Supreme Court asked to declare Crittenden eligible in 2019

BY BRITTNEY BENNETT
Former Reporter
04/23/2018 12:00 PM
TAHLEQUAH – The Attorney General’s Office filed an appeal on April 13 asking the Supreme Court to reverse a District Court ruling declaring Deputy Principal Chief S. Joe Crittenden ineligible for re-election in 2019.

Deputy Attorney General Chrissi Nimmo submitted the appeal that states District Court Judge Luke Barteaux “erred” in his decision.

“The deputy chief has only served one four-year term and should be able to run for re-election in 2019. This court should reverse the District Court’s decision as to Deputy Chief S. Joe Crittenden’s eligibility to run for the same office as he now holds in 2019,” the appeal states.

Cherokee Nation officials declined to comment further on the proceedings.

Barteaux’s April 6 ruling, which also declared Principal Chief Bill John Baker eligible for re-election, cited the CN Constitution in ruling Crittenden ineligible. He wrote that Crittenden had “assumed the office of Principal Chief pursuant to Article VII, Section 4, in faithful discharge of his duties as Deputy Principal Chief” while Baker had to await the results of an appeal of the 2011 principal chief’s race.

Article VII, Section 4 states: “In case of the absence of the Principal Chief from office due to death, resignation, removal or inability to discharge the powers and duties of the office, the same shall devolve upon the Deputy Principal Chief for the remaining portion of the four (4) year term to which the Principal Chief had been elected.”

Barteaux ruled that by Crittenden stepping into the role on Aug. 14, 2011, as dictated by the Constitution, he “completed his first four (4) year term of office four (4) years later without any loss of time from his term, and is now in his second consecutive four (4) year term.”

The ruling stemmed from a Feb. 19 petition by CN citizen David Cornsilk, who asked the court to overturn Hembree’s opinion that states Baker and Crittenden were eligible for re-election.

Hembree’s opinion states both officials were eligible despite winning elections in 2011 and 2015 because the appeal of the principal chief’s election delayed Baker taking office until October. As such, both Baker and Crittenden were denied full four-year terms.

Cornsilk said he’s aware of Hembree’s appeal and plans to file an appeal so that the Supreme Court can decide.

“I feel like the decision that was made by Judge Barteaux is incorrect, so I’ll leave it up to the Supreme Court to make a final decision,” he said. “I think in the interest of the health of our election process and for the health of our nation, we need our courts to make to make the decision at the final level, that way nobody can say, ‘well, it could have been different if you had just appealed.’ I really think that a final decision by our tribal court, the Supreme Court, is a good thing.”

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