News Coverage of Shomin v. GTB Election Board

From Indianz:

The tribal court of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan disqualified a winning candidate from holding public office.

The court said Alvin Pedwaydon violated election law because he sits on a committee that determines the salaries of tribal council members. “I am simply shocked,” told The Leelanau Enterprise in response to the decision.

Pedwaydon was the top vote-getter in the last three elections. He indicated he might pursue an appeal.

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LVD Sorta Back to Normal

From TV via Pechanga:

WATERSMEET — After nearly a week of courtrooms, protests, and imprisonment the Lac Vieux Desert Tribal Council plans to return to their reservation in Watersmeet.

According to their attorney, the nine-member council plans to return home and conduct business as usual until the tribal appellate court hears the case.

Monday dozens of council and tribal members protested outside of the Marquette Federal Courthouse saying they are political prisoners upholding the tribe’s constitution.

All nine members of the tribal council were jailed last week after refusing to swear in the new executive council due to alleged election problems.

GTB Election Challenge

Here: Mary Shomin v Election Board_Sep 2010.

Supplemental Pleading in LVD Case

Sounds like the federal habeas case is dead for now, as the LVD council is out of jail.

LVD Council Supplemental Brief

LVD Appellate Decision(s) Ordering Release of LVD Council

Note the dates of the orders (Sept. 9 and Sept. 11), and the actual release of the council (Sept. 11): Order Granting Habeas Corpus.

LVD Council Released from Jail

From tv:

WATERSMEET — The Lac Vieux Desert tribal council is back in Watersmeet after an appellate court ruled they should be released from jail.

According to the tribal council’s attorney, Zeke Fletcher, the appellate court made the ruling two days ago but Judge Bradley Dakota did not recognize the ruling.

The nine member council has been in the Iron County jail since Wednesday because they refuse to swear in two new tribal council members despite the court order.

They were held in contempt of court and jailed.

LVD Tribal Council Press Release

Here: Statement by LVD Tribal Council.

News Coverage of LVD Council Jailing

From TV, via Pechanga:

WATERSMEET — It has been a politically charged few weeks for the Lac Vieux Desert Tribe but things turned criminal on Wednesday.

All nine members of the tribal council were held in contempt of court after refusing to swear in the new chairman and treasurer and are now sitting in jail.

Judge Bradley Dakota’s ruling said the council must remain in jail until a majority agrees to swear in the new members.

Ruth Antone is an elder within the tribe and has lived on Lac Vieux Desert land all of her life.

She supports swearing in the new council but given the fact that two of her grandchildren are on the current council and are now in jail it’s been a difficult situation.

“I was at the hospital last night because my blood pressure was high and that’s because all that’s been going on,” she said. “I want it over with, I’m glad it’s over with soon I hope.”

The jailed council members released a statement through their attorney saying:

“We are being criminally punished for upholding the Constitution.”

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LVD Council Habeas Petition — UPDATED with Exhibits

Here: LVD Council Habeas Petition.

Update (9/10/10): LVD Habeas Exhibits.

Update (9/11/10): LVD Habeas Exhibits Part 2

Amazing materials. Has this ever happened before? Wonder if one of these (a habeas petition on behalf of an entire tribal council) has ever been filed.

LVD Council Arrested?!?!?

From TV, via Pechanga:

WATERSMEET — Controversy continues to surround the Lac Vieux Desert Tribe and Wednesday police took action.

All nine tribal council members have been arrested for disobeying a court order by refusing to swear in the newly elected chairman and treasurer at last night’s tribal council meeting.

In July, tribal members protested the council’s decision not to step down after seven of the nine council members were voted out of office.

A third party judge ruled last month that the new chairman and treasurer must be sworn in and a new election would be held for the five general council positions.

The nine arrested council members have been transported off tribal property and are being held in the iron county jail without bond.