INDEPENDENT COURT SYSTEM

WHEN THE CANDIDATES FOR THE COUNCIL OF ELDERS WERE ASKED BY THE ELECTION COMMITTEE MEMBERS, ON JULY 21, 2008, ON THE QUESTION ABOUT THE CONSTITUTION ONLY ONE PERSON GOT IT TOTALLY RIGHT. SHE SAID, WE NEED AN INDEPENDENT COURT SYSTEM.

THINK ABOUT THIS. THE TRIBAL COUNCIL AND THE COUNCIL OF ELDERS TOGETHER CREATED THE NEW ETHICS ORDINANCE.

A TRIBAL MEMBER OR SEVERAL TRIBAL MEMBERS DECIDE THEY DO NOT LIKE IT AND TAKE THE COUNCIL OF ELDERS AND TRIBAL COUNCIL TO MOHEGAN TRIBAL COURT, CHALLENGING THE LEGALITY OF THE ORDINANCE.

THE TRIBAL COURT RULES, ONE SIDE DOES NOT LIKE THE DECISION, SO IT THEN GOES TO THE APPEALS COURT. AGAIN ONE SIDE DOES NOT LIKE THE DECISION. THE TRIBAL MEMBERS CHALLENGE THAT THE ETHICS ORDINANCE HAS VIOLATED THE MOHEGAN CONSTITUTION AND ASKS THAT IT BE HEARD BY THE SUPREME COURT.. THE COUNCIL OF ELDERS (SUPREME COURT OF MOHEGAN TRIBE) AGREE IT SHOULD BE HEARD.

NOW THE PROBLEM. THE COUNCIL OF ELDERS AND THE TRIBAL COUNCIL CREATED THIS ORDINANCE. UNDER THE PRESENT SYSTEM IT WOULD HAVE TO BE HEARD BY THE MOHEGAN GAMING APPEALS COURT. NOW YOU HAVE NON-MOHEGANS DECIDING OUR CONSTITUTION. IS THAT WHAT WE WANT?

THE WAY I SAW IT, MOST OF THE CANDIDATES DID NOT EVEN KNOW ABOUT THE PROBLEMS IN THE CONSTITUTION. MOST OF THE CANDIDATES SAID THEY WOULD CHANGE IT IF NEEDED OR THEY WOULD NOT CHANGE IT AT ALL. ANOTHER PROBLEM IS THAT WITH THE DIFFERENT THINGS THE COUNCIL OF ELDERS DO, SITUATIONS LIKE THIS COULD HAPPEN. THEN AGAIN WHAT ABOUT THEIR TRAINING IN THE LAW? WHAT ABOUT THE POSSIBLE PROBLEMS THAT COULD HAPPEN BECAUSE OF THE FACT THAT THE TRIBAL COUNCILS' APPOINTING THE JUSTICES? THERE ARE OTHER PROBLEMS TOO, BUT I WILL DISCUSS THEM IN FURTHER ARTICLES. TALK TO OTHER MEMBERS AND BOTH THE COUNCIL OF ELDERS AND THE TRIBAL COURT ABOUT HOW YOU FEEL ABOUT THIS.

EDITORIAL UPDATE: CHECK OUT TEH PREVIOUS ARTICLES "ELECTION LAW NEEDS TO BE CHANGED" AND "SOVEREIGN IMMUNITY.''