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Monday, February 2, 2009

Chief Hicks and the Court

The more I hear about the court system, the less faith I have in it. While I've seen actions from the trial court level that I've disagreed with, I still felt as though that level was fair. I don't have as much faith in the Supreme Court. It will be interesting to see what outcomes result from Terri Henry's case as it certainly demonstrates a double standard of the Hicks administration. How her case is handled will give me a fairly good indication of how my case against the tribe will be handled. I've certainly been done wrong, from the get go, and the Hicks administration at this point doesn't appear capable of being honest and accepting responsibility.
Regardless of how my case turns out, I still have no regrets about suing. The fact is Chief Hicks violated tribal law. He violated a tribal member and American citizen's civil rights, and he needs to be held accountable. When Tribal Council won't do it, the court is all that's left.
Whether or not Chief Justice Bill Boyum is a good friend of Chief Hicks, here's the facts that lead me to question whether anyone with a case against Michell Hicks can get a fair trial at the Supreme Court level:
* The justices are all appointed by the chief. While that's how it goes in many democracies, it still brings objectivity into question, just as it did the U.S. Supreme Court with Bush v. Gore.
* The justices are tribal employees, who ultimately answer to the chief. Their paychecks are signed by the chief. The chief has hiring and firing power over the court system.
* One of the justices Brenda Toineeta-Pipestem, is married to Washington lobbyist Wilson Pipestem. Guess who has direct control over his contract with the tribe.
While I hear things about the behavior of Chief Justice Boyum, none of which I can verify at this point, which would cause me to question his objectivity, these three facts alone bring the objectivity of the entire court system into question, and it's not necessarily a problem with Michell Hicks. It's the way the system is set up, and the flaws in the tribe's governing document. Those need to be addressed in order to build a justice system the tribal members can trust and respect.

1 comment:

Evelyn said...

shelly has legal trouble brewing in terri's case. watch a for a big payout of tribal dollars because of shelly's actions so that case magically settles.