Copyright © 1998 NLThomas
All Rights Reserved

Cherokee Press Association
Copyright © 1998 CPA
All Rights Reserved

Cherokee Chief Joe Byrd appears to be trying to get the Bureau of Indian Affairs to intervene in a tribal crisis by making decisions for the tribe's judicial branch, a justice said Wednesday. "The U.S. Department of Interior appears to be elevating the Cherokee judicial branch problems up to the "secretary level" again", said Ralph Keen, chief justice of the Cherokee Nation Judicial Appeals Tribunal.

Keen received a copy of a letter Tuesday from a staff assistant of Assistant Interior Secretary for Indian Affairs Kevin Gover to Byrd. The letter confirms a meeting scheduled at 11 a.m. today in Washington between Gover and representatives of Interior and the U.S. Department of Justice with Byrd.

The letter from Gover staff assistant Jill Smith listed others to be at the meeting. tribunal justices' a suspended tribal district judge, Tina Jordan; and tribal council members The councilors invited are those who attended previous meetings with interior to try to solve a constitutional crisis now in its 12th month.

Councilor Barbara Starr Scott said Smith seemed stunned when told Wednesday that the councilors and Keen weren't notified of the meeting until just before noon Wednesday. Scott said Smith told her she had been discussing the meeting with Byrd for more than a week. "I told her if the BIA hasn't figured out in the past year that we're not communicating down here, you're probably not going to catch on," Scott said.

Smith later told her the meeting would be rescheduled for March 3 so everyone would have proper notice, Scott said.

Byrd signed a peace agreement with U.S. Interior Secretary Bruce Babbitt on Aug. 25 to try to resolve the constitutional crisis He agreed to restore the tribe's judicial system after earlier upholding the illegal impeachment of the tribunal justices.

Byrd is charged in tribal district court with two counts of diverting funds He contends the tribunal is prejudiced against him and has sanctioned Jordan moving the district court to the tribal complex Her refusal to move its court back prompted the tribunal to suspend her as a tribal judge in May.

Smith's letter to Byrd states today's planned meeting was to discuss "ongoing law enforcement issues." Scott said it is clear that the meeting was to be about the tribe's judicial problems Byrd earlier told Gover he planned to write Jordan a letter to move the district court from the tribal complex back to the tribal courthouse, as the tribunal ordered. Byrd has not done that and wants to try to get support from federal officials, Starr and Keen claim.

Byrd couldn't be reached for comment Tulsa attorney Chuck Shipley, who represents a tribal councilor embroiled in a civil suit with Byrd's Washington attorneys over legal fees the tribe has paid the firm, said Byrd still plans to meet with Gover today.