The Tribal Judicial Branches Civil Rights Violations Against Tribal Members Are Deeper Than We All Think

 Today through investigation, I found the Civil Rights Violations against Rosebud Sioux Tribal Members have reached a whole new level.  After talking to my sources of Law Enforcement Officers, some frustration was expressed about being subpoenaed for very old cases.  I ran into an old friend at Allstop in Rosebud, SD and they asked if I had a moment.  I will not disclose my friends charges, but my friend asked if they could still be prosecuted for a Tribal case from 2019 or 2020.  My friend briefly explained the details and I told him to read the Rosebud Sioux Tribe Constitution and By-Laws, Article X, Bill of Rights.

This perked my curiosity so, I called the Rosebud Sioux Tribe Attorney General's Office and asked if criminal cases in Tribal Court are still being prosecuted that are two to three years old?  The response was, I would have to talk to Lloyd (Lloyd Guy the Rosebud Sioux Tribal Attorney General).  I said, I don't believe he will talk to me but asked the same questions again.  The response I received was absolutely alarming.  I was told they could not release any information but the Rosebud Sioux Tribe Chief Judge suspended Article X due to the COVID-19 Pandemic.

The Rosebud Sioux Tribe Constitution and By-Laws, Bill of Rights, Section 1. Bill of Rights, the government of the Tribe including the community shall not, (f) Deny to any person in a criminal or civil proceeding the right to a speedy and public trial which shall be initiated no more than six months from the filing of criminal charges.

Before I go further, I would like the Tribal Membership to google an article titled, Federal Judge Scorches South Dakota Governor Kristi Noem.  In this article, Senior South Dakota Federal Judge, Charles Kornmann issued an order against the State of South Dakota.  In this order, Senior Federal Judge Kornmann clearly states, the COVID-19 Pandemic in not a reason to prolong a criminal case.  A Pandemic is not a free pass to violate Civil Rights.  Judge Kornmann went on to site Governor Noem's and South Dakota's failures regarding the response to COVID-19 in South Dakota.

So you have a Senior Federal Judge issuing an order from the Federal Court Bench stating, the COVID-19 Pandemic is not an excuse to prolong criminal cases.  Well it seems the Rosebud Sioux Tribe Chief Judge, Rosebud Sioux Tribe Attorney General, and Rosebud Sioux Tribe Chief Prosecutor missed this Federal ruling.  Maybe the Rosebud Sioux Tribe Chief Judge, Rosebud Sioux Tribe Attorney General, and Rosebud Sioux Tribe Chief Prosecutor actually think they are above the law and truly believe Rosebud Sioux Tribal Members DO NOT HAVE CIVIL RIGHTS.

What authority does the Rosebud Sioux Tribe Chief Judge think he has to blatantly ignore the Indian Civil Rights Act and the Rosebud Sioux Tribe Constitution and By-Laws?  It appears the Rosebud Sioux Tribe Chief Judge believes he is more powerful than the Indian Civil Rights Act and Rosebud Sioux Tribe Constitution Bill of Rights.  I thought it was the the responsibility of the Court (Tribal Chief Judge) to uphold the Indian Civil Rights Act and Tribal Constitution Bill of Rights.

I know for a fact, it is the Tribal Attorney General Lloyd Guy's legal ethical duty to protect the Tribe (Tribal Members) Civil Rights.  It is the responsibility of the Tribal Attorney General Lloyd Guy to make sure ALL TRIBAL MEMBERS HAVE EQUAL AND FAIR APPLICATION OF THE LAW.  Again, this is another prime example of Tribal Attorney General Lloyd Guy's blatant neglect of duty and his obvious legal ethical violations allowing Tribal Members Rights to be violated as he stands by continuing to be a political puppet to protect that big salary.

Then you have a Tribal Chief Prosecutor, Kelsey Ruby blatantly ignoring her judicial ethics through arrogance thinking a Tribal Chief Judges ruling is lawful and a free pass to Violate Tribal Members Civil Rights.  The Tribal Chief Prosecutor thinks the Tribal Chief Judge actually has the authority to blatantly disregard a section of the Indian Civil Rights Act and Tribal Constitution Bill of Rights.  Not even a Federal Judge has the authority to suspend sections of the US Constitution and the US Supreme Court make judicial rulings citing the US Constitution.  Civil Rights are a major key factor and respected knowing they do not have the authority to just suspend a section of the Bill of Rights knowing it violates Civil Rights.  NOT IN THE Rosebud Sioux TRIBAL COURT THOUGH.

So apparently the Rosebud Sioux Tribe Chief Judge can ignore the US Constitution, Indian Civil Rights Act, Tribal Constitution, and had free rein to say Rosebud Tribal Members have no Civil Rights.  With that, the Tribal Attorney General Lloyd Guy, and Tribal Chief Prosecutor Kelsey Ruby perceived legal authority to blatantly and further Violate Tribal Members Civil Rights.  Based on legal common sense, a Federal Senior Judges Order, and judicial ethics, the 2019, 2020, and some of the 2021 cases should be dismissed.  This is supported by the Indian Civil Rights Act and Tribal Constitution Bills of Rights.

So tomorrow, April 22, 2022, I will email this article to tips@cnn.com, personally contact, and email Angela Keniky.  Based on this blatant judicial ethical violation of Tribal Members Civil Rights, I will author a letter to the South Dakota Bar Association and the Sicangu Oyate Bar Association requesting a full investigation into the insane attempt to suspend a section of the Indian Civil Rights Act and Tribal Constitution Bill of Rights.  I will stress cases two to three years old are being attempted to be prosecuted which is a blatant Civil Rights Violation.

We Tribal Members need to take a stand against our Civil Rights being violated and thinking we are dumb natives and we won't question them.  Those days are over, it isn't the 1960s and 1970s anymore.  If any Tribal Member knows of another Tribal Member, Family, or Friend who is being prosecuted for a 2019, 2020, or maybe even a early 2021 case, please reach out to me.  I would like you to sign and date a petition as an amendment to my complaint to the South Dakota Bar Association and Sicangu Oyate Bar Association.

I'm going to continue to encourage Tribal Members to pursue Federal Tort Claims, Class Action Lawsuits, sending mass letters to the Department of Justice Office of Civil Rights.  We Tribal Members have CIVIL RIGHTS and its time to exercise them.  Enough is enough and I will refrain from calling for a public resignation of the Tribal Chief Judge as he is retiring.  I will continue to publicly call for the Rosebud Sioux Tribal Attorney General Lloyd Guy and Rosebud Sioux Tribe Chief Prosecutor Kelsey Ruby's resignation for blatant Violation of Tribal Members Civil Rights.

Respectfully

Hawkeye Waln