The Rosebud Sioux Tribe Attorney General has Failed to Respond and Address the Tribal Membership

 On April 19, 2022 I authored an article asking the Rosebud Sioux Tribal Attorney General, Lloyd Guy to schedule a public justice forum.  This forum was to be with four other individuals and myself, the forum be aired on RST Channel 93, and on KOYA.  In the article I requested the public justice forum be scheduled within ten days of my request.  No forum has been scheduled as I have checked everyday since April 19, 2022.  I know firsthand the Tribal Attorney General Guy received the article.  I received feedback Attorney General Guy was concerned about some of the content in the April 19, 2022 article.

The purpose of this public justice forum was to give the Rosebud Sioux Tribe Judicial Branch with Attorney Guy to address some very serious Civil Rights violation concerns some of us Tribal Members have.  Attorney General Guy decided to seek some advice and questioned some jurisdiction issues.  Attorney General Guy questioned if the South Dakota Bar Association held some jurisdiction of him working for the Rosebud Sioux Tribe.  Well Attorney General Guy, since you failed to hold a public Justice forum, the South Dakota Bar Association as well as the Nebraska Bar Association will get a complaint from me regarding your unethical legal practices against Tribal Members, failure to uphold your legal ethical duty, blatant violation of Tribal Members Civil Rights, and failure to afford Tribal Members equal opportunity and application to the law.

The legal advice you sought, you was told, I have raised some very valid issues, these issue need to be addressed, and it was in your best interest to honor the request for a public justice forum.  With all this being told to you, you still made the wrong choice and continue to avoid the serious Civil Rights Violations of Tribal Members on your watch.  Still you have not issued a formal legal letter with concerns to the court regarding excessive bail and cruell and unusual punishment committed against Tribal Members. I will never stop writing about the Civil Rights Violations you condone until they are corrected.  Let's discuss what excessive bail is again, let's discuss what cruel and unusual punishment is, and how the Federal Government is just as Guilty as you are Violating Tribal Members Civil Rights.

Excessive Bail - The Rosebud Sioux Tribal Court has no established bond procedures approved by the court or the Tribal Council.  Remember in a previous article I explained the jurisdictional bonds.  The Federal Government does not have a bond, you are released promising you will attend all proceedings and abide by conditions of release, you are released on third party, released on home confinement, or you are remanded and held until your trial to be held in 70 DAYS.

The State of South Dakota has bond procedures stating if you pay 10% of the court ordered bond you can be released.  Example is, if your bond is $5,000, if you pay $500 you will be released on bond.  

The Rosebud Sioux Tribe operates with no bond procedures, that old Indian Civil Rights Act before the Tribal Law and Order Act state the maximum time and fine that can be imposed for what Rosebud Sioux Tribe calls a Class A offense is 1 year in jail, a $5,000 FINE or both.  The key word here again is FINE meaning a person is convicted.  The procedures related to innocent until proven guilty does not exist still to this day.

Next the Rosebud Sioux Tribal Council through the Rosebud Sioux Tribal Attorney General amended the Rosebud Sioux Tribal Law and Order Code.  This amendment is called Class F, mirroring the amended language in the Indian Civil Rights Act associated with the Tribal Law and Order Act.  This amendment allows under Class F to impose up to 3 years in jail, a $15,000 fine or both.  Key word again is FINE associated with a conviction.  

The Rosebud Sioux Tribe has not fully enacted the Tribal law and Order Act to present day.  Somehow, the Tribal Chief Prosecutor using Class F like a new fancy car.  The Tribal Chief Prosecutor and the Criminal Court Judge is using Class F to set even higher bonds and imposing maximum sentences.  You see, the Tribal Chief Prosecutor is operating so legally unethical its amounting to serious Civil Rights Violations.  I question if the Tribal Chief Prosecutor is being legally unethical that Tribal Members can file a class action lawsuit against her.  With the legal education she possesses she should know better than to violate Tribal Members Civil Rights.  I strongly believe she lost protection of acting on the color of law.

Cruel and Unusual Punishment - The Tribal Chief Prosecutor is requesting maximum sentences on Tribal Members, ignoring a Tribal Member does not have have any or minimal criminal history, the Rosebud Sioux Tribe only has a couple of statutes that have mandatory sentencing.  Setting excessive bonds knowing being employed on one of the poorest counties in the United States no one can afford these bonds.  

So a Tribal Member who is innocent until proven guilty has a excessive bond, is held in detention some cases cause an Article X issue, mentally breaking down and defeating Tribal Members with limited access to lawyers, and requests to the court being ignored.  The reason why the Court, Attorney General, and Chief Prosecutor ignore written requests is because with no Tribal Court Procedures they can do whatever they want, how they want.  

So a Tribal member sits in jail for months and the Chief Prosecutor uses this unethical stall tactic to her advantage to get a mentally defeated Tribal Member to plead to an offense.  Where is the approved court procedures that explains what a probable cause hearing is, what a suppression hearing is, what other rights a Tribal Member has.  If you walk into a Federal or State prosecutors office or Court you will see pamphlet after pamphlet explaining your rights, and a whole list of the court procedures.  NOT IN TRIBAL COURT BECAUSE THEY DO NOT EXIST.

Tribal Members in Detention do not have access to a law library, they are not given a copy of the US Constitution, Indian Civil Rights Act, or even a Rosebud Sioux Tribal Constitution.  This as all part of the blatant cruel and unusual punishment committed against Tribal Members.  Even recently the Rosebud Tribal Court created a form has income guidelines stating you may have to pay for your own attorney.  IF you take the time to read the Indian Civil Rights Act, it clearly states an attorney WILL BE PROVIDED FOR YOU.  Again just another fact further proving the Rosebud Sioux Tribal Court has no procedures and allows the Chief Prosecutor and its Criminal Judge to run amuck and freely violate Tribal Members Civil Rights.

Then we have the Bureau of Indian Affairs the arm of the Federal Government.  Read Public Law 93-638 an Federal Act passed by United States Law Makers.  P.L 93-638 is associated with the Indian Self-Determination and Education Act.  P.L 93-638 allows Tribes to enter into a Indian Self-Determination Contract with the Federal Government through the United States Department of Interior Bureau of Indian Affairs.  In this approved Federal Contract by the United States Secretary of Interior, allows Tribes to administer certain Tribal Programs like the Tribal Court.  

The legal languages in these Federal Contracts, the Bureau of Indian Affairs is responsible for is called Trust Responsibility, Technical Assistance, bi-annual, and annual reviews to be conducted by the Bureau of Indian Affairs for Federal Contractual Compliance.  In the P.L. 93-638 Self-Determination Contracts like the Rosebud Sioux Tribal Courts, the legal language again references the Indian Civil Rights Act, Tribal Constitution, the Rosebud Sioux Tribe Law and Order Code, Tribal Ordinances, and Tribal Resolutions.  

With blatant Civil Rights Violations going on against Tribal Members, the Bureau of Indian Affairs has miserably failed its legal Trust Responsibility.  The historically and present failure of the Bureau of Indian Affairs Trust Responsibility places the Bureau of Indian affairs in a position for potential Federal Tort Claims even a class action lawsuit.  The Bureau of Indian Affairs sits back and watches the colonized behavior they instilled in Tribal Government unfold and cheer it on like were their favorite football team.

Remember, I'm not advocating for a lawlessness, I'm advocating as Tribal members, WE have Civil Rights, due process, and equal opportunity and application to the law.  If someone committed a crime and the evidence supports the facts then the system is present for accountability.  I'm advocating for a two way street and CIVIL RIGHTS.  When our Civil Rights have been violated, WE Tribal Members have a right to speak up, petition the Government, and exercise our legal remedies.

It sure would be interesting if this argument was in front of the Tribal Supreme Court, or a Federal Judge.  Could the Tribal Court provide approved court procedures they were suppose to have in place since 2007?  Could the Tribal Attorney General or Chief Prosecutor ethically argue and convince the court with no bond procedures they can piggyback off the word FINE associated with a conviction?  Can they defend the Cruel and Unusual Punishment practices being used as Constitutional?  I think not even with a miracle standing by them.

The acts have already been completed, now it's time to start filing Tort Claims, class action lawsuits, criminal charges, and ethics complaints committing these horrid Civil Rights Violations against Tribal Members.  

In closing I want to prove the unethical behavior of the Tribal Chief Prosecutor.  A Tribal Council Representative called the Chief Prosecutor to check the status of a case against the Tribal Council Representatives child.  Well, the Chief Prosecutor with her ignorance and arrogance threatened the Tribal Council Representative with Ethics.  Irony Maybe?  I think so.  Fact is, when you are elected you do not lose your right as a parent.  I think a simple I can't provide you with any information or maybe give a future court date is professional.  Not with the Tribal Chief Prosecutor as the Attorney General has created a monster he can't control anymore.

I again, and will continue to call for the immediate public resignation of the Rosebud Sioux Tribe Attorney General Lloyd Guy and Rosebud Sioux Tribe Chief Prosecutor Kelsey Ruby.  I think it would be in the best interest however, resigning does not make the Civil Rights violations you have already committed and condoned disappear.  Remember, ignorance, arrogance, and emotions are not exception to the law. You are law trained professionals who have and are currently committing Civil Rights Violations against Tribal Members.  Finally, stop telling the Adult Corrections personnel to stop allowing my articles I mail to inmates.  If you have nothing to hide or believe you did nothing wrong then allow my articles in the Adult Corrections Facility to the inmates.

Respectfully,

Hawkeye Waln