{"id":96,"date":"2018-05-04T23:11:54","date_gmt":"2018-05-04T23:11:54","guid":{"rendered":"https:\/\/nativenews.jour.umt.edu\/2018\/?page_id=96"},"modified":"2018-05-17T03:06:18","modified_gmt":"2018-05-17T03:06:18","slug":"crow-2","status":"publish","type":"page","link":"https:\/\/nativenews.jour.umt.edu\/2018\/crow-2\/","title":{"rendered":"Under the Color of the Law"},"content":{"rendered":"[aesop_video align=”center” src=”vimeo” id=”269052252″ disable_for_mobile=”off” loop=”off” autoplay=”off” controls=”on” viewstart=”on” viewend=”on” revealfx=”off” overlay_revealfx=”off”]\n

Story by Nick Rudow | Photos by Dominik Stallings<\/strong><\/p>\n

Crow<\/strong><\/span><\/p>\n

Among the 14 findings of a 2017 Bureau of Indian Affairs Audit of the Crow Judicial Branch are accusations of hiring court staff members without background checks, using both the tribe\u2019s federal and general funds to increase judges\u2019 salaries and creating a hostile work environment for a newly elected judge, Michelle Wilson. <\/span><\/p>\n

However, as alarming as the findings may be, the report itself has caused a massive disruption in the Crow tribal court system. In fact, that there is an audit at all has some tribal officials questioning the motives of the Bureau of Indian Affairs. <\/span><\/p>\n

\u201cThe infringement of the BIA against our sovereignty, against our jurisdiction, is in opposition of the spirit of the law under the Indian Self-Determination Act,\u201d said Crow Chief Judge Leroy Not Afraid. \u201cI don\u2019t consider it an oversight, I consider it an overreach.\u201d <\/span><\/p>\n

To be sure, the BIA audit is not out of the ordinary. The tribe, in an attempt to create and develop its own government, is using BIA money to manage its judicial branch. The bureau, in turn, keeps a close watch on the dealings within\u2014in the form of annual audits \u2014 to ensure the federal money is spent appropriately. In the worst case scenario, the BIA could pull its funds if audit findings are not appropriately addressed. <\/span><\/p>\n

However, this system has defined the precarious relationship that tribes have with the federal government. Even as the Crow tries to strengthen its government systems, the process brings the tribe closer to the Bureau, giving it a hefty influence over tribal dealings. <\/span><\/p>\n

For instance, following findings from the 2017 audit, the tribe\u2019s federal government funding contract is in high risk status. According to the report the tribe is required to provide documentation before its expenses are reimbursed.<\/span><\/p>\n

As a result, the BIA has threatened to revoke the tribe\u2019s 638 funds, federal money provided by the BIA. <\/span><\/p>\n

\u201c638 programs are a lifeline for the tribe,\u201d said Solomon Little Owl, CEO of the Crow government. \u201cIt\u2019s an opportunity for the tribe to expand its services and provide employment.\u201d <\/span><\/p>\n

Little Owl said that if the tribe loses its 638 grant, its welfare, jurisdiction and legal system\u2019s role would change. <\/span><\/p>\n

\u201cI have no intention of losing it because I know the repercussions are going to be bad,\u201d he said. \u201cIt\u2019s either we get it back or we get it back.\u201d <\/span><\/p>\n

Little Owl said that the government is working with the BIA to make sure that the audit findings are addressed properly and continue to have a good working relationship with them.<\/span><\/p>\n

\"\"

Chief Judge Leroy Not Afraid has been a judge for the past 12 years. Not Afraid was part of the \u201cNational Farmers Union Insurance v. Crow Tribe of Indians\u201d Supreme Court case, which decided the jurisdiction that judges hold over the Crow reservation. Not Afraid handles administration of the judicial branch as well as the security. He said the BIA was not neutral in its report and produced inflammatory statements that reflected on the judicial branch poorly.<\/p><\/div>\n

\n

An analysis of the BIA report, the tribe\u2019s corrective action response and a series of interviews with key players mentioned within, show that the Crow tribal court system has a lot of growing pains to endure, quickly. <\/span><\/p>\n

On December 5, a team of reviewers from the Bureau of Indian Affairs came into the Crow tribal court to review the judicial system\u2019s financial activity for the 2017 fiscal year. But Judge Leroy and court administrator Ginger Goes Ahead said that their findings are politically driven and intentionally written to undermine the integrity of their court system.<\/span><\/p>\n

According to the BIA\u2019s report, released January 8, multiple allegations of mismanagement of federal funds within the judicial branch are listed, including that the tribal court had expended a total of about $6 million for the fiscal year and only about $4.4 million could be accounted for via cash receipts. <\/span><\/p>\n

\u201cThere is an appearance that the tribe\u2019s general fund is a bottomless pit and the judicial branch can expend without a check and balance system,\u201d the BIA report states. <\/span><\/p>\n

However, judicial branch officials insist the report is inaccurate, to say the least.<\/span><\/p>\n

Also mentioned in the report is a 2016 Chevy Tahoe, which, according to the report, was purchased with nearly $45,000 of 638 funds in late 2016 and later disappeared. According to the report, court administrator Ginger Goes Ahead told reviewers that it was purchased under the previous administration, using the tribe\u2019s general funds and therefore wasn\u2019t the reviewers concern. <\/span><\/p>\n

In an interview, Goes Ahead said that the Tahoe had never been purchased and a check for it was never cut. She said that the vehicle wasn\u2019t supposed to make last year\u2019s expenditure report and it was purchased by someone who wasn\u2019t a part of the Crow tribe. <\/span><\/p>\n

\u201cThe twisting of the language in the report was definitely intentional on their part,\u201d Goes Ahead said. \u201cThey made it look like we were hiding this vehicle and it\u2019s just garbage really.\u201d <\/span><\/p>\n

Before the tribe can truly manage its inner workings free from the watchful eye of the federal government, it must first prove to the Bureau of Indian Affairs it can handle the responsibility, said Shawn Real Bird, a state senator that represents the Crow reservation. <\/span><\/p>\n

\u201cFrom my position as a legislator, I see that the judicial branch is not utilizing the federal funds for its intended purpose,\u201d Real Bird said. \u201cWe need to be accountable for our federal funding and educate federal funding managers on maintaining federal compliance.\u201d <\/span><\/p>\n

Real Bird said that the Crow tribal government has a corrective action plan, which outlines how the tribe will fix issues listed in the BIA audit, implement and draft laws so that the federal funding is in compliance, accountable and transparent. <\/span><\/p>\n

Real Bird said this plan includes the Finance Management Act and the Justice Reform Act, two bills he hopes to pass into law. He said that the Finance Management Act will provide more transparency and accountability by allowing tribal budgets to be seen by the public and the press and the Justice Reform Act will develop a justice board and a grant writing program within the judicial branch to provide better training and oversight. <\/span><\/p>\n

\u201cIf we maintain this non-compliance, then the US government will physically take control of our tribal court and manage it for us,\u201d Real Bird said. <\/span><\/p>\n

The corrective action plan states that clarification is needed in which personnel policies will be complied with, including salary limits and nepotism requirements and who will be responsible to ensure the court is adhering to these policies. The plan also says that unallowable costs cannot be charged to federal funds and hiring staff members without background checks needs to stop. <\/span><\/p>\n

Wilson said she was unaware of such activity within the judicial branch and wasn\u2019t informed of anythig in the report\u2019s findings prior to the team\u2019s review. <\/span><\/p>\n

Among the more curious findings in the audit had nothing to do with finances. The report points out that a newly elected judge, Michelle Wilson faced a hostile work environment. Based mostly on directives by Chief Judge Not Afraid, Wilson had been denied supplies and was prohibited from various areas of the tribal courthouse.<\/span><\/p>\n

\"\"

Michelle Cadena Wilson is the newly elected associate judge for the Crow judicial branch. She serves in the juvenile court and handles cases involving child custody and juvenile detention.<\/p><\/div>\n

\n

According to the report, court administrator Ginger Goes Ahead advised the BIA review team to avoid Wilson and \u201cproceeded to make derogatory comments about the ethics of the newly elected judge.\u201d The report also said that Wilson is being paid less than the current clerk of court and the previous associate judge. <\/span><\/p>\n

In last year\u2019s November 4 general election, Wilson defeated former Associate Judge Shelia Not Afraid, who is also Chief Judge Leroy Not Afraid\u2019s wife. Shelia could no longer serve on the judicial bench and Wilson thinks this explains why he\u2019s being so difficult with her. <\/span><\/p>\n

\u201cIt\u2019s rocky because I replaced his wife and they were doing things that were not according to policy,\u201d she said. \u201cI think they just know that I\u2019m going to do the right thing.\u201d <\/span><\/p>\n

Goes Ahead said that she didn\u2019t want the reviewers to interview Wilson. She didn\u2019t think Wilson knew enough about the tribal judicial system since it was only her first day at work as associate judge. <\/span><\/p>\n

\u201cJust because you pass the Crow bar exam doesn\u2019t mean you know how the whole system is ran,\u201d Goes Ahead said. \u201cFrom that they thought I was questioning her ethics.\u201d <\/span><\/p>\n

In fact, Goes Ahead suggests the BIA report planted the idea of a hostile work environment, a claim that is now causing a significant rift in the tribal court. <\/span><\/p>\n

\u201cNothing had even happened with Judge Michelle,\u201d said Goes Ahead. \u201cJust by stating that it\u2019s a hostile work environment, the BIA report already implanted that seed into her brain that we were against her.\u201d <\/span><\/p>\n

Judge Wilson said when she arrived to her first day of work as associate judge on December 5, the same day the BIA reviewers visited the courts, her office had no working computer, no heat and no working lights. She said that the walls had three colors and paint was peeling. All that was in the room, previously occupied by a bailiff, was a desk, an office chair and a computer tower. <\/span><\/p>\n

\u201cIt was just a mess,\u201d Wilson said. <\/span><\/p>\n

Goes Ahead said that Wilson\u2019s office was fairly empty because the previous occupant had just moved out the day before and she thought Wilson was embellishing the state of her office a little bit.<\/span><\/p>\n

Wilson said she refused to sign required paperwork until a working computer and printer were brought to her. By the end of the day, a computer and an old printer with no copier or scanner were hooked up in her office. She said that requesting supplies was difficult. In order to receive office supplies, she had to send a request to the court administrator, Goes Ahead. She said the space heaters she was given shorted out the power when plugged in and there was no cooling system either. <\/span><\/p>\n

\u201cNever once did we try to make her feel like she wasn\u2019t welcome,\u201d Goes Ahead said. \u201cI believe that the hostile work environment is seeded and rooted by Judge Michelle.\u201d <\/span><\/p>\n

Wilson said on Wednesday, December 6, she walked up to the court clerk\u2019s window at the court administration office to be let in and the clerk said he was not allowed to do so except by written permission of the chief judge. <\/span><\/p>\n

Wilson told BIA auditors that on the day she was sworn in, Judge Leroy Not Afraid issued a stading order forbidding her from going inside any other part of the court except for her office and her court.<\/span><\/p>\n

Wilson said the order also specified that she was not allowed to speak to anyone else in the tribal administration, including any executive and legislative government members, and restricted her access to case files. <\/span><\/p>\n

\u201cI was basically not allowed to speak to anyone,\u201d Wilson said. \u201cHe said I was assigned those two places and was forbidden to go to any other area of the court, including the judicial court offices, the main courtroom and the main conference room.\u201d <\/span><\/p>\n

Judge Leroy denies the claims. <\/span><\/p>\n

\u201cI myself personally have never denied access to Judge Wilson,\u201d he said. He said Wilson has never filed a formal compliant against him and he didn\u2019t communicate with Wilson until well after the BIA review. <\/span><\/p>\n

Goes Ahead said the order was written to protect the buildings in the judicial branch because her office was previously broken into and she wanted to maintain the confidentiality of personnel records. She said all staff members were given the order and many of them were under the impression that no one was allowed in the building, which may have caused the issue with Wilson not being let in.<\/span><\/p>\n

\"\"

Solomon Portrait: Solomon Little Owl is the CEO of the executive branch of the Crow tribal government. He is part of the ethics committee of the judiciary branch, which is currently inactive.<\/p><\/div>\n

In a letter sent to the chairman on February 2, Leroy responded to the BIA report by stating he was dumbfounded by the conclusion that Wilson was working in a hostile work environment. \u201cThe order is professional and clear, setting out each judge\u2019s court responsibilities and case management authority,\u201d he states in the letter.<\/span><\/p>\n

The order was slipped in a binder given to her containing the law and order code and Wilson said she wasn\u2019t aware of the order until she said she was refused access to areas within the court. Wilson said she refuses to follow this order and believes that the chief judge has no authority over her. <\/span><\/p>\n

\u201cThe chief judge is my colleague and not my boss,\u201d Wilson said. \u201cHe\u2019s not my supervisor and I don\u2019t answer to him. According to the Crow law and order code, he does have the responsibility to handle the court schedule and that\u2019s it.\u201d <\/span><\/p>\n

Goes Ahead said there are two cases against Wilson alleging that she took money from clients and didn\u2019t represent them in court while she was working as an advocate. She said Wilson has been ordered to return the money to those clients but to the best of her knowledge, she has not done so yet. <\/span><\/p>\n

\u201cShe doesn\u2019t even follow the regulations that she has to follow in order to be a legal advocate,\u201d Goes Ahead said. <\/span><\/p>\n

According to court records, a female tribal member filed a formal compliant against Wilson alleging that she was paid $200 to assist in the release of a prisoner for the holidays in November 2016 and went on holiday out of the country shortly thereafter. The compliant alleges the client couldn\u2019t reach Wilson\u00a0 <\/span>by phone or email. <\/span><\/p>\n

According to records from another case, Wilson allegedly did not provide assistance to her client, a different woman, in the fall of 2015 when Wilson was hired to obtain child support. She was given $130 for her assistance and, again, was not able to be reached for several months. <\/span><\/p>\n

Chief Judge Not Afraid previously had Wilson arrested for contempt of court when she was working as an advocate. Wilson said that Leroy stopped regular court and called for an emergency hearing to charge her with contempt. <\/span><\/p>\n

\u201cHe basically said there\u2019s nothing anyone can do because I\u2019m the chief judge and he sent me to jail without bond,\u201d she said. <\/span><\/p>\n

According to court records, Wilson was charged with criminal contempt in August 2015 for presenting \u201cinsolent behavior and contemptuous attitude by being irate to court staff.\u201d In February 2017, she was charged again with contempt for allegedly failing to represent her client at a bench trial because of a scheduling conflict. <\/span><\/p>\n

However, this didn\u2019t affect Wilson\u2019s image in the eyes of voters who elected her as a tribal judge. Wilson said that she ran for the associate judge position because she had issues with the way Leroy ran the court and wanted to see a change.<\/span><\/p>\n

\u201cI know that the Crow people elected me to do the right thing and that\u2019s what I\u2019m going to do,\u201d she said. <\/span><\/p>\n

Bethyana Pease, lead volunteer of Crow\u2019s community involvement organization Jump Start Healing said Wilson represents a strong woman who will make a change by directly addressing the same issues addressed in the BIA audit. <\/span><\/p>\n

\u201cPeople who are looking for justice or people stuck in the judicial system are being left hung out to dry,\u201d Pease said. \u201cIt seems like they\u2019re so worried about where their next dollar is going to come from that they\u2019re not worried that someone around here isn\u2019t being given justice at all.\u201d <\/span><\/p>\n

However, Goes Ahead stands by the notion that the BIA has turned Crow people\u2019s opinion against the judicial branch. <\/span><\/p>\n

\u201cThey were continually overreaching,\u201d she said. <\/span><\/p>\n

In a letter sent to the chairman\u2019s office on January 29, Goes Ahead wrote that \u201cIt quickly became apparent they had ulterior motives.\u201d <\/span><\/p>\n

\u201cWe will fight for our sovereignty,\u201d Goes Ahead stated. \u201cThe BIA has gone as far as to try to make a judge change their order. As far as a government-to-government relationship, that really undermines the sovereignty of the Crow tribe and the sovereignty of the judicial branch of government.\u201d<\/span><\/p>\n

Not Afriad\u2019s letter to the chairman also addresses the financial matters raised in the report and said that the reviewers chose to address areas that were outside the scope of their review and used them to establish non-compliance. <\/span><\/p>\n

In concluding his letter, Not Afraid requested that the letter be given to the BIA regional director with a request to explain why the reviewers did not follow the law and made untrue statements about the judicial branch. <\/span><\/p>\n

\u201cThe accusations against Mrs. Goes Ahead and myself were also done in violation of our constitutional right to due process, by being made public information,\u201d he said in the letter. <\/span><\/p>\n

Goes Ahead said she\u2019s willing to do whatever it takes to make sure the Crow tribal court doesn\u2019t lose its federal funding. <\/span><\/p>\n

\u201cI would be more than willing to contract with grant writers and people who I feel would be able to assist the Crow tribal courts in a positive, strong collaboration in order to make sure that our court system is strong,\u201d she said. <\/span><\/p>\n

Leroy said that the BIA acted with abusive authority in writing their report and it\u2019s an injustice to the Crow people. <\/span><\/p>\n

\u201cThe monstrosity and the draconian nature of the document published to the public is a miscarriage of justice,\u201d he said.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

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