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Page 2
March 1,1985
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S pilyay T ymoo
New Judge rapping gavel
Per Capita checks delayed in tribal court
T ribal m em bers who went to
the post office to pick up their
m onthly per capita checks on
M onday, February J25 found
that, the checks were not in the
mail. In th e past the checks
appeared in the mail like clock
work. The delay in the checks
was attributed to the fact th at
the checks are no longer w ritten
a t the agency, but instead at the
Portland Area Office.
E a rlie r th is y e a r, W a rm
Springs superintendent Bernie
T o p ash a n n o u n c ed th a t the
Individual Indian M onies (IIM )
accounts would be entered in
the com puter a t the P ortland
Area office. The checks arelnow
w ritten in P ortland and mailed
from there.
The IIM staff had been encod
ing all IIM accounts, the Land
C la im s m o n ie s a n d s ta te s
monies into the com puter as o f
last week. O n Friday, February
22 the staff began encoding the
per capita. The staff worked
Friday and S aturday. The big
gest problem encountered by
the staff ws th a t not all people
on the per capita list had an IIM
account so the staff had to set
u p accounts for those not hav
ing one.
The per capita checks were
printed by S aturday and in the
mail by M onday, F ebruary 25,
the catch being th a t they were in
the mail in P ortland. It fakes
approxim ately two days of mail
time from P ortland to W arm
Springs. The checks were in the
mail at W arm Springs on Wed
nesday, F ebruary 27.
According to Topash, new
th at the accounts have been
encoded there should not be
any problem s in g etting the
checks on a regular schedule.
Topash stated Tribal Council
is at this tim e considering hav
ing the checks written in-house.
Support groups meet
F o r p e o p le in th e W arm
Springs area who are in heed of
support groups the following
schedules with time and loca
tion, could offer assistance.
The W om en’s Support Group,
A lcohol building on M ondays 5
to 6:30 p.m.
Open AA G roup, Assembly
Plant, M ondays, 7-8:30 p.m.
Open AA G roup, Alcohol
building, Thursdays, 7-8:30 p.rrb
Sobriety on the Move (SOM),
M a rg a re t B u c k la n d ’s hom e;
R 109 Elk L o o p (553-1686),
Fridays, 7-8:30 p.m.
Title IV, Part A meeting March 12
The next Title IV, P art A 12 beginning at 7 p.m. in the
P a re n t A dvisory com m ittee southeast Head S tart room.
meeting will be Tuesday March-
Sweetheart baby contest held
The annual Sweetheart Baby
contest was held at the W arm
Springs C om m unity Center bn
Valentine’s D ay at 7 p.m. Proud
parents, grandparents and of
course the stars of the evening,
th e babies, g athered fo r the
evening’s events.
Twelve categories were judged
b y D e b b ie Y a h t i n , C .R .
Squiemphen Danelle Barbrielle.
Candice Miller, won the “baby
with the least h air” and “young
est chubbiest baby” titles. Can-
dice is the daughter of Vesta
and W hitney Miller. Lucinda
Stw yer, d au g h ter of M adine
M eanus won the “baby with the
m ost h air” title. Delilah H eath
took the title for the “chubbiest
baby:” T ianna Greene proved
to be the fastest in the “crawlers
M exico for ab o u t a year-and-a-
halfi There were also two asso
ciate judges and one juvepije
judge assisting him with (he
case load.
Frederick also worked for his
own tribe as chief judge for
abbqt 12 years. “I was probably
th e ir y o u n g est ju d g e ,4* ¿aid
Frederick. “I was 23.” While
serving as chief judge for his
tribe, he also served as chief
appelate judge for the M eno
minee Tribe of Wisconsin, F ort
T otten Sioux, Standing Rock
Sioux, three affiliated tribes of
F o rt B erth o ld an d W agner,
South D akota.
Frederick explained th at for
the first four years at Turtle
M ountain he was the only judge.
“I dealt with every problem :”
Frederick has no law degree.
He is a graduate of the N ational
College of State Judiciary in
Reno, Nevada and a graduate
of judiciary institutes such as
the N orth D akota State Judge
A ssociation and the N ational
Juvenile Judge Association. He
is also a m em ber of the Native
American Indian C ourt Judges
Association. He has served as
their president and has been a
board m em ber for ab o u t ten
years.
Frederick and his family are
’ living in W arm Springs. He said
he has been a long-time friend
of Ken S m ith’s and had always
w a n te d to co m e to W a rm
Springs. He found the chief
judge’s position advertised in
the newspaper and applied. He
was notified in Jan u ary th a t he
had been accepted for the job.
Frederick joins associate judge
A nita Jackson and Judge Dave
Harding.
J
B efo re c o m in g to W arm
The W arm S prings T ribal
C o u rt’s newest judge is R ichard Springs, Frederick spent ab o u t
F red erick / a Chippewa from six m onths studying crim inal
T u rtle M o u n ta in , B elco u rt, justice at Bismarck College. Prior
N orth D akota. He brings With to going to college, Frederick
him many years’ chief judge served as chief judge for the
M e sc a le ro A p a c h e in N ew
experience.
Spilyay Tymoo photo by Behrend
G r a n d m o th e r M a r g a r e t
Richard Frederick began working as chief judge fo r the tribal
Buckland com peted in the “fas
court in late January. Gloria Chopito serves as Frederick's
test diaperer” contest, showing
secretary.
th a t she rem em bered how to do
the job. Ellen Jo hnson was the
“ g ra n d p a re n t w ith th e m ost,
grandchildren” present for the
evening events. Jeannie Dan-
ztika was the “m other with the
m ost Children.” The “youngest fc G overnor Vic Atiyeh has ap T ransportation in m atters of tory, A rea' M anpow er Institute
m other” award was giveir to point ed W a r r e 11... R^ “ R u d y ” policy regarding public recrea fQr. the Development o f Staff.;
Veronica Smith. Christine Tom Clements of W arm Springs to tional use of scenic waterways,
From 1964-70, he was recrea
and Beverly Smith tied for the the state Scenic W aterways Sy the study of rivers which m ight tion/ ed u catio n d irecto r for the
title o f “foster parent with the7 stem Committee.
be added to the system, m an Confederated Tribes and from
m ost foster children.”
Clements’ term officially be agement plans for those pro 1962-64, was a teacher and coach
Even though not all the babies gan on December 22, 1984 and posed rivers, and legislation re in the David D ouglas School
received a title, it was very evi will end on December 21, 1987. garding scenic waterways.
District in Portland.
dent th a t each baby was a spe-i He replaces D elbert Frank,. Sr.
Clements is the director of
Clements currently chairs the
d al valentine to parent and grand of W arm Springs whose term the Confederated Tribes Office Tribal Land Use Planning Com
parents.
has expired.
of T raining Services in W arm mission. He is a graduate of
T he n in e m em b er Scenic Springs. From 1970-72, he was M ad ras U nion H igh .School
W aterway System Com mittee the director o f the N orthw est (1955) and Eastern Oregon Col
ad v ises th e D e p a rtm e n t o f Regional Educational Labora- lege (Bachelor of Science, 1962).
Clements appointed to Scenic Waterways
Bail posting policy changed
It has been determ ined th at it j
would be beneficial to imple
ment an acknowledge/ agreement
Spilyay Tymoo photo by Leno-Baker
for anyone posting bail for the i
Sheryl Courtney arid her daughter, Sheena participated in the release of a defandant.
A ttached is the form to be.
basket throwing contest held during the annual Sweetheart Baby
contest at the Community Center February 14.
Land consolidation act changes heirship
because Section 207, as amen-
1, constitutes a change in
lian heirship succession, Area
fices and Agencies are urged
provide all Indian landowners
der their jurisdiction with no-
; of its effects.
For any Indian dying after
tober 30, 1984, possessed of
undivided trust and/ or, re
stricted interest in a given tract
of land, such interest may escheat
t o ih e Tribe if: (l) the tract is'
within the Indian reservation or
within an area subject to the
ciyir jurisdiction of an Indian
tribe; (2) the decedent’s undivided
interest amounted to two percent
or 1 / 50th or less; (3) such interest
is incapable of-earrning $100 in
S p ily a y T ym oo
y; -
♦
Z SÂmilai i.
♦ Spilyay Tymoo Staff* * * * * * * *
MANAGING EDITOR ............................................ Sid Miller
ASSISTANT EDITOR .............. ..................Donna Behrend
D arkroom W riter
R eporter
Typeseifer
M a rshaS he wczyk
*Paf L&na-Bstkèr
P riscilla Squiem phen
FOUNDED IN MARCH OF 1976
Published bi-weekly by thé Confederated Tribes of the
Warm Springs Reservation of Oregon. Warm Springs,
Oregon 97761. Located in the Old Administration Building.
Any written material to Spilyay’Ty moo should be addressed
to:
'' /;. •
Spilyay Tymoo
P.O. Box 735
Warm Springs, Oregon 97761
Phone 553-1644 or 553-1161, Çxb.274, 285
and The Darkroom ext. 286
Subscription Rate: $6.00 per year
any one of the five one-year
periods after th e date of the
decedent’s death; (4}the decedent,
had failed to devise such specific)
interest to any other tract; and
(5) there was no tribal code of
law, approved by the Secretary!
of the Interior, in effect at the
t i m e o f t h e d e c e d e n t ’s;
death which would preclude the
escheat provisions of Section
207 (a).
utilized for this policy/proce
dure regarding the aforem en
tioned policy on posting o f bail.
The form will be kept in the
dispatch area of the police de
partm ent and will be required
to be com pleted by the person
posting bail. The defendant does
not have to sign the bail release
form.
D istribution of copies of the
bail release form are: original:
court; one copy: defendant; one
copy: person posting bail; and
one copy: prosecutor’s office.
This policy will be effective
M arch 15, 1985. Any questions
are to be directed to the C ourt
regarding this policy;
Notice to anyone posting bail
for release of a defendant.
Before you pay any money to
obtain the release of a Defend
ant from Custody, you should
understand th at the law pro
vides as follows:
14 . The receipt for the money
paid must be made out in the
name of defendant, ju s t as if he
or she actually paid the money.
2. The receipt m ust be given
to the Defendant.
3. If the D efendant fails to
appear at anytim e req u ired b y
the C ourt, bail may then be
forfeited.
4. T he money paid may be
applied tow ard paym ent o f any
fine or court costs at the close of
the case. If no fine, costs must
be paid a t the close of the case,
then the refundable portion of
the m oney paid by you would
be retu rn ed to the defendant.
5. The refund, if any, of money
paid by you m ust be paid to the
d e fe n d a n t. Y ou m u st
look to the defendant to get
your money back.
To assure the effectiveness of,
a will; or heirship succession
under state law, any Indian owner
within Jhe above category (if het
or she is concerned th at the
tribe rather th a n his or her heirs
or devisees will take these inter-t
ests) may purchase additional
interests from co-owners, pur-?
suant to 25 C FR 151/7, and
thereby increase his/ her ownership
interest to more than two per<
cent.
A nother alternative isf
for such an owner to convey his/her
interest to co-owners, p u rsu an t
to 25 CFR 152.25 and 151.7,
and reserve a life estate, th u i
retaining the benefits of the
interest while assuring its con*
tinued individual, rather than
tribal, ownership. / A third alter-
native, if feasible, is to partitioh
the tract in such a way as to
enlarge the ow ner’s interest in a
portion of said tract.
If any landowner has questions
regarding the above Act, please
contact the Branch of Realty,
W arm Springs Agency.
Nutritional suggestions
Tymoo photo by Shtw ctyk
Warm Springs IHS nutritionist Karen Smith discusses sugar content o f foods with senior citizens
during lunch. Smith tries to make a nutritional presentation monthly to the seniors. -
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