The Ojibwe News / Native American Press (Bemidji, Minnesota), 1998-08-14

              Sparks (and
debate
byFrankCourteau
No one attending the Indian
Sovereignty Debate at the Woodbury
Barnes & Noble bookstore on August
4,1998 was bored by what took place.
David Price, author of The Second
Civil War, Examining the Indian
Demand for Ethnic Sovereignty, and
John Jacobson, law professor at
William Mitchell College of Law and
Judge for the Shakopee Mdewakanton
Community debated furiously formore
than an hour.
The most memorable exchange was
not with words, however. John
Jacobson, in a demeanor hardly
befitting a judge, rudely threw a book
containing Mdewakanton tribal court
records at Price. Most members ofthe
audience in attendance, estimated at
100, were obviously turned off and
shocked by Judge Jacobson's
demonstration of disdain forhis debate
opponent. Semmingly nonplussed.
Price threw the book towards the Judge,
and later remarked "that's the first time
a judge ever threw the book at me."
The comment drew laughter from the
audience.
books) fly at sovereignty
In his fifteen minute opening
statement Price quickly set the theme
ofthe debate. He began, "Nine weeks
ago the U.S. SupremeCourt, inthe case
of the Kiowa tribe said "there are
reasons to doubt the wisdom of
perpetuating the doctrine of sovereign
immunity." Dispensing with abstract
theories about sovereignty, Price
focused on the real-world effects of
tribal sovereignty in Minnesota. He
centered his argument on four issues:
sovereign immunity, conflictof interest
in tribal courts and governments,
Minnesota's unique tribal gambling
compacts, and the effects of tribal
trust lands on the non-Indian
community.
Citing examples of injustice connected
to the Mdewakanton tribe and their
Mystic Lake Casino operation, Price
produced a laundry list of grievances,
then tried to demonstrate how
Jacobson and his law firm (which Price
dubbed "Gambling Incorporated")
were intricately involved. Legal cases
involving injuries and sexual
harassmentatMysticLakeCasinohave
been fought to the level of the U.S.
SupremeCourt, there to be turned down
because of tribal sovereign immunity.
But ina recentKiowa case the Supreme
Court sent a warning to Congress —
limit or eliminate the defense of tribal
sovereign immunity. The court said,
"In our independent and mobile
society, tribal immunity extends
beyond what is needed to safeguard
tribal self-governance."
Regardingconflictsof interest in tribal
government and courts, Price noted
that Indian gaming corporations are
protected by constitutions that are
written by the tribal casino company
owners. Tribal courts are presided over
by judges hired by the tribe, and that
the members of the jury are also casino
owners. Price aksed the question,
"How can this be fair?"
In a stinging rebuke, Judge Jacobson
began by stating he was departing
from his prepared remarks. He then
launched into a characterization of
Price as a demagogue who had written
abook that was "poison," a concoction
of lies calculated to discredit tribal
government. Jacobson argued that
while the Shakopee Mdewakanton had
no juries they nevertheless were able
to rely on well-qualified judges like
Sparks/to pg. 3
•White Earth election results
Sparks (and books) fly at sovereignty debate
•U.S. can prosecute tribal officials for civil rights violations
Court ruling, widespread discontent may foster Wadena comeback on White Earth
•St. Paul Pioneer Press series broadens the discussion of Indian affairs, pg. 4
•Citizens Equal Rights Alliance files Amicus Brief in Mille Lacs Band v. MN, pgs. 4&8
Candidates file for Leech Lake Special Election, pg. 6
Voice ofthe People
giwajJ^.-arrr^Tr^*;^^?."
e-mail: presson@bji.net
Native
American
Ojibwe
News
We Support Equal Opportunity For All People
Court ruling, widespread discontent may
foster Wadena comeback on White Earth
in 1988
^^.A,Lii...,.MWM.^,>^?T.
Volume 10 Issue 44
August 14,1998
A weekly publication.
Copyright Native
by Gary Blair
Does the continuous firing of
employees, controversial elections,
personal security guards for tribal
officials and the reduction of federal
prison sentences for former tribal
leaders—spell more trouble for the
embattled White Earth reservation?
Sources at WhiteEarth thatyour writer
spoke with this week, all say the answer
is, "Yes."
There is talk at White Earth that
another attempt will be made to take
over the reservation's headquarters.
A two-day seizure of the tribal
headquarters occurred June 7, 1998,
and ended with the theft of over 400
absentee ballots from the reservation's
election board's office. A second,
unsuccessful attempt to take over the
reservation's headquarters was made
July 14, 1998. This time, however,
civilian security guards had been
posted inside the building.
Because of the ballot seizure,
questions of credibility now surround
the reservation's election board and
Anita Fineday, the election judge.
Finday ruled thatthe ballotthief during
the June 9,1998, general election did
not effect the election and the balloting
should stand. Her decision stated that
the burglary ofthe election office and
the attempt to stop the election should
not be allowed to benefit those who
were trying to stop the election.
The recent reduction in sentencing
for former White Earth chairman,
Darrell "Chip" Wadena and another
former tribal council member could
mean that Wadena could attempt to
regain power. If that occurs, who on
the reservation would help him?
The answer to that question may lie in
the following comments made by
reservation members who now oppose
the presenttribal council. "What comes
around, goes around," is what your
writer heard on Wednesday of this
week.
Those remarks came from tribal
members who had previously been
opposed to Wadena.
However, others the Press/ON spoke
with at White Earth say, "The
reservation's real problems are being
caused by its administrative
structure." It is a system designed/by
the BIA, one which offers no
accountability, no civil rights, no
separation of power and has served to
oppress Native Americans living in
poverty on U.S. reservations. The tribal
council also controls the election
board. No accountability. No way for
members to legally monitor tribal
councils. No civil rights.
Where can reservation members turn
for a legal remedy? No separation of
powers: tribal councils control police
and tribal courts.
The biggest problem is that tribal
members vote for theirjobs. If Chip
Wadena were to run for office and offer
those who lost theirjobs when the new
government took over employment,
he could potentially attract? largo
portion ofthe vote.
The Annual American Indian Summer Youth Program Feast and Awards Presentation y> as field at I
Park in Bemidji. Minnesota on August 12. Pictured above is a group of participants in the program.
luniond Point
Buckanaga, Bellanger in run-off forChairman;
Goodman, Tibbetts for District III at White Earth
Candidates for Chairman
John B. Buckanaga
Francis "Butch" Bellanger
Marvin Manypenny
Marge Dalve
James Weaver
Jolene Ajootian
Candidates for District HI
Ralph "Bucky" Goodman
Elmer "Gene" Tibbetts
Kenneth "Gus" Bevins
Amelia"Bitsie" Bray (Weaver)
Raymond Bellecourt
William C. "Bill" Crowell
Fenton "Lummy" VanWert, Sr.
Douglas D. Fairbanks
Reservation
456
188
120
110
79
35
988
265
101
111
63
62
39
21
5_
667
Absentee
153
16
20
14
4
_8
215
66
29
6
76
6
43
5
_9
805
Totals
609
204
140
124
83
J!
1.203
331
130
117
13
68
4
26
Ji
138
U.S. can prosecute tribal officials for civil
rights Violations Court rules in Wadena case
Clinton orders improvements in indian
education
WASHINGTON (AP) - Warning
that many American Indiansare falling
further behind in today's high-tech
economy, President Clinton ordered
his adm inistration to work to improve
the education oflndian children, only
10 percent of whom go to college.
"If the trend continues, then the
future for Native American children
will become even bleaker,"Clinton told
tribal leaders during Thursday's
administration-sponsored conference
on economic development.
"The opportunity gap between them
and their peers will widen to a
dangerous chasm." Clinton signed an
executive order that requires his
administration to develop a
comprehensive Indian education
policy within two years.
It also calls for a series of regional
forums for educators to share
information and provides for a series
of pi lot schools to test new methods of
teaching Native Americans.
The federal government funds or
opp -ates 173 schools educating 47,000
students in 23 states, and heavily
subsidizes the schooling of many
other Indian children in public systems.
Fifteen of every 100 Native American
children drop out of school, and more
than a third of adults over age 25 lack
a high school degree. "A lot of them
felt that (college) was always for
everyone else and not for me," said
Clinton/to pg. 3
By Jeff Armstrong
The U.S. 8th Circuit Court of Appeals
this week amended its recent ruling
upholding the convictions of three
former White Earth officials, possibly
leading to reduced prison time for two
appellants.
A three-judge panel of the appeals
court ruled August 11 that an error by
the district court added 8-10 months
to the sentences of former RBC
members Darrell (Chip) Wadena and
Rick Clark. The court of appeals
returned the case to trial judge Davis
for resentencing.
"In sum, the government has failed
to carry its burden of proving Wadena
and Clark's positions significantly
facilitated the commission or
concealment ofthe money-laundering
activities. For this reason, we reverse
the two-level abuse of discretion
enhancement," the court stated.
However, the court forcefully
affirmed the application of federal
conspiracy laws to enforce the Indian
Civil Rights Act (ICRA) against tribal
officials.
"We believe failure of the United
States to assert criminal jurisdiction
over activity on a reservation when
the tribal government no longer
operates legitimately would be an
abrogation ofthe U.S. government's
trustee relationship with tribes such
as the Chippewa," stated the majority
opinion by judge Lay.
Clark and former secretary treasurer
Jerry Rawley had argued that tribal
elections are among the most basic
elements of sovereignty and thus
subject only to tribal jurisdiction.
But the appeals court noted that
Article XIII of the MCT Constitution
brings ICRA's prohibitions against
tribal government civil rights violations
into the Tribe's governing document.
"By direct incorporation, these rights
are now explicitly protected by ICRA.
We hold that they are enforceable
under [federal conspiracy statutes] as
a general federal law."
The court distinguished the case from
the Supreme Court's ruling in Santa
Clara Pueblo v. Martinez because the
latter was a civil suit challenging an
tribal ordinance enacted by a legitimate
government. "The Band's right to self-
determination, which the court sought
to protect in Santa Clara, is not being
threatened by ensuring that voters are
not defrauded. In fact the Band's right
to free and open elections is
vindicated by the present action."
While the appeals court
acknowledged that tribal courts are the
appropriate forum to bring ICRA
challenges, it also observed that such
courts may well be part of the
conspiracy: '"In a criminal context-
when the entire tribal system allegedly
is controlled by a few corrupt
individuals-there is no effective tribal
forum available to protect an individual
Prosecute/to pg. 5
Ruling could get former White Earth leader
Wadena out of prison soon
State prepares to renegotiate gambling
compacts
SIOUXFALLS,S.D.(AP)- Gov.Bill
Janklow wants the state to begin
collecting sales tax on purchases that
non-Indians make on tribal land. He
also wants that issue on the bargaining
table as tribes renegotiate their
gambling compacts with the state.
The newly elected chairman ofthe
Flandreau Santee Sioux Tribedoesn't
like the idea and thinks taxation issues
should not be part of gaming
negotiations. "We want negotiations,
but we feel those tax dollars are here
and they are for food and beverages
that are consumed here on our trust
land and we would hold tough to those,"
Thomas Ranfranz, Santee Sioux Tribe
chairman said.
"We are not asking for a lot of
machines, not like Minnesotaor Iowa,
or North Dakota, but for the right to
compete and grow as the market will
bear."
A1988 federal law allows Indian tribes
to offer any form of gaming permitted
elsewhere in a state. Eight of thestate's
negotiated multi-year compacts with
the state detailing the number of
machines, poker and blackjack tables
they could operate.
Some of those compacts are coming
due. Janklow wants the gambling
compacts to be as uniform as possible.
Ranfranz, elected as tribal chairman
last week, said he expects the
negotiations to be successful.
"We have people standing around
now on Fridays, Saturdays and
Sundays because there are not enough
nine Indian tribes operate casinos. '•*'./
Before opening casinos, each tribe   CrOITip3CtS/tO pg. 3
by Pat Doyle
Mpls. Star Tribune
In a ruling expected to free former
American Indian leaderDarrell (Chip)
Wadena from prison soon, a federal
appeals court Tuesday ordered a
reduction in his sentence for rigging
bids to build a casino in northwestern
Minnesota.
The order, combined with Wadena's
participation in a chemical-
dependency treatment program, could
result in his release within weeks from
afederal prison camp in South Dakota.
He has served nearly two years of a
four-Vear. three-month sentence.
The Eighth U.S. Circuit Court of
Appeals said that although Wadena
laundered money at a local bank, there
is no proof he used his power as
chairman ofthe White Earth Band of
the Appeals Court ordered a reduction White Earth, Minnesota's largest
in the sentence of former White Earth Indian band with a membership
Council MemberRick Clark, who also estimated at more than 20,000. A group
was convicted in the casino bid-rigging that ousted Wadena from office after
scheme. his conviction and took over tribal
Abuse of power was cited by U.S. government has splintered, and some
District Judge Michael Davis when he tribal members said recently that they
sentenced Wadena and Clark in 1996 would welcome Wadena's return to
for money laundering, embezzlement,  power.
bribery, theft and conspiracy. The Neither Wadena nor his political
Appeals Court sent the case back to opponentswereavailableforcomment
Davis for resentencing. Tuesday. But Wadena's son, Tony, a
The case marked a rare instance when memberof the Tribal Council, said the
the federal government prosecuted longtime White Earth leader has
tribal officials for casino-related considered trying to regain office after
corruption. Tribal leaders have argued he gets out of prison,
that they are immune from such "I know it's still in him — to be
prosecution because they represent chairman,"TonyWadenasaid."Ithink
governments having a high degree of he wants to." He said his father talks
sovereignty. "off and on" about it but hasn't made
a decision.
SomewantWadenaback Wadena was one ofthe nation's mo<
Wadena's release could add a new
chairman of the White Earth tsand or      waaena s release couiu auu * new
Chippewatodoit.Forthesamereason,   dimension to the fractious politics of VV3Q6n3/tO pg. 5