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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (March 23, 2011)
News from Indian Country Pgge 9 Spiiyay Tymoo Mdrcb 23, 2011 Navajo slush fund cases overwhelm tribal courts FLAGSTAFF, Ariz. (AP) - Dozens of criminal cases against form er and current N avajo Nation lawmakers have over whelmed the tribal court system to the extent that defendants must pay for jury trials them selves, if that’s what they re quest, and the prosecutor has been asked to consider turning over cases to the federal gov ernment. Nearly 260 complaints were filed with the W indow Rock D istrict Court last O ctober, charging 78 people in the alleged misuse of the Tribal Council’s discretionary fund. Some of the defendants still haven’t been ar raigned, and many of those who have want jury trials. It’s a demand that the tribal court system cannot m eet. None of the tribe’s 10 district courts that manage 51,000 civil and criminal cases have set aside funds for jurors in their budgets. Ju ry trials aren’t common in tribal court in any event, with only eight being held on the res ervation since 2007. “In normal circumstances, the courts are expected to guard against the impairment of the defense. In this instance, the jus tice system itself is impaired by the flood of cases and the en masse jury demands,” the tribe’s Supreme Court wrote in a re cent decision. “It is apparent that no workable solution is yet in place.” The lack of resources in tribal courts is a common complaint in Indian Country that includes funding and staffing shortages, and limited capacity to conduct jury trials. The Navajo Supreme Court ruling came out nine days ahead of a U.S. Government Account ability Office study that looks at how the primary federal agen cies tasked with supporting tribal justice systems worked together. The GAO released its findings Thursday. The Interior and Justice de partm ents have made public safety in tribal communities a prio rity, but the GAO said they’ve focused more on deten tion programs than tribal courts. Justice officials told the U.S. Senate Indian Affairs Commit tee in October 2009 that they would better coordinate with Interior officials to support tribal courts, but plans hadn’t come to fruition a year later, the GAO reported. The U.S. Bureau of Indian Affairs, which commissioned a review of 90 tribal court sys tem s in 2005, also has not shared its assessment with jus tice officials. The GAO said greater cooperation between Justice and Interior departments could minimize duplication of efforts in trying to aid tribal jus tice. The BIA reported that both agencies provided funding to a single tribe to purchase hard ware and software for a case management system but didn't consult one another. And then the tribe never used the system because it didn’t have money for training. “Sharing information about training and technical assistance could help ensure that BIA and DOJ avoid such situations,” the GAO said. The office urged the involved federal agencies to develop ways to share information. The BIA said it plans to send a liai son to the Justice Department's Office of Tribal Justice to bet ter collaborate. The GAO in terv iew ed judges, prosecutors, law en forcement and court administra tors from tribes in Arizona, New M exico, N orth D akota and South Dakota and focused on criminal law. Officials from the 12 tribes, including the Navajo N ation, expressed concern about limited sentencing author ity, lack of jails pace, encroach ment upon judicial indepen dence from tribal officials and not having enough resources for day-to-day court operations. Each of their court systems are partially or fully funded by the federal government. All of the tribes were upset with the federal government for declining to prosecute half of Tribes plan major casino expansions TOPPENISH, Wash. (AP) - The Yakama Nation plans to break ground in May on a $90 million casino expansion that will add a six-story hotel, conference facilities and a spa on its central Washington reservation. Across the Columbia River, the Confederated Tribes of the Umatilla Indian Reservation are plugging away on a $67 million project of their own. The expan sion includes more casino space, a Cineplex and high-rise hotel amid the wheat fields and cattle ranches of northeast Oregon. For the first time, revenue at Indian casinos declined across the country in 2009, thanks in large p art to the econom ic downturn, but that isn’t prevent ing tribes from expanding their gambling operations in big ways. Dozens of new casinos and expansion projects have been completed in the past two years nationally, and dozens more are planned, according to the latest Indian Gaming Industry Report. “The economy will improve at some point, construction costs are down, and tribes are trying to prepare for the future,” an alyst A lan M eister said. “When things turn around, you don't want to have to start from scratch. You want to be able to hit the ground running.” The Yakam as announced their expansion plans earlier this month amid the dings and buzz ers o f slot machines in their existing Legends Casino. The tribe’s general member ship approved the expansion March 8, tribal council chairman Harry Smiskin said. The project will enable the tribe to convert existing gambling space into a 29,000-square-foot events cen ter to offer more entertainment and, in turn, draw crowds. “In order for Legends Casino to remain competitive, we have to grow with the market,” he said. “Thé expansion is some thing we all look forward to very much and is something we know will be beneficial to the tribe.” Smiskin said the tribe hopes to add 150-200 jobs once the development is complete in 18 months. For the Umatilla tribes, the expansion marks a new effort to draw a younger crowd to the casino already frequented by gray-haired slot-lovers. The tribe lures visitors with a casino, small hotel, RV park, golf course and museum, and the expansion will add 20,000 square feet of gam bling space, a four-screen movie theater and a 10-story hotel. “We wanted to build a bea con to draw people here, and the only way to do that was to go up,” said Gary George, chief executive o fficer o f the Umatillas’ Wildhorse Resort and Casino. The tribe estimates 60 per cent of its visitors come from the local area and within a 70- mile radius. The goal of the ex pansion is to become a regional destination resort appealing to residents within 200 miles of the casino, George said. Some 237 Indian tribes across the country operate casi nos in 28 states. Tribes use the revenue for education, eco nomic development, health care, police and fire protection, hous ing and cultural and charitable works. In 2009, revenue fell for the first time at Indian casinos across the country, declining 1 percent from a year earlier, according to the report. However, commercial gam ing overall has been hurt by the recession, while Indian gaming has been able to withstand some of the economic downturns in recent years, Meister said. Even though there was a decline, it was only 1 percent, and the pro jection for Indian gaming is posi tive overall. George acknowledged that some tribes have experienced financial difficulties because they overextended and overbuilt their casinos. That has not been the case with the Umatillas and their Wildhorse Resort and Ca sino, he said. “We’re very leery of reinvest ing without clear thought of where we’re going and how we get there,” he said. “Revenues have been flat in the last few years, but in this economy, banks would say flat is the new up.” Sm iskin also called the economy a “definite concern.” “When people don’t have dis posable income anymore, that’s one of the things that gets cut,” he said. “But with all the demo graphics and marketing analysis, we feel a strategy of this nature will add income to the Yakama Nation.” Besides, he said, with the U m atillas already expanding their casino and marketing to consumers in the Yakamas’ ter ritory, his tribe has to send a message across the river: “We’re not horsing around.” all cases referred from reserva control o f the slow -m oving tions and said that it signals to cases. The justices rejected David victims and criminals that jus tice doesn’t exist in Indian Coun Jordan’s allegations that the spe cial prosecutor and the judge try. Tribes often rely on the fed overseeing the cases engaged in eral government to prosecute ex parte communication that cases because of limited sen violated his clients' rights. Jor tencing ability, few jail spaces dan declined to comment on the and overburdened court sys decision. The high court sent the mat tems. Both the BIA under Inte rior and the FBI under DOJ are ter back to the lower courts and charged with investigating ma ordered them to try defendants jor crimes on Indian reserva together who share conspiracy tions and with referring the cases charges and have them fund their own jury trials or accept to federal prosecutors. The GAO said the results of bench trials. Individual defen the 12-tribe study are not a gen dants would have to pay $2,500 eralization of the hundreds of or co-defendants could share a federally recognized tribes, but cost of $15,000. The court further urged the provide useful perspectives about challenges they face in prosecutor in the case to seek the federal government’s help if resolving crimes. The Navajo Nation Supreme the cases cannot be resolved Court said tribal court resources through plea bargains, settle were already scarce before the ments or tribal courts within a crim inal charges w ere filed reasonable amount of time. The against current and former law complaints alleged that the de makers. A defense attorney for fendants took a combined $1.9 two dozen o f those charged million in tribal funding meant asked the high court to take to aid Navajos in need. American Indian leaders urge business expansion LAS VEGAS (AP) - Ameri can Indian tribal leaders are urg ing other tribes to go beyond gambling and tobacco when it comes to generating revenue for their economies. President Robert Porter of the Seneca Nation of Indians told tribal government leaders and entrepreneurs in Las Vegas on Tuesday that his tribe in New York state has three casinos and sells plenty of cigarettes. But he says that’s too narrow to ensure the tribe’s future. Porter says tribes should work with the United States gov ernment to try to get more free dom over their land and money. Chairman Robert Martin of the Morongo Band of Mission Indians says tribes must be will ing to consider various kinds of investments. The Morongo Band has a casino in southern California, but also owns a 36-hole golf course and other businesses. Gov signs bill to keep UND Fighting Sioux nickname BISMARCK, N.D. (AP) - N orth D akota Gov. Jack Dalrymple signed legislation that requires the University of North D akota to keep its Fighting Sioux nickname. The signing was reported last w eek in the H ouse journal, which is the official record of the business of the North Da- kota House. The governor’s office made no public announcement of the signing. The NCAA considers UND’s Fighting Sioux nickname to be hostile to American Indians, and it will impose sanctions on the university if it’s kept. IRA’ S SALES & S ER V IC E, INC. Birthday wishes ... Mom, We wish you a happy Happy birthday to Jus tice Allan, April 19. Love, birthday. We love yo u and want to thank you fo r all y o u ’ve done with all my heart, Dad. Happy belated birthday to Na- fo r us. Fove, Ty-Maureen-Curtis Na, Diane Frank-Felix. Hove, and Grandson Ikiaka. Myrna & Family. B lessed birthday w ishes to Happy belated birthday to Socorro Cuevas, “This is the day Diane, with much love - Lillian which the F ord has made; F et & Family. us rejoice and be gla d in it. ” I would like to wish a (Psalm 118:24, NASB). We happy birthday to my wife love yo u always, Monica, Cody, Carol Ann Lawrence on Keanu and F il Kody. March 24, from her hus band. I love you so much— I wish you many more to come. Love, Daniel. H ap p y B irth d ay to H ec tor; from M onica, Cody 8c Boys. Love yo u! Happy Birthday, Hec tor! May you have a good day! Love, Mike, Cecilia, M alia, Yesenia, Ava and Ushnum. Happy birthday to everyone with a birthday this month! From the Spilyay. ^ Treaty, Salmon Talk at Lodge i VOLUNTEERS NEEDED 3 Seeking community members to be school crossing guards, training provided. Contact Ashley @ 553-2204 There will be a talk from 7-9:30 p.m. this Wednesday, March 23 at High Lookee Lodge. The talk will be about the Treaty, salmon, tradi tions, and about our vanishing culture. All are wel come. Presented by Terry Courtney. V Scrap Metal, Used Auto & Truck Parts, Wrecking Service, Diesel Trucks, Pick* ups & Cars 475-3861 181 SW Merritt Lane, Madras VISA
