Rosebud Judicial Department Violating Tribal Members Rights With Excessive Bail

 I want to explain the process of how presently a criminal bond is requested on a Tribal Member at the time of arrest.  I will also explain how the Rosebud Sioux Tribe Prosecutor's Office recommends a bond to the Tribal Judge, and the Tribal Judge setting the bond.  In this process you will be able to understand how Tribal Members Civil Rights and Due Process is blatantly violated.  I will explain how the United States Constitution, Indian Civil Rights Act, and Rosebud Sioux Tribe Constitution is violated by Law trained personnel.

First, based on the alleged seriousness of the alleged criminal offense, for example, an arrest is made by Rosebud Law Enforcement, and the Tribal Member is booked into the Rosebud Adult Correction Facility. The arresting police officer completes a probable cause form recommending a bond to the Tribal Judge to set prior to the Tribal Members arraignment hearing.  It is common practice by the Rosebud Sioux Tribe Judicial Branches to recommend $5,000.00 per Class A or Class F offense.  

For example, a Tribal Member can be charged with two Class A or two Class F offenses and the recommended bond is $10,000.00 or higher.  The Judicial Branch has grandfathered this practice of bond setting ignoring Tribal Members Rights.  I want to lay out a timeline to show you how blatant Tribal Members Civil Rights and Due Process is being violated.

1. In the Rosebud Sioux Tribe Constitution and By-Laws, Article XI, Tribal Court, the Rosebud Sioux Tribe Chief Judge is mandated to develop procedures for the Tribal Court.  If the Tribal Chief Judge fails to develop these procedures, the Tribal Council can develop the Court's Procedures.  The Chief Judge has failed to develop detailed procedures for the court and the Tribal Council has not took this role on to ensure the Tribal Court has procedures.

2. The Rosebud Sioux Tribe Constitution and By-Laws, Article X, Bill of Rights, states the Tribe or the Community shall not impose EXCESSIVE BAIL.  The United State Constitution and the Indian Civil Rights Act also make reference to, shall not impose EXCESSIVE BAIL.

3. The Rosebud Sioux Tribe Law and Order Code, Chapter 5, defines Categories of Crime.  In the the Categories of Crime, Class A was not more than 1 year in jail and/or $5,000.00 FINE.  Class F is in relation to the Tribal Law and Order Act language of not more than 3 years in jail or a $15,000.00 FINE or both.

Let's not forget the Tribal Law and Order Act was passed by Congress and signed by President Obama in 2010.  Since 2010 numerous Native American Tribes have implemented the Tribal Law and Order Act however, the Rosebud Sioux Tribe has failed to fully implement the Tribal Law and Order Act for over 11 years now.

The Rosebud Sioux Tribal Court has no bond procedures to present day that were approved by the Tribal Council.  The Federal Judicial Branch has bond procedures and the State of South Dakota has bond procedures.  For example, the State of South Dakota bond procedures states, you have to post 10% of the bond ordered by the court.  An example is, if a persons bond is $5,000.00, you would have to pay $500 to be released from jail.

In Rosebud Tribal Court, if your bond is $5,000.00 you will have pay the full $5,000 to get out of jail. I'll back up to explain the magic number Rosebud Sioux Tribe Law Enforcement, the Rosebud Sioux Tribe Prosecutor's office, and Tribal Judges use is $5,000.00 per Class A offense.  Remember the magic number $5,000.00 pertains to a CONVICTION and FINE in the Law and Order Code not a BOND.

With no bond procedures approved for the Rosebud Sioux Tribal Court, Tribal Members rights are being violated daily.  How can the magic number $5,000.00 per Class A or F be used in relation to a bond?  The Law and Order Code makes no reference in Categories of Crimes to Bonds, when in fact the only legal language pertains to a maximum FINE that could be imposed for a conviction.   If you follow the bread crumbs you will see Rosebud Law Enforcement and the Rosebud Chief Prosecutor is running amuck violating Tribal Members rights.  For the icing on the cake, the Tribal Criminal Judge plays right along violating Tribal Members Rights and Due Process.

We live in a geographical area where the unemployment rate is 80 plus percent and no one can afford these bonds.  Even if the bonds were reduced, they are only cut in half requiring bonds be paid in the full amount.  Where is the Tribal Attorney General in issues like this?  The Tribal Attorney General has become a political puppet to Tribal Government and forgot what his duties are to the Tribe and the Tribal Members.  I'm publicly calling for the Rosebud Sioux Tribal Attorney General's resignation.

Tribal Members need a law firm to assist them and get the attention of the ACLU on Civil Rights Violation issues.  I encourage Tribal Members to read up on the Federal Tort Claims Act and start filing Tort Claims Against the Rosebud Law Enforcement, Tribal Prosecutor's Office, and the Tribal Court for EXCESSIVE BAIL with no BOND PROCEDURES.    

As Tribal Members WE can address these issues together and demand accountability.  Remember, they expect us to follow and obey the law, and WE have Laws to hold them accountable and to the same standard.

Respectfully,

Hawkeye Waln