HISTORIC DECISION WILL BE MADE BY 'SPECIAL' JUDGE B.J. JONES ON MOTIONS FOR CONTINUANCES ON TEMPORARY INJUNCTION AND COMPLAINT FILED IN STANDING ROCK SIOUX TRIBAL COURT AGAINST THE DISBURSEMENT OF THE $48.9 MILLION SALAZAR TRUST SETTLEMENT BY SRST TRIBAL COUNCIL

HUNGER STRIKE ENDS

THE OYATE OF STANDING ROCK SIOUX TRIBE MARCH FROM SITTING BULL MONUMENT TO THE STANDING ROCK SIOUX TRIBE COURTHOUSE
9-22-12

By Deborah LaVallie

The Turtle Island Messenger 

'Special' Judge B.J.Jones will make his Decision by Monday on actions filed by Valerie Wolf Necklace and Standing Rock Sioux Tribe - ACTT Active Citizens for Tribal Truth members, Archie Fool Bear and Kathy Dancing Bull-Buffalo Boy, both who requested Continuances in order to have more time to gather information and affidavits for their motions for a Temporary Injunction and a Complaint filed in the Standing Rock Sioux Tribal Court on the disbursement of the $48.9 million Salazar Trust Settlement the Standing Rock Sioux Tribe received for the mismanagement of their lands and resources by the U.S. Government.

Testimony was heard by 'Special' Judge B.J. Jones Friday in Wolf Necklace v Standing Rock Sioux Tribal Council, which was a discrimination action for a Temporary Injunction freezing the Salzar Trust Settlement from being disbursed and was filed by Wolf Necklace on behalf of all enrolled members of the Standing Rock Sioux Tribe living off the reservation and the other case Archie Fool Bear and Kathy Dancing Bull-Buffalo Boy v Standing Rock Sioux Tribal Council which was a Complaint filed by the SRST - ACTT members requesting a Continuance, since the Complaint for a Temporary Injunction was filed on the 18th of September and a preliminary hearing was set for only 3 days later on Friday September 21.  No action was taken on the Continuance requests, but Judge Jones did allow the Plaintiffs to present testimony as to why the Complaint was so necessary.  

Testimony was presented by SRST spokesman, Fool Bear, tribal elders Mary Louise Defender, Patty Kelly, Robert Gates, Lynnes End of Horn, Rhea Archambault, and Germaine Tremmel, a United Nations Human Advocacy Worker and enrolled member of SRST originally from the Wakpala area, who was on her way home from Canada when she heard about the hearing, so she stopped by and gave testimony.  

According to Sharon Kary, former SRST Tribal Judge and court administrator and SRST - ACTT member, "The basic theme of the testimony was that the SRST Council failed to take the Settlement budget out to the people for approval, or inform them about the Salazar case and the fact that all of the people want a total payout."  She said ACTT spokesman, Archie Fool Bear did a good job with his witnesses who testified, that they were right to the point.  Witnesses described lack of disclosure, consultation and listening on the part of the tribal council and nearly all witnesses testified how the tribal council went against SRST tribal constitution requirements.  Kary stated that if Judge Jones agrees to the hearing 'all' enrolled members need to be there, "so if you live in California, New Mexico, Colorado, Washington, Minnesota, Canada - wherever - you need to make plans to come home for that hearing."

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Kathy Dancing Bull-Buffalo Boy, SRST - ACTT member and one of the Plaintiffs described the 2 1/2 hour hearing as 'jam-packed' and a standing room only crowd, overflowing out into the hallway.  She said, "We felt the power of the people with us, and it will be remembered by all.  We have so much support from all of the people, but it is something else for them to show up in force." She stated that between September 14-20, 17,197 people have reached out to ACTT and that 994 people have commented on the SRST - ACTT Facebook page.  SRST - ACTT membership hopes the Judge will set a date for the hearing so they could go over what tribal attorney Lindblad gave them.  

SRST - ACTT spokesperson for the Bismarck/Mandan area, Dr. Cheryl Kary said, "If Judge Jones denies the request for a hearing, Long Soldier District has already made a motion and gone on record to file an appeal.  If Judge Jones grants the request, it will put into place a temporary injunction on the disbursement of the Salazar Settlement until the full budgetary process has been observed and recognized by the tribal council, which will allow all of the resolutions and motions passed by the districts and all the petitions from the enrollees to be put into the official record."

Dr. Kary stated that the recall petitions were also discussed at the hearing and that they are still waiting for the election supervisor to certify the petitions on Jay Taken Alive, Phyllis Young and Avis Little Eagle.  There was also another recall petition taken out on Duane Claymore.  The signatures to the petitions must be certified within 90 days.  Three other recall petitions have been taken out on Ron Brown Otter, Sharon Two Bears and Randy White and are near completion for the required amount of signatures.  "This recall process is the truly democratic process we have for giving the people a voice," she said.

The hunger strike of Rhea Archambault and Valerie Wolf Necklace as a way to bring attention to the issues has ended after four days, and Dancing Bull-Buffalo Boy stated, "It has taken it's toll on Rhea."  ACTT members and their supporters met at the Sitting Bull monument in Fort Yates where they smudged and prayed and then marched to the SRST Tribal Court in support of the Plaintiffs.  ACTT member and organizer Rosie Jacobson said, "It was a phenomenal experience of a lifetime - to be marching in front of the Federal building in Bismarck and then from the Sitting Bull Monument to the SRST Court.  I'm tired of seeing the people's rights violated.  The tribal constitution needs to be amended."  She stated proudly, "The amount of people that showed up to support was no surprise to me as I have always kept in close contact with Standing Rock people, and, have always known the way the majority of the people feel."

In a statement to the enrolled members of Standing Rock Sioux Tribe, Fool Bear said, "Yesterday, we didn't have a lawyer to try and play word games with the lives of the people from Standing Rock.  We relied on our knowledge, skills and abilities, and most of all, a cohesive 'team' effort from all the ACTT members.  Our presentation was completely factual and our witnesses, who came from each of the districts testified clearly, based on the facts of what the people wanted, and how the districts said to include the membership not living here."  And, talking about the testimony, he said, "We even had a witness who flew in from Canada that works with the United Nations on human rights issues testify.  Each witness spoke openly and clearly of what the people wanted, and we were able to enter into the record all the petitions signed by our  'relatives' who live away from Standing Rock.  The opposition didn't submit the tribe's general counsel's letter stating the funding is not to be spent until such time that this matter is settled by the courts.  We brought it up and their attorney confirmed the letter.  On Monday, the Court will issue a Decision."

SRST - ACTT SPOKESMAN ARCHIE FOOL BEAR, UNITED NATIONS REPRESENTATIVE - HUMAN RIGHTS DIVISION GERMAINE TREMMEL AND SRST - ACTT MEMBER KATHY DANCING BULL- BUFFALO BOY TESTIFY AT TRIBAL COURT HEARING FRIDAY

THE OYATE OF STANDING ROCK SIOUX TRIBE MARCH FROM SITTING BULL MONUMENT IN FORT YATES TO SRST TRIBAL COURT HEARING FRIDAY MORNING

PRAYER CEREMONY HELD AT SITTING BULL MONUMENT BEFORE SRST TRIBAL COURT HEARING ON FRIDAY, SEPTEMBER 21 BY SRST - ACTT

PHOTO CREDITS:  NICHOLE WINANS STRIKES TWO