Copyright © 1998 NLThomas
All Rights Reserved

Cherokee Press Association
Copyright © 1998 CPA
All Rights Reserved

The Cherokee’s highest court has appointed a former Delaware County assistant district attorney as special prosecutor to investigate possible contempt by two suspended tribal judges.

The Cherokee Nation Judicial Appeals Tribunal issued an order in December stating suspended tribal District Judge Tina Glory Jordan, with the assistance and support of Principal Chief Joe Byrd and his staff, had created an illegal court system housed at the tribal complex.

Tribunal Chief Justice Ralph Keen named Jay attorney Robert Jenkins as special prosecutor. The order authorizes Jenkins to investigate, make recommendations to the court and prosecute, if necessary, any and all incidents of contempt pertaining to the tribunal’s December and February court orders involving Jordan and Associate District Judge DeWayne Littlejohn.

The split in the court system occurred after a Feb. 25, 1997 raid on the tribal headquarters by tribal marshals who executed a search warrant and seized evidence leading to diversion of funds charges against Byrd.

Byrd then fired the marshals and ignored a tribunal court order reinstating them.

Jordan abandoned the tribal courthouse in May, before Byrd sanctioned what later was ruled an illegal impeachment of the tribunal justice. Byrd’s armed security guards seized the courthouse in a predawn raid in June, displacing the tribunal justices.

Byrd on Aug. 25 signed a piece accord with U.S. Interior Secretary Bruce Babbitt agreeing to reinstate the tribunal and instruct Jordan to return the district court to the tribal courthouse. Byrd named Littlejohn as associate district judge after stating the term of Associate District Judge Drew Wilcoxen, who was presiding when the criminal charges were filed against Byrd, was up.

“The tribunals’ December order stated because Jordan and Littlejohn failed to return to the tribal courthouse and bring district court files with them, all decisions and orders entered by the district court from May 14 to Dec. 3 were null and void.

The following Feb. 17 order again called for the return of all district court property and records under Jordan or Littlejohn’s control. The two were ordered to cease holding hearings, trials and rendering decisions and issuing check requests to be drawn from district court funds.

The justices warned that failure to obey the order would be grounds for contempt of court.

The records still have not been returned as of Tuesday.