Accountability Could Be Here and Proof of Civil Rights Violations Against Tribal Members

 It was a good day and a huge step in the right direction for Tribal Members Civil Rights.  In one of my last articles, I wrote about the Rosebud Sioux Tribe Ordinance 91-05.  This is the Tribal Ordinance (Tribal Law) that spells out the approval process of approving the Rosebud Sioux Tribe Law Enforcement Sworn Personnel Class A Commissions.  In RST Ordinance 91-05, a Class A Commission grants Rosebud Sioux Tribe Law Enforcement Sworn personnel the authority to enforce Tribal Law.  I previously explained the Class A Commission approval process.  I questioned if the approval process was properly followed.  

On July 15, 2022, I met with the Rosebud Sioux Tribe Judiciary Committee and discussed all the RST Judiciary minutes from present day back to January 2020.  I provided minutes where the RST Judiciary Committee approved by motion, Class C and D commissions for RST Court personnel and RST Game, Fish, & Parks sworn personnel.  Not one time was there a motion to approve any RST Law Enforcement Class A Commissions by motions with names mentioned.  

Previously is explained in 2008, RST Ordinance 91-05 process was questioned and at that time it was determined the proper approval process for approving a Class A wasn't lawfully followed.  The Tribal Chief Judge dismissed a large amount of Tribal criminal cases at this time.  It was deemed from January 2006 to December 2008 RST Law Enforcement sworn personnel were not lawfully Commissioned with a Class A Commission.  Several RST Judiciary minutes were obtained from 2008 proving the Class A approval process was violated.  The RST Judiciary Committee in 2008 took steps to hold RST Law Enforcement accountable and made sure the Class A Commissions followed the lawful approval process.

From several reliable sources, it was confirmed that Rosebud Sioux Tribe Public Defenders Office and other court appointed attorneys filed for a late amount of dismissals in tribal criminal court today.  These dismissals are based on violation of Tribal Law, violation of RST Ordinance 91-05, and history has repeated itself.  The law is clear, if you do not have a valid and lawfully approved Class A Law Enforcement Commission you CANNOT ENFORCE TRIBAL LAW.  So the irony in this boils down to do as I say not as I do.  We will enforce the law against you, you have to follow the law, but we don't have to follow the law and can do whatever we want mentality was in full operation.

Rosebud Sioux Tribe Law Enforcement Administration and some sworn personnel have over 50 years combined in Law Enforcement experience in administering the P.L. 93-638 Rosebud Sioux Tribe Law Enforcement Contract in relation to contract compliance.  It is the legal obligation and duty of RST Law Enforcement Administration to know the correct approval process of Class A Commissions.  In page 16, of the P.L. 93-638 Rosebud Sioux Tribe Law Enforcement Contract, Statement of Work, it clearly states, it accepts Rosebud Sioux Tribe Ordinances and Resolutions.  RST Ordinance 91-05 is one of the most important Ordinance in RST Law Enforcements Statement of Work.  RST Law Enforcement Administration, You failed to lawfully follow the law for the approval process leading to the motions to dismiss being filed.

RST Law Enforcement Administration is just the tip of the iceberg when it comes to who is responsible for serious issue leading to major Civil Rights Violations.  You have a RST Attorney General and a RST Chief Prosecutor who are law trained through an accredited law school.  It is the RST Attorney General and RST Chief Prosecutors job to know all the laws associated with their job duties and the branches they work with like RST Law Enforcement.   RST Law Enforcement count on the RST Attorney General and RST Chief Prosecutor for legal guidance.  Well, RST Attorney General and RST Chief Prosecutor you also failed and are just as responsible for violating Civil Rights like I've been saying all along.  You have a legal ethical responsibility to protect Tribal Members rights throughout the judicial proceeding process.

The legal ethic responsibility by the RST Attorney General and RST Chief Prosecutor gets pretty serious for them.  Being responsible for knowing the laws, soon as the issues was raised, they have that legal ethical responsibility to disclose RST Ordinance 91-05 was violated.  This is where the Brady Act comes into play.  With the RST Attorney General and RST Chief Prosecutor being ignorant to Tribal law, they are liable for failure to act.  Attorney's get disbarred for a lot less ethical infractions than what is currently happening within he Rosebud Sioux Tribe Judicial Branch in the past two years if not longer.

Next, the final signature authority is the Tribal President.  The Tribal President is suppose to ensure the proper approval process in RST Ordinance 91-05 was properly followed before the Tribal President signs off on the Class A Commission card.  I have heard talks of RST Resolution 2020-75 a COVID-19 Pandemic Resolution covers the Class A Commissions.  Fact is, a RST Resolution does not supersede a RST Ordinance according to legislative procedures.  I wrote a letter and served the RST Attorney General and RST Tribal Attorney asking them to legally justify RST Resolution 2020-75 as this resolution is out of order.  Ordinances should have been amended, but they were not and this Ordinance 2020-75 is even inconsistent with the Tribal Constitution.  Somehow, the Tribal Council thought they had the authority to give the Tribal President more Constitutional authority without a Constitution Amendment to the Presidents authority voted on my the Tribal Membership.  Sorry RST Resolution 2020-75 is unconstitutional and out of order and any court of law would agree.  Remember A Federal Judge has already said the Pandemic is not an excuse to violate legal due process and Civil Rights. 

Finally, the Bureau of Indian Affairs is responsible for this mess leading to Civil Rights Violations.  Please I encourage you to read the P.L. 93-638 Law Enforcement Contract and read the section on where it states, the Bureau of Indian Affairs has a Trust Responsibility to the Contract.  This Trust Responsibility is in relation to contract compliance and technical assistance.  The BIA has failed to complete an annual review of the Rosebud Sioux Tribe Law Enforcement Serves for two years now.  Again, COVID is not an excuse and your own Federal Judge issued an order stating it was not an excuse and I'll keep saying it.  

By the BIA failing to complete annual Contract Compliance reviews, it had led to this horrific mess leading to major Civil Rights Violations.  By the BIA failing to complete annual Contractual Compliance reviews has led to serious mismanagement within RST Law Enforcement  and the contract being seriously out of compliance.  It's time for you to all own your mistakes and its out of your hands.  The legal process has started and it's going to keep rolling full steam ahead.  This is not a matter that if you just ignore it, it will just go away in time.  Not this time, Tribal Members are going to stand up for their Civil Rights.

 The damage is done, you can't go back and request to start over with no foul.  You have to face the reality of the fallout with this serious issue.  We the Oyate are going to demand accountability for your legal and unlawful failures leading to serious Civil Rights Violations.  For the Court, remember, precedence has already been set back in 2008 in relation to the exact same violation of RST Ordinance 91-05 invalid Class A Law Enforcement Commissions.  When cases are dismissed in lawful accordance to legal due process being violated, I hope the people seek legal remedies.  The line at the BIA Office picking up Federal Tort Claim forms should be like the line at the Tribal building when they were taking applications for the $2,000 ARPA payments.

To all you responsible for this serious issue, you are not above the law, you have to follow the laws just like we do.  It's called checks and balances and as I will always state, Native Americans have more Civil Rights than any other race.  We have a buffalo robe of Civil Rights supported by the law and no good old boy politics are above the law.  Them days are over, nationally a Civil Rights movement has started, in full force, and will continue and we are going to demand our Civil Rights be honored here on the Rosebud Reservation we pursue legal remedies for violating them.  Everyone responsible for this serious issue need to be held accountable.  Remember you held Tribal members accountable by arresting them, setting unconstitutional bonds, and prosecuting them.

Based on all the articles I authored, this week I delivered a letter to the RST Attorney General's Office, the RST Tribal Attorney, and the local BIA.  I served the local BIA as its a Federal Agency responsible for Tribal Federal Contracts.   My letter contained the language of me declaring and announced in writing, I'm now a Whistleblower.  I'm now claiming Whistleblower protection under the Federal Whistleblower Act.  This is for disclosing mismanagement and misconduct within a Federal Public Law 93-638 Contracts with the Rosebud Sioux Tribe.  By claiming Whistleblower protection, it is against Federal Law to retaliate against a Whistleblower, ME, for disclosing mismanagement, misconduct, and Civil Rights Violations.

I would like to thank the brave people responsible for filing the motions to dismiss, for protecting Tribal Members Civil Rights, being that legal voice for us, and most importantly, doing your jobs.  I now ask the Tribal Chief Judge to lawfully perform his legal responsibility and do his job and follow the law and recognize Tribal members legal due process was blatantly violated.

This is just the tip of the iceberg and I will be presenting another issue even more serious than violating RST Ordinance 91-05.

Respectfully,

Hawkeye Waln