Where was the Rosebud Sioux Tribe Attorney General and Rosebud Sioux Tribe Chief Prosecutor Today?

In my previous article, I explained the Rosebud Sioux Tribe Public Defender's Office and other Attorney's representing Tribal Members in Tribal Court filed for dismissals in criminal court.  The foundation for the dismissals of criminal cases from January 2020 to August 8 2022 was based on a violation of Rosebud Sioux Tribe Ordinance 91-05.  The commission application and commission cards the Rosebud Sioux Tribe Law Enforcement sworn personnel need approval in accordance with RST Ordinance 91-05.  This process was not followed and the Tribal Law was violated leading to the motions to be dismissed being filed.  

The August 5, 2022, Rosebud Sioux Tribe Judiciary Committee finally approved Class A commissions for the Rosebud Sioux Tribe Law Enforcement Services according to the August 5, 2022, Judiciary Committee minutes.  However, The Rosebud Sioux Tribe Judiciary Committee still violated Tribal Law in reference to RST Ordinance 91-05 by approving the Class A police commissions for 5 years.  RST Ordinance 91-05 was never amended by the Tribal Council approving Tribal Commissions to enforce Tribal Law from 2 years to 5 years.  

The RST Judiciary Committee does not have the authority to approve such amendment they only have recommending authority to Tribal Council for the Class A Law Enforcement Class A commission to expire in 2 years rather than 5 years.  It would seem a situation affecting Tribal Members Civil Rights and Legal Due process, Tribal Government would follow the law and get it right this time.  Apparently not, as the RST Law Enforcement Commission cards grant authority to enforce Tribal law will expire in 2 years not 5 years. This leaves the looming question, are the Class A Law Enforcement commissions still invalid being inconsistent with Tribal Law reflecting 5 years rather than 2 years without properly following the legislative process to amend RST Ordinance 91-05.  This is not rocket science, the Tribal Law is clear yet Tribal Government still ignores the law and violated Tribal Law again.

When the RST Public Defenders Office and other Attorney's filed the motions to dismiss based on the process of approving RST Law Enforcement Class A commissions, the Chief Prosecutor filed a motion.  The RST Chief Prosecutor, Kelsey Ruby filed a motion to recuse all Tribal Judges in relation to the motions to dismiss regarding invalid RST Law Enforcement Class A Commissions.  Chief Prosecutor Kelsey Ruby's motion to dismiss was based on Rosebud Sioux Tribe Law and Order Code Civil Rule 63B.

Today August 9, 2022 at 2:00 pm a hearing was held at the Rosebud Sioux Tribal Courthouse regarding Chief Prosecutor Kelsey Ruby's above motion.  I attended the hearing today.  All four Tribal Judges were present on the bench with assistant prosecutor Boe Bear Shield, Fred Davis Jr., and Andrea Hacker present for the RST Prosecutor's Office.  Present for the RST Public Defenders Office was Chief Public Defender Bob Brown and Assistant Public Defender Travis Wooden Knife.  Private Attorney Aisha Carr who stated, she represents seven Tribal Members still incarcerated in the Rosebud Adult Corrections Facility.    Chief Prosecutor has a legal memorandum from Children's Court Public Defender Maria Lambert.

The serious issue at hand here was where was the Chief Prosecutor Kelsey Ruby who filed the motion?  The second question is, where in the heck was the Rosebud Sioux Tribe Attorney General in a matter this serious in reference to a dismissal motion being filed on criminal cases for over two and a half years.  A facebook post proved the RST Chief Prosecutor was on vacation with leave being approved by the RST Attorney General.  This left prosecutors attempting to justify a motion to recuse all Tribal Judges.  Remember, these prosecutors did not file this motion, Chief Prosecutor Kelsey Ruby filed the motion.

In an exchange with all four Tribal Judges, the prosecutor's office limped through the motion hearing.  The RST Chief Judge explained to the Prosecutor's that Rule 63B pertains to Civil court and not Criminal Court.  The Chief Judge even went as far to read the law verbatim on the proper section to recuse a Tribal Judge.  Further on, Tribal Judge's pointed out the RST Prosecutor's argument was contradicting.  It went as far as the Tribal Judges passively scolding the RST Prosecutor's engaging in an attempt to question the courts integrity.

 

I felt for the RST Prosecutor attempting to make a legal argument on a motion that was filed RST Chief Prosecutor Kelsey Ruby on judicial incompetence expecting another prosecutor to argue her judicial incompetence.  Once the prosecution rested it was the Public Defender's and Attorney Carr's turn.  Chief Public Defender Bob Brown made the opening comment, the court basically made the Public Defender's Office case by its line of questioning to the Prosecutors office.  The Courtroom erupted in laughter at this time in regards to Chief Public Defender Brown's comment.

I commend Attorney Aisha Carr for making a statement for the record.  Attorney Carr's statement was, the motion filed by the RST Chief Prosecutor was a tactic in hopes to stall the motion to dismiss filed.  Attorney Carr went on to state, an expedited motion was filed for the motion to dismiss and every second her clients are in jail is a violation of their rights.  It could not have been said any better that Attorney Carr's statement for the court record.  

The RST Chief Prosecutor filed a judicial incompetent motion for the reason in hopes to stall the criminal dismissals and grasping at air in this process.  The RST Chief prosecutor Kelsey Ruby made herself comfortable and was allowed to get away with violating Tribal Members Legal Due Process and Civil Rights for years.  Now Chief Prosecutor Kelsey Ruby's bluff was called and she tucked her tail and ran from the issue.  Chief Prosecutor Kelsey Ruby ran from her judicial incompetent motion and went on vacation still proving she does not respect nor care about Tribal Members Legal Due Process and Civil Rights.  She cowardly ran and threw her subordinates to the wolves attempting to justify the judicial incompetent motion she filed.

In a matter this serious in relation to Tribal Members Legal Due Process and Civil Rights being violated She failed to do her job.  RST attorney general failed to review the judicial incompetent motion filed by RST Chief Prosecutor Kelsey Ruby.  He failed to pull the motion back, failed to have a meeting how to address the dismissal motion filed.  This proves the RST Attorney General Guy's legal incompetence.  If he was goin to allow Chief Prosecutor Kelsey Ruby to go on vacation to avoid the incompetent motion, Attorney General Guy should have appeared in court today to argue the judicial incompetent motion filed by his Chief Prosecutor.

For months now I have been calling out RST Attorney General Lloyd Guy and RST Chief Prosecutor Kelsey Ruby's unethical legal practices, neglect of duty, and violating Tribal Members Civil Rights and Legal Due Process.  It has all come to a head now and it's time to face the facts.  I will say again, these tactics by the RST Attorney General and RST Chief Prosecutor is a blatant disrespect to Tribal Members Civil Rights and Legal Due Process.  It is also blatant disrespect to our Lakota Traditions in relation to respecting the legal wisdom they are suppose to possess.  

Based on actions and the RST Chief Prosecutor and the RST Attorney General not appearing in court over a serious matter regarding Tribal Members Civil Rights and Legal Due Process its time for us Tribal Members to demand action.  This behavior by the RST Attorney General and RST Chief Prosecutor against Tribal Members is blessed and condoned by the Tribal President and Tribal Council.  For Tribal Government to condone and allow Tribal Members Civil Rights and Legal Due Process be violated its time for the people to demand action.

If our Tribal Government can't stand up for Tribal Members Civil Rights and Legal Due Process and neglect their duties of Office and Oath of Office, they need to resign.  Tribal Government attempted to minimize violation of Tribal Members Civil Rights and Legal Due Process.  A real leader or leaders would stand up for the Oyate based on the facts and hold everyone involved in this serious matter accountable.  Well, once the motion to dismiss is granted then Tribal Government also need to be held accountable for protecting and condoning violations against Tribal Members.

Our Current Tribal Government behavior is a mirror of the behavior and tactic of the Donald Trump administration.  Our or Rosebud Sioux Tribal Government is following the Donald Trump playbook and behaving like the MAGA movement against its own Tribal Members.  If you are scared to hold people accountable for violating Tribal Members Civil Rights and Legal Due Process and want to political paddy cake I call for your resignations.  Failure to educate yourselves and read basic Ordinances, Tribal Law, and more importantly comprehend the Tribal Constitution by reading and common sense than you are guilty of neglect of duty.  Ignorance to the law is not a valid defense and when you have put Trump style politics before the Tribal membership you failed.   

We are going to organize, we are going to show up in mass groups to be heard and demand accountability against all individuals responsible for Civil Rights and Legal Due Process Violations.  You all hide behind using a public building is still closed to avoid direct criticism and an open honest government.  I think a simple court filing against Tribal Members being locked out of their Tribal Building is warranted and we would win.  Open our Tribal Building back up to the Tribal Membership, stop hiding from us, stop avoiding us because our voices are already being heard.

I notified the Rapid City Journal and Keloland regarding the Law Enforcement Class A commission issue and explained its history repeating itself.  Now with the media involved you're going to have to change your times from elected Officials to now, full time professional avoiders from everyone.   The act has already been completed, nothing you can do about it except make it right and assure it will never happen again or at least under your administration and terms of office.  Hold those responsible for violating RST Ordinance 91-05 and violating Civil Rights and Legal Due Process accountable immediately or Tribal Government is just as guilty and making a stronger case for us Tribal Members.

The Difference between a leader and a politician is this, a politician is invested in a selective group of individuals only.  A leader is invested in all the people, the Oyate as a whole.  In relation to this serious matter I have yet to see leaders I only see Rosebud Sioux Tribe Trump style politicians.

Respectfully,

Hawkeye Waln