Does the Rosebud Sioux Tribal Treasurer Have More Civil Rights Than Tribal Members?

Does the Rosebud Sioux Tribal Treasurer have more civil rights than Tribal Members?  According to several Rosebud Sioux Tribal Council Representatives, Rosebud Sioux Tribal Attorney General Lloyd Guy and Rosebud Sioux Tribal Attorney Eric Antoine believe the Tribal Treasurer have more rights.  We are all aware of the Oglala Sioux Tribal President's press release regarding the Rosebud Sioux Tribal Treasurer's criminal charges pending in the Oglala Sioux Tribal Court.  According to reliable sources, Attorney General Guy and Tribal Attorney Antoine told Tribal Council, if they attempt to suspend the Tribal Treasurer, he could sue the Tribal Council as (Individuals) and it violates his civil rights under the Indian Civil Rights Act.

I wonder if Attorney General Guy's tongue almost fell out of his mouth saying a Tribal Member's rights could be violated.  Fact is, a legal opinion is just that, a legal opinion from the Trial Attorney General and Tribal Attorney.  Attorney General Guy and Tribal Attorney Antoine stated the Treasurer is innocent until proven guilty.  In a previous article, I reference two court cases where the Rosebud Sioux Tribal Court ruled the Tribal Council can suspend an elected official pending the outcome of the case disposition.  The part of this case that offers due process is the during the suspension, the elected officials pay would be placed in an escrow account.  With the elected officials salary being placed in an escrow account.  This is due process and not violating anyones rights according to the court.

I don't know why I have to continuously remind Tribal Attorney General Guy sections of the Rosebud Sioux Tribe Constitution and By-Laws.  It's Attorney General's Guy's job to know the Tribal Constitution and render legal opinions consistent with the laws.  Article XI, Tribal Court, Section 3 states, the court reserves the right to review and overturn legislative or administrative actions that are inconsistent with the Rosebud Sioux Tribe Constitution and the Indian Civil Rights Act.  Well, Attorney General Guy and Tribal Attorney Antoine, the court has did so twice.  No one appealed the courts decision on suspending an elected official so the case law on suspending an elected official stands.

As for the treat of suing the Tribal Council as individuals, while the Rosebud Sioux Tribal Council is in session, they are protected by sovereign immunity.  Attempting to sue Tribal Council Representative as individuals in next to impossible.  The reason why, you have to pierce the corporate veil in legal terms, and prove the Tribal Council Members acted outside of the scope of their duties and/or authority.  So Mr. Treasurer, Mr. Attorney General, and Mr. Tribal Attorney, the Tribal Court gave the Tribal Council two cannons to choose from so they are acting within their scope of their authority to suspend the Tribal Treasurer.

The Tribal Attorney General Guy and Tribal Attorney Antoine said the court case was wrong in suspending an elected official.  You are wrong and if you felt it was wrong back then, then you should have appealed it, however you didn't.  So, Tribal case law prevails and is the legal guide for the Tribal Council not your POLITICAL LEGAL OPINION.  What the Attorney General Guy and Tribal Attorney Antoine should be telling the Tribal Treasurer is, the more you avoid this criminal issues the greater the consequences could get.  This is what you get with a perceived privileged brat mentality and an arrogance level through the roof.  You think you can do whatever you want without consequences.

The hypocrisy is unbelievable with the Tribal Attorney General Guy.  Attorney General Guy, you can provide to whatever amount of legal advice to the Tribal Treasurer, you say the Tribal Council taking action is violating the Tribal Treasurer's civil rights, and he could sue the Tribal Government.  According to RST Ordinance 88-01 it is your job to protect the Tribe and its membership.  So since you want to continue to be that prized POLITICAL PUPPET, start doing the same for Tribal Members.  

If you can provide a legal opinion to the Tribal Treasurer, a Political legal opinion to the Tribal Council, I ask what about providing a legal opinion for Tribal Members.  Why can't you provide the Tribal Court procedures, why can't you provide the Tribal Court boned procedures, why can't you review the excessive bonds and issue legal opinion for Tribal members?  Why can't you review each Tribal Members case and the evidence before it is sent to the Federal system like it states in RST Ordinance 88-01?  Why can't you review each Tribal Member who is criminally charged to make sure the your unethical Chief Prosecutor isn't violating their civil rights.  Aren't all the Tribal Members sitting on excessive bonds and pending criminal charges innocent until proven guilty too?  So how are Tribal Members different than the Tribal Treasurer?  They are not different and fair is fair here, and you should be disbarred for being a political puppet and allowing Tribal members civil rights to be violated.

The Tribal Council needs to wash their hands of the Attorney General Guy for his unethical legal practices against Tribal Members.  The Tribal Council need the retain a neutral attorney for this matter with the Tribal Treasurer.  A simple motion to suspend the Tribal Treasurer pending the outcome of his criminal charges wit the Oglala Sioux Tribe, the Tribal Treasurer's salary be placed in an escrow account pending the outcome of the case disposition, reference the court case for the record and call for a roll call vote.  If the motion passes the burden s on the Tribal Treasurer to get the Tribal Council motion overturned in Tribal Court.  Fact is, there is standing case law so the Tribal Council motion will stand.  Mr. Attorney General, read these two Tribal Court cases and you will see you political legal opinion has no weight and same goes for the Tribal Attorney.

Mr. Treasurer, I want to explain some factual consequences you could face that are beyond your control based on you actions.  Thinking you're a privileged brat and being arrogant about the situation is only hurting you in the long run.  Picking fights with Tribal Council Representatives is also not is your favor.  You can be arrogant all you want but the fact is, this is what you're potentially facing and it's not going away;

1. The Oglala Sioux Tribe referred the case to the US Attorney's Office in Rapid City, SD.  If so, you are possible facing a federal indictment.

2. If you are convicted of a Class A or felony while in office, you automatically forfeit your elected position.

3. If you are convicted while in office you will never be able to run for Tribal Elected Office again.

4. If you continue to avoid the criminal charges in the Oglala Sioux Tribal Court, The Oglala Sioux Tribe can file an unlawful flight to avoid prosecution against you in federal court and a Federal Warrant could be issued for your arrest.

5. Tribal Council could utilize the Extradition section in the Rosebud Sioux Tribe Law and Order Code and Extradite you to the Oglala Sioux Tribe.

Mr. Treasurer your arrogance is clouding the fact that no one is picking on you, no one is attacking you, no one is out to get you, it's your actions and your unethical conduct based on your own personal choices that caused all these actions against you.  Your arrogance and selfishness clouds the fact that you are causing the Membership of the Rosebud Sioux Tribe and Tribal Government a major public black eye at all levels.  You are innocent until proven guilty just like anyone else, but since a legal process was started against you, the elected position you are in, and a representative of this Tribe, it comes with consequences that is beyond your control during this process.

The Tribal Attorney General and Tribal Attorney General are playing unethical politics for you.  What the Attorney General Guy and Tribal Attorney Antoine don't realize is they just set a dangerous precedent.  So does this mean the legal advice they provided for the Tribal Treasurer just opened the flood gates for every Tribal Member sitting on an excessive bond who is also innocent until proven guilty.  Did the Tribal Attorney General and Tribal Attorney just say Tribal members can sue the Tribe and Attorney General Guy for Civil Rights violations like they told the Tribal Treasurer he could sue the Tribal Council? I thin so.  Attorney General Guy referenced the Indian Civil Rights Act in an attempt to intimidate the Tribal Council.

You see Attorney General Guy, when you become a political puppet, start talking out of both sides of your mouth, you set dangerous precedents and you have done just that.  The Tribal Treasurer does not have more Civil Rights than us Tribal Members.  We are all afforded equal opportunity and application to the law.  Based on you political legal advice for an elected official, you playing politics, and throwing Tribal Members Due Process and Civil Rights to the wolves, I'm again calling for your immediate resignation or for the Tribal Council to immediately terminate your contract and believe me, they have cause to do so.

A note for the Tribal Council, the laws apply straight across the board,  you failing to act, the people are watching and they are talking.  Remember that one person telling you not to take action or maybe its five people, the way things work in the political arena, remember twenty Tribal Members are displeased with your failure to act on ethical accountability and twenty votes are greater than them five votes.  You are playing with political suicide for your failure to act and you are proving to the Membership, you condone unethical behavior by elected officials.  Yet you will call a Tribal Director to Council floor and rake them over the coals and lobby the Tribal President to take action against the Tribal Employee.  

Make the motion to suspend, use the case law its in your favor, and call for a roll call vote.  Show the people which Tribal Council Representatives support the Tribal Treasurer's behavior.  What the Tribal Treasurer refers to the Council Representatives as the "YOUNG ONES" you were elected to make these tough decisions to protect the integrity of our Tribal Government.  It is time for what the Tribal Treasurer refers to you young ones to shine and show the membership we actually have some sort of integrity within our Tribal Government.  I'm going to say this because it needs to be said, if you Council Representatives want to be scared to address this issue and intensionally break quorum so you don't have to deal with it, then resign.  If you can't police yourselves and you are scared by all means for the best interest of the Tribal Membership please resign.

Respectfully,

Hawkeye Waln