Attorney Charles Yow, and the Oglala Lakota Bar Association, is attempting to change OST Court for the Better

From the Black Hills Peoples News 1/04

OST Courthouse On December 17, the Oglala Sioux Nation Supreme Court met to hear Oglala Lakota Bar Association vs. Oglala Sioux Bar Association. While Attorney Neil Carsrud represented the Oglala Sioux Bar Association.

The Oglala Lakota Bar Association was recently formed. Verdell Red Cloud is chairman and James G. Durham is vice chairman.

The Oglala Sioux Bar Association is made up of Neil Carsrud, Robert Grey Eagle, OST Chief Judge Cheryl Three Stars Valandra, Theresa Two Bulls, and Leon Romero. Each are interim Board commissioners.

Attorney Yow, in seeking a Motion to Strike, brought to the attention of the Oglala Sioux Nation Supreme Court that OST Associate Judge Lisa Cook is a full time judge with the Oglala Sioux Tribal Court, which prohibits her from the practice of law. And because Judge Cook did prepare an Amicus Curiae, in support of the defendants, the Oglala Sioux Bar Association, her actions involved the practice of law.

Attorney Yow, in the Plaintiff's Response to the Defendant's Motion to Dismiss, asked the Supreme Court to strike the Defendant's Motion to Dismiss because all of the primary parties of this action are licensed attorneys, graduates of ABA accredited law schools and members of the highest bar of a state or federal jurisdiction and also because the motion to dismiss was written by Lisa Cook and Cheryl Valandra who are full time judges of the OST Tribal Court, and that Cook and Valandra are prohibited from practicing law during their tenure as judges. And that the preparation of the motion and brief falls into the classification of being engaged in the practice of law.

Then Attorney Yow brought forward the rules and regulations of the Oglala Lakota Bar Association and he again explained that the Oglala Lakota Bar Association is made up of graduates of ABA accredited law schools and members of the highest bar of a state or federal jurisdiction. And that the Oglala Lakota Bar Association was seeking recognition from the Supreme Court to be the recognized Bar Association on the Pine Ridge Reservation.

Attorney Yow, in layman's terms, explained to the Supreme Court that the Oglala Sioux Bar Association has no rules. And that the Oglala Sioux Bar Association has to follow the law, and the law is that nothing can be done without Tribal Council approval. "And for the people's sake, we want the Oglala Sioux Bar Association to follow the law. This current Bar Association is like having a car with no tires, and only the Tribal Council can put those tires on," Yow said. "And that this is a court of equity and a court of law. And because Chief Judge Valandra did not follow the law, Valandra needs to cease and desist. And because the law was not followed in forming the Oglala Sioux Bar Association, there is fraud in OST Court."

After brief testimony from Attorney Carsrud and Chief Attorney Valandra, Attorney Yow again presented the qualifications of the Oglala Lakota Bar Association.

"This bar is a Bar of Advocates. And we intend to train court advocates. We have a year long program in place, and we have the ability to run it in the courtrooms. Yes, we can take a court advocate and teach them how to be an effective advocate. They will learn the procedures and how to act in the courtroom. We want to train them to do a good job, so Justice will be served. And we are asking for the involvement of the current judges, because we want this to work."

Yow then commended Manuel and Sandy Fool Head for bringing forward the need for a bar association and regulations concerning court advocates.

When Supreme Court Justice Mike Swallow asked Attorney Carsrud if the OST Court had a Bar Association, Carsrud couldn't answer yes. Carsrud did say that a Bar Association is in the planning stages.

Justice Swallow said that there is an OST Ordinance Law that states that a bar association was to have been formed. And if that wasn't done, a law was broken. And that Chapter 45 of the Oglala Sioux Tribal law and Order Code needs to be followed. Swallow asked if anything was done since July 17, 2002, to establish the Oglala Sioux Bar Association.

Attorney Yow explained the OST Judiciary system was supposed to meet this November, but didn't, therefore, had to cancel bar exams in November and December.

Justice Swallow asked Judge Valandra and Carsrud, "You know this was against the law?" Justice Swallow then asked Judge Valandra for minutes of their meetings. Valandra replied that she didn't have any, but maybe there's a transcript.

Although Yow explained that Chapter 45 is law. Carsrud said Chapter 45 is a procedure, and that there was an attempt to follow it. "Maybe we made a mistake, so we're in jeopardy. But we're proceeding with Chapter 45, and our By-laws and Articles will be sent to the Oglala Nation Supreme Court, then to OST Tribal Council. We are complying with Chapter 45."

Judge Valandra said that she is a member of the OST Tribe. And that she was appointed Chief Judge by the Tribal Council in 2002. "We wanted a bar association then," she replied. "And that was in a directive from the OST Judiciary Committee. And I met with Judiciary concerning a Bar Exam." Valandra said she didn't know if there is a bar association right now. But advocates pay $50-250 an oath to practice law.

At this point Attorney Yow was correct. Nothing had been done to prepare a Bar association to be presented to the Oglala Sioux Nation Supreme Court and Tribal Council. And Chapter 45 had been violated many times.

Attorney Yow again testified, "I am not against Judge Valandra. If Valandra will sit down with us, we'll work with her. We'll work with all of you to get this bar association recognized. And the Oglala Lakota Bar Association will put forward a great effort until the Oglala Lakota people have respect for this court. We're serious about this. If the court cannot be honest, then nobody is served; there is no justice."

Justice Swallow said that the Supreme Court could authorize the volunteer Oglala Lakota Bar Association, the group Attorney Yow represented. Swallow also said that the Supreme Court has the right to regulate the court, and we (Justices) are all concerned about the actions of this court.

Attorney Robert Grey Eagle said the Supreme Court needs to address the Advocate issue. And a person has to be a tribal member to be an advocate. And that judges, prosecutors and advocates need to take a bar exam. "I wasn't aware that I was on the Interim Board," Grey Eagle said. "I believe judges need to also take a bar exam. And professional attorneys have to go through a background check."

Judge Cook said the Lay Advocacy pool and tribal court have many issues. And that the entire burden falls on the presiding judge. "Its an impossible situation," Cook said.

Cook also said that there is a movement in the Medicine Root District, a resolution to have her removed. "There are personal attacks on the judges. And there are publications that do the same things. At this point we are not any closer to having qualified advocates," Cook replied.

Grey Eagle also said that the whole court system is counter productive right now. And that Supreme Court Justices also have to take a bar exam. And the OST Code is in desperate need of adjustment. Grey Eagle complained that the $350 fee for attorneys is higher than the State Court fees. "The Code says $5.00," Grey Eagle says. "And there needs to be a revision of the Code. There is no Code of Ethics for attorneys. We need a high Code of Ethics. I request that the Supreme Court make a decision to follow the process."

Grey Eagle questioned if the Oglala Lakota Bar Association was attempting to bar current advocates and attorneys.

Yow replied, "Our intent is not to bar advocates and attorneys. We want our Oglala Lakota Bar Association to govern ourselves. We are doing all of this with respect to the court. Advocates and attorneys can join."

Swallow asked Cook: "What you are saying is that we need a Bar Association?"

Cook answered, "Clearly we need some regulation. I feel helpless about the whole thing. Why are the Interim Board members not aware they are on the Board?"

At this point in court, questions and statements were tossed around. Seventeen people signed up and paid the fee to take the bar exam and who is going to administer the bar exam? Who is going to regulate the attorneys? You can't take an exam if you are administering it. We need to get the ball rolling to have a sane system in tribal court.

Judge Cook complained that advocates call up the court at the last minute and ask for a continuance, and its granted. She said clients and attorneys may have traveled clear from Rapid City or elsewhere and last minute cancellations burden them and the court. "I don't have any hope that we will have a regulated Bar here," Cook said.

Justice Swallow told those in attendance, "We will take all of this under advisement."

Robert Clifford 867-2220