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The docket set for February, by suspended tribal District Judge DeWayne Littlejohn, is meaningless because the judge is suspended, said Dwight Birdwell, the presiding justice of the Judicial Appeals Tribunal the Cherokee Nation of Oklahoma's highest court. Littlejohn has no authority to schedule court dockets because he was suspended more than a year ago for refusing to hold court at the tribe's courthouse and refusing to return court files, said Justice Birdwell.

Littlejohn's court docketing efforts were "politically motivated", said JAT Justice, Philip Viles Jr. Littlejohn could not be reached for comment.

Byrd named Littlejohn as a judge after the chief had been named in cases alleging obstruction of justice and diversion of tribal and federal funds. Offices for Littlejohn were created at the tribal headquarters instead of in the Cherokee Nation of Oklahoma's Courthouse.

Included in the docket are cases alleging the JAT permitted juvenile records to be used for commercial purposes and the case of conspiracy to obstruct justice against Chief Joe Byrd.

The Byrd administration is trying to undermine the tribe's court system, said Justice Viles, and just before the CNO's February filing period for tribal offices.

Justice Birdwell said, "If you can appoint yourself the leader of Japan, you can conduct court, but has no power or authority to be doing any court business whatsoever", referring to Littlejohn.

If Littlejohn would establish an office at the tribal courthouse and return the files, he would have been reinstated, Birdwell said. Birdwell also explained that the charge against the JAT justices involved a history book published about the Judicial Appeals Tribunal, the Cherokee Nation of Oklahoma's highest court.