Copyright © 1999 NLThomas
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TAHLEQUAH - A suspended tribal district judge, DeWayne Littlejohn, has scheduled hearings for next month to hear criminal cases against Principal Chief Joe Byrd, one current and two former administrators and three members of the Cherokee Nation of Oklahoma's Judicial Appeals Tribunal, the CNO's highest court. Littlejohn was suspended some time ago by the JAT.

When asked if any of the JAT justices would appear before the suspended judge of a lower court, the Chief Justice Dwight W. Birdwell said, "absolutely not."

Another question is, would the district court issue warrants for the arrests of the JAT justices if they refuse to appear before the suspended judge of a lower court? Attorney Nate Young of Tahlequah said, "that's a possibility."

The tribe's judicial system has been at the center of tribal conflict since the JAT, the CNO's highest court, issued a search warrant when Chief Joe Byrd refused to provide contracts and financial records of tribal business to the council and the Cherokee people. The search warrant was requested by the tribe's then prosecuting attorney, Diane Blalock back in February of 1997. The search warrant was then served by the Cherokee Marshal Service, who were all fired by Byrd shortly after the legal search warrant was served.

Tribal criminal charges were also brought against the chief, former secretary-treasurer Jennie Battles, former chief of staff George Thomas and personnel director Ervin Rock, by tribal prosecutor Diane Blalock, who was fired by Byrd shortly after the charges were filed.

The charge Byrd, Battles, Rock and Thomas face is that of conspiracy to obstruct justice. Byrd, Battles and Thomas also face charges of misuse of tribal and possibly federal funds.

Attorneys loyal to Byrd, then filed charges against the JAT justices who had issued the warrant. The JAT justices; Ralph F. Keen, Dwight W. Birdwell and Philip F. Viles. They were charged with improper use of confidential juvenile court records while working on a written history of the Cherokee Nation's Judicial Appeals Tribunal or JAT, the CNO's supreme court.

Battles, treasurer of Cherokee Nation Housing Authority, was fired by Byrd in August of 1998, after a recommendation from the inspector general's office of the U.S. Department of Housing and Urban Development. It was recommended that HUD officials sanction Battles for the alleged misuse of more than $8,000 in housing authority funds.

In October, a federal jury convicted Joel R. Thompson, former head of the Cherokee Nation Housing Authority, on 21 counts of mail fraud, false statements and misapplication of funds. Thompson has not yet been sentenced.

Byrd, Battles, Mark McCullough, Byrd adviser of Pryor, and tribal general counsel Rex Earl Starr, are facing a civil lawsuit which is now pending. The suit involves illegal wiretapping and conspiracy. The wiretapping allegations are being investigated by the FBI and a Tulsa grand jury. Byrd denies any involvement. It was reported that a $250,000 settlement with the Cherokee housing authority was reached in November of 1998.

The JAT justices are to appear before suspended District Judge DeWayne Littlejohn on February 26, 1999. Littlejohn was suspended by the JAT several months ago for his refusal to return district court operations from Byrd's headquarters back to the CNO courthouse. The district court was moved from the CNO Courthouse, which Byrd took over and closed using his own personal police force that he hired right after firing the entire Cherokee Nation Marshal Service.

Chief Justice Birdwell said, "The charges that he is attempting to hear, quite frankly, are malicious, politically motivated and nothing more than an effort to destroy the last functioning branch of the government of the Cherokee Nation.