YEARS AGO SITTING IN THE MOHEGAN TRIBAL COURT ROOM I LISTENED AS TWO ATTORNEYS ARGUED OVER WHETHER THE SEVERAL MEMBERS OF THE TRIBAL COUNCIL COULD CLAIM SOVEREIGN IMMUNITY TO PROTECT THEMSELVES FROM A LAWSUIT BROUGHT BY A TRIBAL MEMBER AGAINST THEM.
I THOUGHT THIS IS ABSURD. HOW CAN A RULE OF LAW, SOVEREIGN IMMUNITY MEANT TO PROTECT TRIBES FROM OTHER GOVERNMENTS AND OUTSIDE INTERESTS OR COMPANIES BE USED TO PROTECT THE MEMBERS OF THE GOVERNMENT FROM A LAWSUIT BY A TRIBAL MEMBER.
THE CASE ACCORDING TO THE PETITIONER WAS ALLEGED THAT SEVERAL MEMBERS OF THE TRIBAL COUNCIL CONSPIRED TO GIVE A CONTRACT TO ONE OF ITS MEMBER'S RELATIVES. THE CONTRACT WAS FOR WORK TO BE DONE AT THE CASINO.
WEEKS LATER SEVERAL MEMBERS OF THE TRIBAL COUNCIL AT A WEDNESDAY COFFEE HOUR ANNOUNCED THAT LAWSUIT HAD BEEN DISMISSED BECAUSE OF LACK OF EVIDENCE.
THE PETITIIONER WHO FILED THE SUIT SAID IT WAS DISMISSED BECAUSE OF SOVEREIGN IMMUNITY.
I DO NOT KNOW THE REASON FOR THE FINAL DECISION. I DO KNOW HOWEVER THAT THIS SHOULD NOT BE ABLE TO HAPPEN. IT SHOULD NEVER HAPPEN AGAIN. EVERY TRIBAL MEMBER IS ENTITLED TO HIS DAY IN COURT. THE GOVERNMENT SHOULD NOT BE ALLOWED TO STOP A LAWSUIT BROUGHT BY A TRIBAL MEMBER ON THE GROUNDS OF SOVEREIGN IMMUNITY.
I URGE THE COUNCIL OF ELDERS WHO DISBANDED THE CONSTITUTION REVISION COMMITTEE TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE MOHEGAN TRIBE OF CONNECTICUT TO FIX THIS FLAW, THAT EVIDENTLY IS IN THE CONSTITUTION.
UPCOMING STORIES: THE PROBLEMS WITH CONSTRUCTION OF THE FORT HILL ELDER HOUSING BUILDING AND THE UPCOMING ELECTION OF THE COUNCIL OF ELDERS.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment