Rocky Boy judicial panel disbanded

The governing council of Rocky Boy’s Indian Reservation has removed the members of the commission that oversees the operation of its Tribal Courts. Those members are calling for support from tribal members to oppose that action.

Elinor Nault, who was acting chair of the Chippewa Cree Tribal Judicial Commission before the tribal Business Committee removed her, said Tuesday the members are holding a community meeting Thursday at 6 p.m. in the Lutheran church on the reservation to discuss separation of powers. The commission members maintain that the tribal Business Committee violated that separation by removing the members at an unannounced meeting Friday, without inviting any members of the commission.

“The ex-Judicial Commission (members) believe this is a separation of powers violation because the Judicial Commission requested a background check on the newly appointed judge that the Judicial Commission did not recommend to be appointed,” the commission said in a press release Nault sent to the Havre Daily News.

The action comes in the middle of tumultuous action at Rocky Boy, with the Business Committee removing its chair, the chair alleging that action was taken due to his cooperating with an investigation into misuse of federal money on the reservation, and a string of actions in the courts including the Business Committee removing the chief judge.

The Judicial Commission recommended, in two letters to the Business Committee, that it reappoint that judge, Duane Gopher.

“Although there were two other potential candidates that applied for the position, it is our feeling that Mr. Gopher, an enrolled member of this tribe, is both qualified and capable of continuing in his tenure as the Chief Judge of our Tribal Court,” a June 6 letter reads. “Mr. Gopher has made numerous contributions and has shown great commitment to his work in our tribal court system since he was appointed six months ago.”

The letter also says the commission twice voted unanimously to recommend Gopher for reappointment.

In its announcement that it had selected Dawn Running Wolf-Bitz, a former chief judge in the Blackfeet tribal courts, the Business Committee said it removed Gopher because former Business Committee Chair Ken Blatt St. Marks unconstitutionally appointed him to the position.

St. Marks has said that the Business Committee approved appointing Gopher to the position.

After the Business Committee hired Running Wolf-Bitz, the Judicial Commission sent a letter to the court administrator requesting a background check before her contract was signed. That was followed by the Business Committee voting to remove the members of the Judicial Commission, Nault said.

Gopher’s removal as judge followed his ruling on several issues in the legal issues facing the tribal government. He first affirmed a temporary restraining order keeping St. Marks from the tribal offices after the other council members suspended St. Marks, then rescinded that order after hearing testimony in a hearing.

March 26, Gopher issued a temporary restraining order against the members of the Business Committee and some other tribal government representatives preventing their contact with St. Marks.

In its June 14 letter to the Judicial Commission informing its members the Business Committee had voted to remove them from office, the committee wrote that it may remove Judicial Commission members without cause.

“The Business Committee will be moving in a different direction, as far as the Judicial Commission is concerned,” the letter reads. “The process will be ongoing for the next few months.”