Motion filed to dismiss lawsuit, reconsider ruling on election eligibility

BY BRITTNEY BENNETT
Reporter – @cp_bbennett
04/23/2018 10:00 AM
TAHLEQUAH – Cherokee Nation citizen Michael Moore has filed a motion asking the District Court to reconsider its April 6 ruling regarding the election eligibility of Principal Chief Bill John Baker and Deputy Chief S. Joe Crittenden, as well as dismiss the petition that led to the ruling.

Moore, an attorney from San Diego, filed the April 13 motion asking the court to allow him to “intervene” and for it to “dismiss” a Feb. 19 petition by CN citizen David Cornsilk.

Cornsilk’s petition asked the court to overturn Attorney General Todd Hembree’s 2016 opinion declaring Baker and Crittenden eligible for candidacy in 2019 because neither had served a full four-year term after being elected in 2011.

Crittenden took office on Aug. 14, 2011, and assumed principal chief duties until Baker was sworn in on Oct. 19, 2011, following a disputed principal chief’s race.

Hembree on March 1 motioned to dismiss Cornsilk’s petition, but on March 26 filed a motion in favor of the court handing down a ruling. District Court Judge Luke Barteaux on April 6 ruled that Baker was eligible for re-election but Crittenden was not.

Moore’s filing asks Barteaux to reconsider and rule on Hembree’s original dismissal motion while rebuking Hembree’s March 26 motion to withdraw.

By withdrawing, Moore states Hembree essentially “attempted to waive sovereign immunity” that he “lacks authority” to do unless given permission by Tribal Council. Moore argues the burden of proof to show the CN waived its sovereign immunity to be sued is on Cornsilk, who “has not shown” any evidence of a waiver.

Moore also argues because “there is no issue or controversy,” the case is not “ripe” for a ruling, as “none of the parties in Cornsilk’s petition have filed to run for office.”

Moore asks that Cornsilk’s petition be declared “premature” because Hembree and Cornsilk are asking for an “advisory opinion” in regards to an interpretation of election law provisions in advance of an actual election.

“They shouldn’t be ruling on matters of speculation,” Moore said. “When it comes to Attorney General Hembree’s pleadings, he withdrew the issue that the court should have been deciding on in order to move his agenda forward, which was to have his opinion deemed legal...It was clever luring by the attorney general, but I hope that the district judge will reconsider the issue of ripeness and recognize that the issue is not ripe and dismiss the case for everyone.”

As of publication, neither Baker nor Crittenden had indicated they planned to run in 2019.

Moore states Cornsilk’s petition also “lacks subject matter jurisdiction” because it is without a “case or controversy” as required by the Supreme Court. Instead, it recommends Cornsilk should challenge Baker and Crittenden’s eligibility “when they actually file for a third term.”

Moore states the CN Constitution provides an “exclusive remedy” for challenging a candidate’s eligibility in Title 26, Section 37(A) or Section 37(B).

Section 37(A) allows any CN citizen who is registered to vote “the right to contest the eligibility of any candidate to run for office” at a hearing with the Election Commission, while Section 37(B) gives the right to appeal decisions concerning a candidate’s eligibility to the Supreme Court.

“In regards to Mr. Cornsilk’s pleadings, it’s all based on speculation,” Moore said. “There was no controversy at the time that he filed, and so people applauded him for filing it and moving forward and trying to have this resolved, but on this kind of issue when there is no controversy, for a non-lawyer to go in and try to have this matter decided, it creates problems.”

Cornsilk said he’s read Moore’s filing. “Basically what it looks like is he reiterated all of the motions to dismiss, the attorney general had filed and withdrew,” he said. “I think his timing is off because if he wanted to join the case he should have done it before the judge ruled or after we appealed. I don’t know why he’s trying to jump into mine, but the more the merrier and I’ll just leave it to the judges to decide whether or not to let him join the case.”

Attempts to contact the attorney general’s office were unsuccessful, though it did file an appeal in the Supreme Court on April 13 concerning Crittenden’s eligibility.
About the Author
Brittney Bennett is from Colcord, Oklahoma, and a citizen of the United Keetoowah Band.  She is a 2011 Gates Millennium Scholarship recipient and graduated from the University of Oklahoma in 2015 with a bachelor’s degree in journalism and summa cum laude honors.
 
While in college, Brittney became involved with the Native American Journalists Association and was an inaugural NAJA student fellow in 2014. Continued mentorship from NAJA members and the willingness to give Natives a voice led her to accept a multimedia internship with the Cherokee Phoenix after college.  
 
She left the Cherokee Phoenix in early 2016 before being selected as a Knight-CUNYJ Fellow in New York City later that same year. During the fellowship, she received training from industry professionals with The New York Times and instructors at the City University of New York. As part of the program, she completed a social media internship with USA Today’s editorial department.
 
Now that Brittney has made her way back to the Cherokee Phoenix, she hopes to use the experience gained from her travels to benefit Indian Country and the Cherokee people.
brittney-bennett@cherokee.org • 918-453-5560
Brittney Bennett is from Colcord, Oklahoma, and a citizen of the United Keetoowah Band. She is a 2011 Gates Millennium Scholarship recipient and graduated from the University of Oklahoma in 2015 with a bachelor’s degree in journalism and summa cum laude honors. While in college, Brittney became involved with the Native American Journalists Association and was an inaugural NAJA student fellow in 2014. Continued mentorship from NAJA members and the willingness to give Natives a voice led her to accept a multimedia internship with the Cherokee Phoenix after college. She left the Cherokee Phoenix in early 2016 before being selected as a Knight-CUNYJ Fellow in New York City later that same year. During the fellowship, she received training from industry professionals with The New York Times and instructors at the City University of New York. As part of the program, she completed a social media internship with USA Today’s editorial department. Now that Brittney has made her way back to the Cherokee Phoenix, she hopes to use the experience gained from her travels to benefit Indian Country and the Cherokee people.

News

BY TRAVIS SNELL
Assistant Editor – @cp_tsnell
05/18/2018 04:00 PM
TAHLEQUAH – Cherokee Nation citizens living outside the tribe’s 14-county jurisdiction are eligible for free one-year subscriptions of the Cherokee Phoenix thanks to a $10,000 disbursement from the principal chief’s office on behalf of At-Large Tribal Councilors Mary Baker Shaw and Wanda Hatfield. The Cherokee Phoenix recently received the funds and is taking names on a first-come, first-served basis until the money is depleted. “These funds that have been provided to the Cherokee Phoenix by the joint efforts of our tribal administration and our At-Large (Tribal) Councilors Mary Baker Shaw and Wanda Hatfield will go a long way in providing subscriptions to at-large citizens,” Executive Editor Brandon Scott said. “It has always been our goal here at the Phoenix to make sure that every citizen that wants a copy of the Cherokee Phoenix is able to get one. That is the sole reason we exist. Our success depends on our subscribers. Our ability to remain independent relies solely on the funds we receive from subscriptions, so these funds are not only assisting at-large citizens they are also assisting us in remaining independent. I’d personally like to thank Councilors Baker and Shaw as well as the administration for making this donation possible.” Scott added that there are no restrictions on receiving a free subscription other than living outside the CN jurisdiction and being a CN citizen. Using the fund, at-large CN citizens can apply to receive a free one-year subscription by visiting, calling or writing the Cherokee Phoenix office and requesting a subscription. The Cherokee Phoenix office is located in the Annex Building on the W.W. Keeler Tribal Complex. The postal address is Cherokee Phoenix, P.O. Box 948, Tahlequah, OK 74465. To call about the fund, call 918-207-4975 or 918-453-5269 or email <a href="mailto: justin-smith@cherokee.org">justin-smith@cherokee.org</a> or <a href="mailto: joy-rollice@cherokee.org">joy-rollice@cherokee.org</a>. The Cherokee Phoenix also has a free website, <a href="http://www.cherokeephoenix.org" target="_blank">www.cherokeephoenix.org</a>, that posts news seven days a week about the Cherokee government, people, history and events of interest. The monthly newspaper is also posted in PDF format to the website at the beginning of each month. Cherokee Nation Businesses in November donated $10,000 to the Cherokee Phoenix’s Elder/Veteran Fund, which provides free subscriptions of its monthly newspaper to elders and/or military veterans who are CN citizens. No income guidelines have been specified for the Cherokee Phoenix Elder/Veteran Fund, and free subscriptions will be given as long as funds last. Tax-deductible donations for the fund can also be sent to the Cherokee Phoenix by check or money order specifying the donation for the Cherokee Phoenix Elder/Veteran Fund. Cash is also accepted at the Cherokee Phoenix offices and local events where Cherokee Phoenix staff members are accepting Elder/Veteran Fund donations. Those who donate can also have entries submitted for them into the Cherokee Phoenix’s quarterly artist giveaway. For every $10 donated or spent on Cherokee Phoenix merchandise, a person gets one entry into the quarterly drawing. The next drawing is July 2 when it gives away a two-piece, 12-foot fishing rod donated by Larry Fulton of Larry’s Bait and Tackle in Fort Gibson.
BY STAFF REPORTS
05/16/2018 04:00 PM
VINITA – Eleven Cherokee families received keys to their new homes on May 11 after participating in the Housing Authority of the Cherokee Nation’s New Home Construction Program. The 1,350-square-foot brick homes on Miller Street each feature a garage, three bedrooms and two bathrooms. According to Cherokee Nation Communications, $1.1 million was invested into the homes and infrastructure and will provide an estimated $28,000 in impact aid to local schools. CN citizen Candle Melton and her family received one of the new homes. The family of three had lived with her mother, and she said the home is a blessing. “We are so excited to have a brand new house to call our own. This would not have been possible without Cherokee Nation and the New Home Construction Program,” Melton said. “I am definitely proud to be Cherokee and cannot thank Cherokee Nation enough for their investments in our communities and for this wonderful opportunity to become the homeowners of a brand new home.” Principal Chief Bill John Baker implemented the program in 2012. The Vinita home recipients were selected from the HACN’s waiting list of applicants who do not own land. “Helping Cherokees improve their lives by establishing homeownership is creating stronger communities and healthier families in northeast Oklahoma,” Baker said. “We took these acres in Vinita and converted them into a desirable neighborhood of almost a dozen houses. Building safe and secure homes that are affordable for our citizens has established Cherokee Nation’s New Home Construction Program as the unparalleled model of excellence for Indian Country.” Chief of Staff and Vinita native Chuck Hoskin said the homes were the latest in decades of improvements to the area by CN. “In more than 25 years of serving the Cherokee people, I’ve witnessed much progress for this community. These new homes will have a lasting, positive impact,” Hoskin said. The HACN recently received a grant from Bank2 for the home program, which allows the HACN to keep the home recipients’ monthly payment at $350. Schools in the area also benefit from the homes because they receive $2,800 in federal impact aid for each enrolled student who resides in the homes. “The new Miller Street Housing Addition is a major boon for the town of Vinita,” Tribal Councilor Victoria Vazquez said. “Not only does it help citizens achieve homeownership, it’s also going to bring much-needed revenue to the school system through impact aid dollars.” Along with the homes, the CN also invested more than $100,000 in infrastructure development on Miller Street and within the housing addition. In addition to the 660 homes built through the program, the HACN has nearly 100 more homes under construction in the tribe’s jurisdiction. For more information, visit <a href="http://www.hacn.org" target="_blank">www.hacn.org</a>.
BY KENLEA HENSON
Reporter
05/16/2018 02:45 PM
TAHLEQUAH – During the May 14 Tribal Council meeting, legislators unanimously amended titles 21 and 22 of the Cherokee Code Annotated, regarding the Violence Against Women Act. The amendment “authorizes special domestic violence criminal jurisdiction over non-Indians who commit domestic violence, dating violence, or a violation of a protection order.” The amended Title 22, Section 70 gives the Cherokee Nation special domestic violence criminal jurisdiction over a non-Indian defendant under certain circumstances, including if the offender resides or is employed within the CN jurisdiction or is a spouse, intimate partner or dating partner of a CN citizen or Indian who lives within the CN. Tribal Councilor Victoria Vazquez said the act’s impact on women is the knowledge that women will be valued, treated with respect and empowered going forward. “I voted for the VAWA to be enforced because it’s the right thing to do. Cherokee Nation leads all tribes in profitable businesses, education and health care in Native Country, and we should be the leader when it comes to the safety of our women and children,” she said. In conjunction, the Tribal Council also amended Title 12 of the Cherokee Code Annotated regarding the Civil Protective Order Act. The amendment gives the CN District Court full civil jurisdiction to issue and enforce protection orders if an act of domestic violence occurred within the CN boundaries. However, the amendment states that jurisdiction is not authorized over parties who are both non-Indian. The amendment also states the District Court has the authority to enforce any orders by civil contempt proceedings, excluding violators from Indian land and other appropriate procedures in matters that arise within the CN jurisdiction or within CN authority according to CN law. In other business, Councilors authorized the “execution of certain contracts that preserve sovereign immunity,” which allows CN to enter into certain contracts more efficiently. Legislators also passed a resolution accepting land from the Oklahoma Department of Transportation, which will allow permanent access and tribal upkeep of the road entering Sequoyah’s Cabin and Museum in Sequoyah County. The Tribal Council also amended the CN comprehensive operating budget for fiscal year 2018, increasing it by $5.9 million for a total budget of $693.1 million. Steven E. Barrick was also reappointed to the CN Gaming Commission.
BY STAFF REPORTS
05/14/2018 04:00 PM
TAHLEQUAH – The Cherokee Nation’s Office of Veteran Affairs will host a Memorial Day ceremony at 10 a.m. on May 25 at the Warrior Memorial east of the Tribal Complex. According to a CN email, the ceremony will honor the men and women who died while serving our country’s armed forces. The ceremony will include a laying of wreaths, a rifle volley and the playing of “Taps.” A breakfast will follow the ceremony.
BY STAFF REPORTS
05/14/2018 12:00 PM
PARK HILL, Okla. — The Cherokee Heritage Center will host gospel performances in Cherokee and English at the 19th annual Gospel Sing on May 19. Performances will begin at 1 p.m. The free event is open to the public, and guests are encouraged to bring chairs. The event concludes at 6 p.m. with a hog fry dinner. For more information, call Becky Adair at 918-456-6007, ext. 6160. The CHC is located at 21192 S. Keeler Drive.
BY ASSOCIATED PRESS
05/13/2018 04:00 PM
NORMAN, Okla. (AP) — A Texas school district is trying to recruit teachers with a billboard campaign in Oklahoma, where teacher protests about salary and other education issues recently closed schools across the state. The Fort Worth Independent School District funded the billboards in Oklahoma City, Tulsa, Norman and Stillwater. The Norman Transcript reports the billboards were revealed Monday with the message: "Your future is in a Fort Worth classroom — teacher starting salary $52,000." According to the latest statistics from the National Education Association, the average salary for a teacher starting out in Oklahoma is $31,919. Only Missouri and Montana are lower. Oklahoma Gov. Mary Fallin signed legislation last month granting teacher pay hikes of about $6,100 and providing tens of millions of new dollars for public schools. But teachers demand more. Fort Worth Independent School District spokesman Clint Bond said the district is "impressed with the passion and commitment" of Oklahoma's teachers. He said the campaign is a means to tap into a pool of quality teachers and show that Fort Worth has something to offer. "I don't think there's any doubt in anybody's mind that those teachers are passionate about their students," he said. "If they were thinking about moving to somewhere like Fort Worth, I know they would think long and hard about that. Norman Public Schools Superintendent Nick Migliorino said he's familiar with neighboring states' attempts to draw Oklahoma teachers away. "We've been dealing with this for many years now," said Migliorino. "When we go to job fairs, the bordering states, not just Texas, have booths there, and they're giving out large signing bonuses and starting salaries that we can't even touch with decades of experience." He said Oklahoma has a ways to go before it can compete in the market for teachers. "We have made incredible strides as a state over this last legislative session, but there's much more to do," Migliorino said.