Copyright © 1999 NLThomas
All Rights Reserved

TAHLEQUAH - The new Chief Justice of the Cherokee Nation of Oklahoma's (CNO) highest court, Philip H. Viles Jr., wrote to Principal Chief Joe Byrd notifing him that he would be at the tribal complex, on Friday 19 at 2:00 p.m., to pick up district court files and return them to the courthouse. According to Viles the courthouse is where the files should be kept in compliance with Cherokee law. "I will be in your office at 2 p.m. this Friday", Viles wrote to Byrd.

The Judicial Appeal's Tribunal (JAT), the CNO's highest court, has repeatedly requested that court papers and the district court be returned to the courthouse. District court is now located in the Byrd-controlled tribal complex. The seperation of the courts came about as a part of the on going power struggle between the judicial and executive branches of the CNO's government.

After Byrd had made a failed attempt to impeach all three of the JAT Justices, his next move was to take over the tribal courthouse. The justices, along with others who worked at the courthouse, were locked out of it for some time.

In late August 1977, the courthouse was reopened, via an agreement made with U.S. Department of Interior Secretary, Bruce Babbitt. The justices were returned to the courthouse but not the court papers. Tina Jordan, the district court judge at the time, moved the district court, including court douments, to the tribal complex.

At the lastest council meeting, held Monday night, Byrd illegally nominated Tina Glory Jordan to a vacanted JAT post. The post was recently vacated by Justice Dwight Birdwell so he would be eligable to run for the office of Principal Chief, in the upcoming May 22 CNO election. The nomination was illegally made as it was not on the agenda 10 days prior to the meeting, which is required by Cherokee law. After a rather loud and lengthy debate the item was tabled.

Repeated orders were sent to Jordan by the JAT justices to return the papers and the district court back to the courthouse. The orders were ignored. Jordan later resigned as a district judge to take the post of CNO's Housing Authority attorney.

DeWayne Littlejohn replaced Jordan as a district judge. Justices Keen and Birdwell issued several orders to Littlejohn to move the district court back to the courthouse. The orders issued to Littlejohn have also been ignored. The JAT has suspended Littlejohn until such time he returns the district court to the tribal courthouse.

Justice Wilcoxen's term is set to expire next week so Byrd has appointed Darrell Dowty, this time with tribal council approval, to fill one of the two vacancies that were left open on the three-member tribunal. Dowty is an assistant to the Cherokee County district attorney.

In the letter sent to Byrd Philip Viles wrote, "I know that you will (make) the appropriate arrangements to implement my plan. This is an excellent chance for you to show your skills as a leader."

Byrd stated he could not, as the chief officer of the tribe's executive branch, turn over records that were under the control of the judicial branch. Byrd also questioned the timing of the planed visit. Byrd left for Washington on Wednesday for a meeting on tribal affairs.

In a press release from Washington, D.C. Byrd stated, "The Cherokee Nation Constitution is very clear, in regard to the separation of powers ... we have three separate and distinct branches of government; executive, legislative and judicial."