NON-ATTORNEY SPOKEPERSONS

ON WEDNESDAY, OCTOBER 15, 2008, THE MOHEGAN TRIBAL COUNCIL VOTED TO PASS A NEW LAW AND ORDER CODE FOR THE MOHEGAN PEOPLE. THE VOTE WAS EIGHT IN FAVOR AND ONE OPPOSED. THE OPPOSED VOTE WAS BY COUNCILOR MARK HAMILTON.

THE NEW LAW AND ORDER CODE, SEC. 1-27 Spokesperson Representation. Any spokesperson, including non- attorney spokespersons, may represent parties in Minor Civil Actions.

THE NEW LAW AND ORDER CODE CHANGES THE NAME OF NON-ATTORNEY SPOKESMAN TO NON-ATTORNEY SPOKESPERSON. UNDER THE PREVIOUS LAW AND ORDER CODE A TRIBAL MEMBER COULD TAKE THE BAR EXAM AND SERVE THEMSELVES AND OTHER TRIBAL MEMBERS BEFORE THE MOHEGAN TRIBAL COURT. THEY DID NOT HAVE TO BE ATTORNEYS TO TAKE THE BAR EXAM. THEY COULD PRACTICE ON ANY CASE IN THE MOHEGAN TRIBAL COURT SYSTEM. THEY COULD NOT PRACTICE LAW IN THE MOHEGAN TRIBAL GAMING COURT SYSTEM.

THE NEW LAW AND ORDER CODE SAYS THAT THE NON-ATTORNEY SPOKESPERSON CAN ONLY DEAL WITH MINOR CIVIL ACTIONS. IN OTHER WORDS, TRAFFIC CASES, SUMMARY PROCESS EVICTION ACTIONS AND CIVIL ACTIONS SEEKING MONEY DAMAGES OF FIVE THOUSAND DOLLARS ($5,000.00) INCLUDING ATTORNEY AND (COURT) COSTS.

ANY OTHER CASE IS CONSIDERED A MAJOR CASE AND WOULD REQUIRE AN ATTORNEY. I BELIEVE A TRIBAL MEMBER COULD STILL REPRESENT HIMSELF "PRO SE."

WHAT HAS THE MOHEGAN TRIBAL COUNCIL DONE? FIRST PEOPLE WHO HAVE TAKEN THE BAR AND BECOME NON-ATTORNEY SPOKESPERSONS HAVE NOW HAD THEIR ABILITIES LOWERED. THE NON-ATTORNEY SPOKESPERSONS CAN NOT DO WHAT THEY COULD BEFORE UNDER THE PREVIOUS LAW AND ORDER CODE. THE NON-ATTORNEY SPOKESPERSON TRIBAL MEMBERS WHO WANTED TO HELP THEMSELVES AND OTHER TRIBAL MEMBERS ARE NOW LIMITED BY WHAT THEY CAN DO.

HAS THE TRIBAL COUNCIL TAKEN AWAY FROM THE MEMBERS, A VALUABLE RIGHT?

SOMETHING THAT WAS UNIQUE AND MADE MOHEGANS SPECIAL (NON-ATTORNEY SPOKESPERSONS UNDER THE OLD LAW AND ORDER CODE) HAS BEEN GREATLY LIMITED.

THERE ARE OTHER THINGS IN THE NEW LAW AND ORDER CODE THAT BROKENWING EDITORIALS WILL INFORM READERS ABOUT IN THE FUTURE. MAYBE THE NEW LAW AND ORDER CODE SHOULD BE AMENDED. MAYBE MARK HAMILTON WAS RIGHT. HAS THE MOHEGAN TRIBE BEEN WRONGED? WHAT DO YOU THINK?

EDITORIAL FOOTNOTE: YEARS AGO A TRIBAL MEMBER FILED ETHICS COMPLAINTS AGAINST SEVERAL MEMBERS OF THE TRIBAL COUNCIL ALLEGING IMPROPRIETIES IN THEIR DUTIES. DURING THE INVESTIGATION PERIOD, THAT TRIBAL COUNCIL BROUGHT A NEW ETHICS ORDINANCE OUT. NOW KEN DAVISON IS BRINGING A LAWSUIT AGAINST THE ELECTION COMMITTEE (TRIBAL COUNCIL) BECAUSE HE FEELS THE ELECTION ORDINANCE VIOLATES HIS RIGHTS AND THE MOHEGAN CONSTITUTION. WHAT HAS THE TRIBAL COUNCIL DONE, NOW? THEY CHANGE THE LAW AND ORDER CODE ABOUT THE MOHEGAN COURT SYSTEM. IS THERE A PATTERN HERE? IS IT A COINCIDENCE? WHAT DO YOU THINK?