohen
of Edina, who broke her hip when a
slot machine chair sprung away from
her at Mystic Lake Casino in Prior
Lake. He told the committee that,
Tribes want state courts to
court orders
Lawrence hand delivers message to U.S. Senators in D.C, pg. 4
Indian Affairs Comm. holds final hearing on tribal immunity, pg. 1
MN. attorney testifies at final tribal immunity hearing in D.C. , pg. 4
Peltier denied parole for third time, pg. 1
Vizenor plans new McArthur censure hearing at W.E., pg. 1
Board rules tribes must disclose campaign contributions, pg. 1
Tribes want state courts to enforce tribal court orders, pg. 1
Residents raided at Red Lake Nation, pg. 1	
Voice ofthe People
e-mail, presson@bji.net
Fifty Cents
Ojibwe
mews
Native
American
We Support Equal Opportunity For All People
r
Founded in 1988
Volume 10 Issue 30
May 8,1898
1
.,
A weekly publication.
Copyright Native American Press, 1998
ST. PAUL, Minn. (AP) -- A group of
Minnesota and tribal judges is
considering a new rule to allow state
courts to enforce tribal court orders.
The rule, requested by some American
Indian tribes, would apply to non-
Indians as well as Indians and expand
the influence of tribal courts at a time
when casino gambling has brought
new business to reservations and
increased the chance of disputes.
Supporters say the proposal
recognizes the growing importance
and maturity of tribal courts and their
recognition by Congress and the U.S.
Supreme Court as semi-sovereign
nations. Critics, including Indians at
odds with tribal governments and
lawyers who have practiced in tribal
courts, say itendorses asystem subject
to political manipulation or with a
history of violating civil rights.
Shakopee Mdewakanton Dakota tribal
judge John Jacobson likens the
proposed "Full Faith and Credit Rule"
to arrangements that have long ex isted
between Minnesota and other states.
But attorney Craig Greenberg, who
has practiced in tribal court, argues
that the comparison isn't appropriate,
because tribal courts differ
significantly from state courts. "The
judges are hired essentially by the
tribes and the casinos," Greenberg
said. He called the proposed rule
when Cohen sued the casino in 1995,
a state court granted a motion to
dismiss because tribal sovereign
immunity was extended to the
coiporation that operates the casino.
The Minnesota Court of Appeals and
Supreme Court agreed.. Now Cohen
is waiting to see whether the U.S.
Supreme Court will hear her case.
"There is no doubt that Mrs. Cohen,
and others like her, have suffered a
grave injustice," Abbot said. "There
is no moral, political or ethical
argument which allows a large
Senate/to pg. 5
enforce tribal
"extremely broad and extremely
dangerous," giving tribal courts "all
the benefits ofthe state court system."
Jacobson said fears about the integrity
of tribal courts are groundless. "These
are not kangaroo courts," he said,
adding that the Shakopee Court has
ruled against tribal officials on
occasion. At Red Lake, Judge Bruce
Graves serves at the pleasure of the
Chippewa tribe's council. After
barring lawyers for years, the Red
Lake court now allows attorneys to
practice, although many poorlndians
are represented by lay advocates with
little or no legal training. When he
PRESSON Photo by L. A.
Grass dancer Frank Hurd and his wife, Louise, a jingle dress dancer, ofthe Leech Lake Ojibwe Nation, enjoying
the 25th CIS Annual Pow wow on May 2 at Bemidji State University's John Glas Fieldhouse.
Peltier denied parole for third time
Tribes/to pg. 3
Board rules tribes must disclose source of
campaign contributions
ST. PAUL (AP) - Tribal
governments that contribute to
political races will have to detail how
much of the campaign money comes
from gambling operations, the
Minnesota Campaign Finance and
Disclosure Board ruled Monday.
In an advisory opinion, the board
said tribes will have to include enough
information when making a
contribution "for the public to
understand what the actual source of
the funds is." "This has not been a
major problem," said board chairman
Barry Anderson. "We're simply trying
to clarify the law."
In addition to the source disclosures.
which must accompany each
contribution, tribes will have to
register with the board if they make
more than three contributions in a
year. "For the most part it is some
additional reporting requirements,"
said Kurt Bluedog, an attorney
representing the Shakopee
Mdewakanton Sioux, which requested
the opinion. "My initial reaction is it's
probably something the tribe can live
with."
But Larry Kitto, a lobbyist for several
tribes, thought the disclosure
requirements would have a chilling
effect on tribal contributions. Some
tribes may decide not to make
donations rather than disclose
sensitive      information.      "The
contributions themselves aren't
significant. What is significant is the
ability to participate in the political
process," he said.
Four tribal entities were among the
45 groups making political donations
over $ 10,000 last year, according to a
report issued yesterday by the
campaign board. Their contributions
totalled $84,103. Most of that money
went to DFL organizations, although
at least $8,750 was donated to
Republican campaign funds.
The board's opinion is retroactive to
the beginning of 1997, so the
organizations will have to collect the
Board/to pg. 5
By Jeff Armstrong
Members of the Leonard Peltier
Defense Commmittee say they will
redouble efforts to free the imprisoned
American Indian Movement activist
in the wake of this week's abrupt
denial ofhis parole request.
One member of the parole board
reportedly told Peltier's
representatives at the May 4 hearing,
"We spoke with one of the agent's
wives, and she wants you to die in
here."
The board rejected his parole request
within a few hours, though Peltier has
already served more than 22 years of
his two consecutive life term sentence.
"They told Leonard it doesn't matter
who shot the agents, someone's got
to pay," said LPDC international
spokesman Bobby Castillo. "It's going
to take people to organize, speak out,
and do something," he said.
Peltier, whose case has been the
subject of intense controversy since
he was extradited from Canda on the
basis of contrived testimony, was
convicted of complicity in the June
27,1975 execution of two FBI agents
during a shootout on the Pine Ridge
Reservation.
Although the government concedes
that it does not know who shot the
agents at close range, the parole board
has insisted that Peltier assume
responsibility for the shootings in a
manner consistent with the jury
verdict against him.
Castillo said the parole hearing was
marked by irregularities, including the
denial of testimony by Peltier's
attorneys and the alleged presence of
federal prosecutor Lynn Crooks. No
mention was made ofthe death of Joe
Stuntz, who was also killed in the
firefight.
Although the parole board's decision
will be reviewed, Castillo said Peltier
and his supporters have little faith in
the system. "After the acquittal of [co-
defendants] Butler and Rabideau,
they wanted to apply the full weight
ofthe legal system to put Leonard in
prison. Now they're using the full
weight ofthe legal system to keep him
in there," said Castillo.
According to Castillo, Peltier's fate
rests largely in the hands of the
government which convicted him. In
1993. Peltier filed a petition with
attorney general Janet Reno for
executive clemency, a process which
normally takes about six months.
Castillo said Clinton must not be
allowed to sidestep the issue any
longer.
"We have to step up the clemency
process," said Castillo, announcing
demonstrations in Washington D.C.
on June 27 and Feb. 6. "If he ain't out
by Christmas, we're going to have to
Peltier/to pg. 3
Residents raided on Red Lake Nation
Community members ask for no parties, drugs in R. L
By Larry Adams
According to PRESS/ON sources
who wish to remain anonymous,
reportedly there have been alcohol
and drug raids in the last few weeks
concerning residents on the Red Lake
Nation in Northern Minnesota.
One of the individuals raided has
children and was told to be out of their
house by Sunday. The source has
resided at that house on the Red Lake
Nation for the past 14 years, the
source said.
At issue is whether or not the people
arrested should legally have to move
out of their houses located on the Red
Lake Nation because of liquor or
marijuana violations.
On Thursday morning, Don
Cook. Red Lake Tribal Court
prosecutor, said that "It's Housing
that's kicking them out. They've
evicted six of them and that's handled
through (Red Lake) Housing
Authority to get a handle on the sale
and distribution of liquor and drugs"
on the Red Lake Nation.
As far as the convictions are
concerned, the Red Lakers arrested in
the raid "can appeal" or ask the Red
Lake Tribal Court to review their case
and reconsider the evictions, said
Residents/to pg. 6
Anglers, landowners protest treaty spearing,
netting
ST.PAUL,Minn.(AP)-- Opponents
of spearing and netting fish by
American Indians showed up at the
Capitol demanding a more aggressive
state challenge to the tribal harvest.
About 40 people, including
landowners already joined in the
state's lawsuit, spoke with a lawyer
from the attorney general's office
Thursday. They also wanted to speak
with Gov. Arne Carlson. They met for
about an hour with Department of
Natural Resources Commissioner Rod
Sando and a Carlson aide.
"If we don't come and voice our
objections, nobody else will," said
Howard Hanson, a longtime opponent
of granting fishing rights to eight
Chippewa bands under a treaty signed
in 1837.
Since -1994, the courts have said
several tribes have the right to hunt
and fish without state regulation in
east-central Minnesota, but this is the
first year that significant fish harvest
could occur.
Last fall, a federal appeals court
affirmed the rights and allowed the
bands to begin exercising them on
Lake Mille Lacs and other lakes. The
state has appealed the ruling to the
U.S. Supreme Court, but the court
grants relatively few requests for
review.