Rosebud Sioux Tribe Attorney General Condones Civil Rights Violations

 The Rosebud Sioux Tribe Attorney General is the Chief Law Enforcement Official.  The definition of Chief Law Enforcement Official does not mean the RST Attorney General is the Chief of Police or head of the RST Law Enforcement Services.  This means the RST Attorney General makes sure ALL Laws of the Rosebud Sioux Tribe are enforced equally and fairly against and for Tribal Members.  The RST Attorney General is ethically confused, thinking they are only enforce Title 5 of the Rosebud Sioux Tribe Law and Order Code.  The RST Attorney General has blatantly violated his judicial ethics by failing to protect Tribal Members Civil Rights under the Indian Civil Rights Act and Rosebud Sioux Tribe Constitution and By-Laws.

The RST Attorney General has developed a serious case of tunnel vision and has become a political puppet to the Tribal Council.  If you have watched in the past years the Tribal Council tells the RST Attorney General to jump and the RST Attorney General asks, "How High."  Mr. Attorney General, your RST Attorney General Ordinance, RST 88-01, is very clear what your job duties are.  You can't pick and choose what you want to do and don't want to in RST Ordinance 88-01.  Tribal Membership please get to the Tribal Secretaries Office and ask for a copy of RST Ordinance 88-01.

Mr. Attorney General, you are tasked to protect the rights of the TRIBE and its Membership.  You have are well educated and work for the Tribe in Ordinance 88-01.  The TRIBE does not mean the Tribal Council.  The word TRIBE means the Rosebud Sioux Tribe as a whole and everything associated to the Rosebud Sioux Tribe. Remember the word Membership means, Tribal Members, us enroll Tribal members with blankets of Civil Rights protection you ignore.  Remember you represent the Membership too, not the Tribal Council to keep that big salary and pad the resume.  

In a recent Article I authored, I referenced due process and blatant Civil Rights violations pertaining to RST Constitution Article X, Bill Of Rights, (g) Require excessive bail, impose excessive fines, or inflict cruel and usual methods of interrogation or punishment.  You are aware and ignore the fact the Chief Judge and/or the Tribal Council has failed to lawfully establish Tribal Court procedures since 2007.  I should not have to tell you to read the RST Constitution Article XI, Tribal Court, Section 4.

From 1934 to present day the Rosebud Sioux Tribal Court has failed to establish Bond procedures and these procedures have an amounts spelled out in the non-existent procedures.  I'm going to continue to hammer this nail locally and at the Federal level.  I will assist Tribal Members through the process of filing Federal Tort Claims and hopefully WE, the Membership will find legal representation to file a class action lawsuit as well.  

You have allowed your Chief Prosecutor and Law Enforcement to run amuck setting excessive bail/bonds tied to Categories of Crime maximum fine.  I stated before, the $5,000 per Class A or Class F pertains to a fine, the law states, a fine, is lawfully and ethically tied to a fine associated with a conviction.  Since you have allowed your Chief Prosecutor to run amuck, the level of arrogance is insulting and disrespectful to the Tribal Membership.

You are suppose to make sure Civil Rights violations like this don't occur, yet you hide in the shadows and condone these Civil Rights violations.  I will give you an example of how you let your Chief Prosecutor run amuck and Violate Tribal Members Civil Rights.

Example: a married couple, have an argument, Law Enforcements called, due to lack of supervision and proper law training will arrest a ham sandwich.  No photographs were taken, no signed victim statement was obtained, no witnesses were attempted to be interviewed, and request the alleged suspect be placed on a $15,000 cash bond.  The Criminal Judge is involved and grants the $15,000 cash bond.

The alleged victim signs a decline to persecute and even issues your Chief Prosecutor a letter stating they are invoking marital right not to testify.  Only two crimes by law can be prosecuted victimless.  A victimless prosecution requires a high standard of evidence.  Your Chief Prosecutor has to be 100% sure the evidence obtain meets the beyond a reasonable doubt threshold.  

I should not have to remind you, this is the time you step in to review the case and evidence right?  This is where you tell your Chief Prosecutor that you no longer have a case, and the Chief Prosecutor has an ethical obligation not to Violate the Tribal Members Civil Rights by continuing to enforce the $15,000 cash bond.  Everyday you and the Chief Prosecutor ignores the facts, is another day the Tribal Members Civil Rights are violated.  So do you supervise the Chief Prosecutor or does the Chief Prosecutor dictate to you?

This no Bond procedure is a serious issue and now the issue has been raised, I would like to think the RST Attorney General would demand an emergency meeting with his staff, the Tribal Public Defenders, and Chief Judge immediately.  Mr. Attorney General, Immediately is defined as today or tomorrow.  I remind you COVID-19 times have allowed telephonic hearings and meetings for over two years now.  It is my goal to bring national attention to Civil Rights violations occurring on the Rosebud Sioux Tribe.  I will empower and help educate Tribal Members about Civil Rights.

You have failed the Tribe and the Rosebud Tribal Membership miserably, but you are a champion to the Tribal Council for being a political puppet.  I will continue to publicly call for your immediate resignation until such time you prove you can ethically perform your duties for the Membership.  At this point I call for immediate resignation for condoning Civil Rights violations against Tribal Members by you and your staff.

The RST Prosecutor's Office and Court are already in way to deep violating hundreds if not thousands of Tribal Members Civil Rights since September 2007.  It's puzzling how law trained personnel operate with no bond procedures.  Its insulting knowing law trained individuals are using bond amounts associated with the maximum FINE based on a conviction.  You all think we're all dumb and incompetent Natives and no one will challenge you on Civil Rights issues.  I will not stop pursuing national attention and legal remedies until this matter is lawfully corrected.

Respectfully,

Hawkeye Waln