EARTH DAY 2014:  EARTH DAY SHOULD BE EVERY DAY!

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NO FRACKING WAY TURTLE MOUNTAIN TEAMS UP WITH A COALITION OF NORTH DAKOTA CONSERVATION GROUPS GATHERING SIGNATURES TO GET CONSERVATION MEASURE PLACED ON NOVEMBER'S BALLOT

Carol Davis of No Fracking Way Turtle Mountain and Michael Dax of North Dakotans for Clean Water, Wildlife and Parks

Photo Credit: Deborah LaVallie

4-22-14

By Deborah LaVallie

No Fracking Way Turtle Mountain spent Earth Day 2014 gathering signatures at the Sky Dancer Casino and The Turtle Mountain Community College teaming up with a statewide coalition of conservation groups North Dakotans for Clean Water, Wildlife & Parks in an effort to get a conservation measure placed on November's ballot.  The coalition needs 27,000 signatures, but are shooting for 40,000.

The coalition of Ducks Unlimited, Pheasants Forever, Audubon Society, Nature Conservancy and the National Wildlife Federation is hoping the measure would create a fund using a small portion (5%) of the state's oil and gas revenues that would be used for grants to various conservation projects in conserving critical natural areas of the state.  The Turtle Mountain Chippewa Tribe and the Spirit Lake Tribe have passed resolutions in support of the plan, while the Standing Rock Sioux Tribe has a resolution pending.  These tribes would also benefit from the fund for various conservation programs on the state's reservations.

The coalitions main objectives are to protect and restore North Dakota's rivers, lakes and streams, preserve natural areas and critical wildlife habitats and to provide natural flood control.  The initiated measure would create a trust that would disperse grants to various public and private groups to aid water quality, natural flood control, fish and wildlife habitat, parks and outdoor recreation areas, access for hunting and fishing, the acquisition of land for parks and outdoor education for children.

The coalition is finding much support and interest due to federal budget cuts in various conservation programs, such as the CRP (Conservation Reserve Program) and the drastic changes in western North Dakota caused by the 'Oil Boom'.  Michael Dax field director for the group stated that the upcoming November election is important and decisions will be made that will affect the quality of life over the next 20 years, here in North Dakota.

And, with a $6 billion surplus from oil and gas tax monies, Carol Davis, spokesperson for No Fracking Way Turtle Mountain would like to see the tribes benefit from the conservation trust fund in North Dakota.  Protection of the water is a major concern for her. She said No Fracking Way would most definitely apply for funding grants from the trust fund, if the measure passes.  Protection and conserving the tribe's water resources and wildlife habitats should be a major priority she stated.  She would like to see the group expand the knowledge of the tribe on this issue and put on public forums that would increase the tribe's awareness of just how important protecting and conserving our aquifers, lakes and streams, and watershed is.  "It is traditional in our tribe, for the women to be responsible for our sacred water."  She feels this would be an excellent way to bring back those teachings and educate the public, so that our future generations will have the benefit of a fresh water supply, which we so often take for granted.  "Water is life", she said.

http://cleanwaterwildlifeparks.org/

BREAKING NEWS!  TURMOIL IN THE TURTLE MOUNTAINS

ADVERSE PUBLICITY BY THE TURTLE MOUNTAIN JUDICIAL BOARD AND WITNESS JUDGE WILLIAM ZUGER LEADS TO RESIGNATION OF TURTLE MOUNTAIN APPELLATE COURT JUDGE MICHAEL SWALLOW

4-20-14

BY DEBORAH LAVALLIE

Michael T. Swallow resigned Friday from his duties as Alternate Associate Judge to the Turtle Mountain Appellate Court where he has served for many years.  In his resignation sent to the Turtle Mountain Tribal Court and Turtle Mountain Judicial Board, he stated that recent actions of the Judicial Board were the cause of his resignation and effective immediately.

"The recent actions of the Judicial Board to have internal affairs of the Tribal Court, to be publicized on TV, here in Bismarck on KFYR television, including the inclusion of the specifics of the investigation, the charges, etc. are unacceptable to me and I do not want to appear to condone such actions", he stated.  He questioned the Judicial Board, "Why do this?  This is a pending impeachment matter and to allow your main witness, Mr. Zuger, to comment on TV about a pending matter is completely unacceptable."

He went on, "The people involved in this matter are Turtle Mountain tribal members and have due process rights which Mr. Zuger is aware of.  To generate publicity of the matter, prior to the hearing, is not something the Judicial Board should be allowing.  To allow non Indians to come to the Tribe and manipulate the process is not something new to Mr. Zuger."

Swallow stated, "As a Judge of the Court where Mr. Zuger served, I am personally aware of his propensity to speak about the Tribe or our Court without proper authorization and that is common knowledge to our Tribal Court and my Tribe.  The publicity surrounding the investigation illustrates the problems we have always had with Mr. Zuger when he served on the SRST (Standing Rock Sioux Tribe) Court, such as, unauthorized comments about the Court."

"Now, you have a pending impeachment matter that Mr. Zuger is a main witness for and he is allowed to publicly condemn the staff of the Court and try the case in public."  He asked, "What is the purpose of allowing this unrestrained conduct?"  "The people you have charged are enrolled members of your Tribe, duly elected by the people.  Why would you want to allow internal tribal matters to be made public to the whole state of North Dakota and possibly to the entire nation, through Indianz.com?"

Swallow asked the Judicial Board, "Who is controlling this situation?  The publicity surrounding this matter must be controlled to allow those charged the opportunity to a fair hearing, something Mr. Zuger accuses the accused of denying, but yet, he is allowed to engage in the same activity."

"I do not pretend to know the politics of the Tribe, but I would hope that you are capable of giving your own members a fair hearing."  He said that he has always considered himself lucky to serve the Turtle Mountain Tribe, "but the publicity involving this matter, is something that I can't condone."

Recent turmoil within the Turtle Mountain Band of Chippewa began on April 10 when the Turtle Mountain Judicial Board voted to institute formal charges against Chief Judge Madonna Marcellais, Associate Judge Andrew Laverdure and Clerk of Court Jolene House who have 21 days from service of the complaint to respond to the allegations and charges.  Attorney for the Judicial Board, Lynn Boughy has stated that the matter will likely be presented to an impeachment judge selected by the Judicial Board. 

Judicial Board Chair Nicole LaFloe stated in the complaint that, "The Judges and Clerk refused to let us have access to files where we had a complaint, including public files.  They even went so far as to sue the Board to prevent us from looking into the problems."

Turmoil in the Turtle Mountain court system has gone on for years, costing the Tribe much needed funds that could be used to improve the court and to hire more staff.  Previously, the Judicial Board hired William Zuger, a long-time Chief Judge for the Standing Rock Sioux Tribe to review files and complaints of the Board.  Judge Zuger's Conclusion based on his review accused the judges of lack of competence, lack of diligence and lack of professional ethics.  And, the adverse publicity and swirling controversy began with Zuger's public chastisement and denouncement of the judges and clerk in his comments on the case in an interview to KFYR TV in Bismarck (ND) on April 14.  "It struck me as it was kind of obvious. I mean, if the Judicial Board doesn't have a right to look at the files, then who does?" he stated.  Zuger reviewed 25 cases and he says there was a problem with every one of them. "One of the biggest problems is related to tribal code."  Most other news outlets in ND then carried the story resulting in a wide media blitz that included Indianz.com and the details of the case heavily debated on Facebook, which could result in possible charges of Violation of the Right to Privacy and also Slander.  Personal details of the complaint and persons involved were being circulated through various social media sites.

In a statement to The Grand Forks Herald, tribal attorney Richard Monnette said the Judicial Board is the problem, not the Judges. "A lot of the procedures that are supposedly lacking are actually assigned to the Judicial Board.  The Tribe's constitution states that the Board creates judicial policy.  Any delays are caused by a lack of guidelines to follow.  So, if the Judicial Board neglects to make rules, like they should, the judges have to move ahead anyway." The judges and clerk have declined comment at the present time.

http://www.kfyrtv.com/story/25241927/turtle-mountain-judges-face-criminal-charges?config=H264