Rosebud Sioux Tribe Attorney General and Chief Prosecutor Define Hypocrisy in the Courtroom Today

 Today, August 31, 2022 the Rosebud Sioux Tribal Court held a preliminary hearing in regards, to the dismissals of the criminal cases.  The dismissals in criminal court were filed by the Rosebud Sioux Tribe Public Defenders Office, Attorney Aisha Carr, and Dan Gargen regarding invalid Police Commissions.  The issues is the Rosebud Sioux Tribe Law Enforcement did not follow the lawful procedure in obtaining a Class A police commission granting Rosebud Sioux Tribe Law Enforcement the authority to enforce TRIBAL LAW.

Before I get started, I want to recap some issues to clear any confusion. The Rosebud Sioux Tribe Law Enforcement are mandated by Tribal Law to possess a Class A Commission properly approved under RST Ordinance 91-05 pertaining to the section of issuing authority.  The RST Law Enforcement Services sworn personnel can apply through the Bureau of Indian Affairs for a Special law Enforcement Commission.  The policy for a Special Law Enforcement Commission (SLEC) is in the Bureau of Indian Affairs Law Enforcement Handbook section 4-04.  

The two Commissions can't be confused at all.  A Tribal Class A Commission is Tribal Law that grants RST Law Enforcement the authority to enforce TRIBAL LAW ONLY.  A Special Law Enforcement Commission if approved by the BIA, grant RST Law Enforcement to ONLY ENFORCE FEDERAL LAW AGAINST NON INDIANS ON TRIBAL LAND.

In the preliminary hearing presided over by Judge Sherman Marshall was just for some legal housecleaning.  It pertained to witnesses being called, making sure both sides were satisfied with discovery, and to set the September 12, 2022, hearing to begin at 10:30 am.  This hearing was very interesting.  I was very surprised by the Rosebud Sioux Tribe Attorney Lloyd Guy's and RST Chief Prosecutor Kelsey Ruby-Clarks unethical behavior.  

First, the RST Attorney General Lloyd Guy again, did not appear at this hearing or any of the hearings regarding this very important matter involving Tribal Members Civil Rights.  The RST Attorney General Guy had Kurt Argenbright appear as his legal representation at this hearing.  So the RST Attorney General had a lawyer defending him at this hearing.  My first question is, who authorized an attorney for RST Attorney General Guy?  Who authorized the payment or purchase order for Mr. Argenbright to legally represent RST Attorney General Guy?  Did the Tribal President, RST Budget and Finance Committee, or Tribal Council authorized the peoples money to represent RST Attorney General Guy?

If the RST Attorney General was legally competent, he should have been at the hearing representing himself instead of wasting Tribal money.  We the people need to demand the RST Attorney General pay back Mr. Argenbright's legal fees by one lump some of payroll deduction.  In RST Ordinance 88-01, Rosebud Sioux Tribe Attorney General Ordinance Section 7, DUTIES AND RESPONSIBILITIES, D) states;

Protection of Tribal Members and interests of the Rosebud Sioux Tribe in Tribal, State, and Federal courts in litigations and cases involving Criminal Law, Federal Civil Rights, Juvenile Justice, and Indian law.  Provide for the protection of all minors, mentally incompetent and any others who need protection and assistance for reason of health age, or OTHER EXTENUATING CIRCUMSTANCES.  Supervise and direct the Rosebud Sioux Tribe Judiciary Department to provide whatever services are needed for the protection of all Tribal Members.

Today the RST Attorney General proved how legally incompetent he is and proved he has absolutely no judicial ethics at all.  He is in it for the big Tribal paycheck and could careless about his ethical legal responsibility to the Tribal Members Civil Rights in the very RST Ordinance detailing his duties and responsibilities.  Tribal Members need to start demanding his immediate resignation or for him to be immediately terminated for neglect of duty and blatant violation of Tribal Members Civil Rights.  I said it before, his legal incompetence is so blatant I'm going to file a Bad Man complaint against the RST Attorney General under the 1868 Ft. Laramie Treaty Article 1.

Someone in the Rosebud Sioux Tribe Government structure approved payment for the RST Attorney General Loyd Guy to be legally represented in today's hearing.  The RST Attorney General can't even stand up for Tribal Members Civil Rights who are incarcerated who have no legal representation.  This isn't a court issues its an Attorney General Neglect of Duty issue.  Shame on Tribal Government.  The Constitution states a Tribal Member is lawfully afforded legal representation and it's the RST Attorney General's job to ensure Tribal Members Civil Rights are not violated.  This is you prime definition of hypocrisy in obvious form.

Next, The RST Chief Prosecutor Kelsey Ruby-Clark displayed true desperation and hypocrisy in the courtroom today.  RST Chief Prosecutor Ruby-Clark attacked the credentials of an Officer of the Court.  I know this Officer of the Court and he has been practicing law almost as long as she is old.  For the hypocrisy by Chief Prosecutor Ruby-Clark, I served on the Tribal Council from 2012 to 2015.  I serviced on the RST Judiciary Committee at this time.

The Public Defender and Assistant Public Defender at the time disclosed Kelsey Ruby-Clark cheated on her SOBA exam.  The information was first hand knowledge relayed to me and other elected officials at the time.  A complaint was filed with the SOBA Committee.  The SOBA Committee never met for over two years.  The complaint was the former Pubic Defender gave Kelsey Ruby-Clark her SOBA exam to study for the SOBA exam.  The Public Defender took the SOBA exam and passed a year prior.  The complaint was Kelsey Ruby copied the former Public Defenders Soba exam word for word and upset the former Public Defender.  

So for the actions today of accusing an Officer of the Court to not be properly credentialed, I question if Kesley Ruby-Clark is even properly credentialed in Tribal Court as it was disclosed to elected officials she cheated on the SOBA exam.  Talk about blatant hypocrisy, it was displayed today in an act of desperation.  I'm challenging Kelsey Ruby-Clark's credentials to practice law in Tribal Court.  I think a simple request or subpoena for the former Public Defender and Kelsey Ruby-Clark's Soba exam will prove she cheated on the SOBA exam questioning if her SOBA license is valid.

We had another guest in the courtroom today as well, RST Law Enforcement Services Supervisory Special Agent Robert Sedlmajer.  When it comes to Supervisory Special Agent Sedlmajer, I think by SSA Sedlmajer failing to speak up ethically and show a little integrity he is subjecting himself to legal liabilities.  Supervisory Special Agent Sedlmajer went through this very issued in late 2007 and early 2008.  SSA Sedlmajer has vast experience in RST Law Enforcement administration and P.L. 93-638 Contract Compliance and Tribal Law associated with RST Law Enforcement including RST Ordinance 91-05.

The January and February 2008 Judiciary minuted have SSA Sedlmajer's name all over them.  He Commission card was tabled at the time and then finally approved by the RST Judiciary Committee by motion for the Tribal President to sign.  So SSA Sedlmajer clearly understands this Class A Commission process and for him not to speak up about the truth will subject him to legal liability for failure to act not covered by protection of the color of law.  These are all facts they are not hearsay, I heard, or pulling things out of the air that are ALL FACTS AND THE TRUTH.  This can all be collaborated by other legal and reliable people in various professional positions.

In the 2007-2008 RST Judiciary minuets pertaining to invalid Class A police commissions leading to many criminal cases being dismissed one name stands out like a sore thumb to me.  Now Tribal President Herman was a Tribal Council Representative in 2007-2008 when this Class A invalid Police Commission issue lead to Criminal cases being dismissed.  The Judiciary Committee minutes from back then shows the now Tribal President present, making motions, seconding motions and voting in favor of motions.  In the hearing today President Herman is going to be called as a witness and in 2007-2008 he was in favor of dismissing the criminal cases and his committee action proves he agreed the Class A Police Commissions at the time were invalid.  Talk about irony.

Remember Attorney General Guy, it is your job to protect ALL Tribal Members not throw us under the bus and request a lawyer paid my the people money to protect your rear end.  You are in way over you head and you need to immediately resign or the Tribal President needs to remember who he represents, US TRIBAL MEMBERS not the Attorney General.  Some people are just stuck between a rock and a hard spot and they won't be able to get out with the direction they are going.  Have a little integrity if you have any, have a little ethics if you know what that word means.  You have to do the right thing, the fallout is inevitable but that political horse can only be rode so far before its bucks you off and runs away.  

Respectfully,

Hawkeye Waln