Small Town News

Judges case uncovers a deep division tribal judicial system

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For well over a year now, confusion and frustration have been common feelings for Judge Victor Delong of Belcourt.

Delong was removed from his position as associate judge for the Turtle Mountain Tribal Court, shortly after the 2008 election, when Special Judge Troy Morley ruled that Delong should have run in that election. Since that day, the tribal member has been awaiting a favorable ruling on the matter, so.he can return to his seat on the tribal court bench.

Delong had run in the 2006 election for tribal associate judge and was the top vote-getter in what he believed was a four-year term. The tribal constitution, in Article 14, states that all chief and associate judge terms shall now be for the period of four years.

The first election after the adopted referendum that should have initiated staggered terms in the court system was held in 1992. In that year's election, Richard "Tonto" Frederick was voted in as the chief judge and Francis "Tum-Tum" Morin was elected as the associate judge.

Article 14 of the constitution was enacted to develop judicial independence and provide staggered terms for chief judges and associated judges. The late Judge Morin's term was to be the only two-year elected position that was to be ever served by any judge. Delong is perplexed at how the situation has played out.

"I just don't know how this has come to be such a travesty of justice. I know what I was elected for in 2006 and that was for four years, according to the constitution. Now the tribal court has changed its position and I was the odd man out for some reason," stated Delong.

In 2008, the election board had another four-year term for an associate judge placed on the ballot. Judge Andrew Laverdure won a four-year term in that election as associate judge. Judge Delong alleges that he was told by election board members and Special Judge Troy Morley in private conversations, that he did not have to run in 2008, because he had been elected to a four-year term in 2006 and would serve out his term until 2010.

"I should have got all of that in writing, so I messed up there, but I know the constitution calls for four-year terms for all judges, ever since the first election after Article 14 came into play. All I ask is for the judges and the court to look at the language in the constitution. But now I have support from many people in the community and the judicial board is also supporting my efforts to get back to work," Judge Delong noted.

Delong said he was confident at. the onset of his appeal that he would be reinstated, after all the facts were placed before the court. He has become frustrated and said the process of the decisions are exceedingly slow and he is losing the confidence he once had in the resolving of the case in his favor.

"The only way that they should have been able to remove me, according to the tribal constitution, is through impeachment. The only other ways that I would vacate my elected office, would be through resignation, death, illness or incapacitation -- but I'm not dead yet, and I've been ready every day to go back to work for the people," Delong said.

Judge Delong believes that the entire episode smacks of a conspiracy against him by only a few individuals.

"I'm not going to name anybody, but the evidence and facts speak for themselves," said Delong. "I have not been treated fairly and the many voters who supported me are also not being treated respectfully, according to our (tribal) constitution. It was a vendetta against me, but I'm hoping that the appeals court and any special judge will quickly rule according to the law and the rights of myself and all the tribal members."

The confusion of the issue was compounded with the latest ruling from the tribal appellate court handed down on February 22, 2010, that ruled to remand the case back to the local tribal court to decide.

The appellate court wrote in its ruling, "...With the results of the 2006 election reinstated, there remains a significant question. Did Judge Delong know, or should he have known, that his election in 2006 was to a two-year term? The brief of the election board states that, 'It was understood by everyone on the Judicial Board, the Election Board....including Associate Judge Victor Delong, that... Delong was elected to serve a two-year term.' ...However, Judge Delong stated before this (appellate) Court that he believed that the term to which he was elected in 2006 was a four-year term. This difference creates a factual question best heard before a trial court. If it is found that Judge Delong knew or should have known that his election was to a two-year term, then he cannot rightfully claim that he should continue to serve as a judge for another two years. However, if it can be established that the term to which he was elected was a four-year term, then Judge Delong has a rightful claim to his duly elected position. Wherefore, based upon the foregoing analysis, the case is remanded back to Special Judge Morley for consideration of the question as to whether Judge Delong know or should have known that the 2006 election resulted in a two-year term."

The tribal appellate court, consisting of Chief Justice B.J. Jones, Associate Judges Keith Richotte and Michael Swallow, are the members of the appeals court and made the above ruling. The appellate judges did receive Delong's appeal, but only after a long eight-month delay at the tribal court level, Delong noted.

Delong is still hoping the case will be resolved in a more expeditious manner. The case has been a roller-coaster ride for the Belcourt man. The Turtle Mountain Judicial Board, which is supposed to be the guiding force behind the judicial branch, passed a resolution that reinstated Judge Delong to his position. That resolution was not recognized by the tribal court and does not consider the resolution to be a valid document.

Another of the appellate court's reasoning to remand the case back to the Turtle Mountain Tribal Court was that the tribal court decision ruling the election to be unconstitutional was "overreaching." The case was heard by Special Judge Morley. The appellate court further noted that they had previously ruled that challenges to elections are to be filed in a reasonable time frame.

To make matters even more difficult in the case, the process for De-long's appeal has taken a very long time in tribal court. One judicial board official believes that is largely because of a deep division between the judicial board and the tribal court. The board and court are not communicating or working together, and that is detrimental to the entire judicial system, according to Judicial Board Chairman William "Porky" LaVallie.

"What this has turned out to be is a power struggle within the judicial branch of our government, so this is not a true separation of powers," LaVallie stated last Friday. "We, as the judicial board, unanimously feel that Judge Delong should have gone back to work in his elected position long ago. We are trying to talk to the court and no one seems to want to listen to us or recognize our status. We have our monthly regular judicial board meetings, but no one from the court ever shows up or provides us with any data we request. All we know is that we need to be a major part of the court in matters not just with Judge Delong, but with anything that involves the judicial system of the tribe. Right now, we are being ignored as an elected body for the most part."

In his mind, Delong said he is on "the outside looking in." He has wanted to go back to work as an associate judge and assist with what he says is a huge backlog of cases in tribal court.

"I am willing and able to go back to work and perform the duties that I was elected to do. I know I have the ability to help the court system and the tribe's judicial system -- if I'm allowed to. Hopefully, we can get some kind of agreement soon. I believe everyone has the right to have their day in court in a timely manner, and that includes judges like myself. I agree with the appellate court's recent ruling to remand it back to tribal court, but I don't know that Judge Morley will change his ruling. So I guess I will have to go back to the appeals process, eventually," Judge Delong concluded.

"What this has turned out to be is a power struggle within the judicial branch of our government, so this is not a true separation of powers. Right now, we are being ignored as an elected body for the most part."

William "Porky" LaVallie, Turtle Mountain Tribal Judicial Board Chairman



Copyright 2010 Turtle Mountain Star, Rolla, North Dakota. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from SmallTownPapers, Inc.

© 2010 Turtle Mountain Star Rolla, North Dakota. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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