|HOME|OPINIONS|
FORT PECK COURT OF APPEALS
ASSINIBOINE AND SIOUX TRIBES
FORT PECK INDIAN RESERVATION
POPLAR, MONTANA
*******************************
| FORT PECK TRIBAL COURT, Appellee/Petitioner, vs. IRIS ALL RUNNER, Appellant/Respondent, |
Appeal No. 068 REVISED OPINION |
THIS APPEAL is from a Petition for Review of the action of the deceased Honorable Chief Judge William "Tolly" McClammy as outlined in the Memorandum dated October 13, 1984.
FOR APPELLEE: The Tribes were not represented.
FOR APPELLANT: Garrett Big Leggins, Lay Counselor, P.O. Box 1391, Poplar, Montana 59255.
CIVIL: THE DECEASED HONORABLE CHIEF JUDGE WILLIAM "TOLLY" McCLAMMY’S MEMORANDUM DATED OCTOBER 13, 1984 COMPLIED WITH I CCOJ 504; THE ACTION OF THE DECEASED HONORABLE CHIEF JUDGE WILLIAM "TOLLY" McCLAMMY ON OCTOBER 13, 1984 COMPLIED WITH I CCOJ 504 AND THE REVIEW OF DECEASED HONORABLE CHIEF JUDGE WILLIAM "TOLLY" McCLAMMY’S ACTION IN DISBARRING APPELLANT AS LAY COUNSELOR WAS APPROPRIATE IN THAT THERE WAS NO OFFICIAL CODE OF ETHICS OR OFFICIAL RULES OF COURT; AND THE MEMORANDUM DATED OCTOBER 26, 1984 WAS A FINAL ORDER OF DISBARMENT.
Argued: April 17, 1989. Decided: April 17, 1989.
OPINION by Arnie A. Hove, Chief Justice, joined by Associate Justice, Floyd Azure. Dissent by Associate Justice, Gary James Melbourne. REVISED OPINION by Arnie A. Hove, Chief Justice, joined by Associate Justice, Floyd Azure.
HELD: ON OCTOBER 26, 1984, THE TRIBAL COURT ENTERED A FINAL ORDER OF DISBARMENT. THIS COURT REAFFIRMS THE FINAL ORDER OF DISBARMENT PURSUANT TO I CCOJ 504(b) AND APPELLANT IS DISBARRED FROM PRACTICE AS A LAY COUNSELOR WITHIN THE FORT PECK TRIBAL COURT SYSTEM.
Facts
On April 16, 1989, this Court entered its majority of opinion and disbarred appellant Iris All Runner from practice as a lay counselor from the Fort Peck Tribal Court System because of the Tribal Court’s failure to issue a final order of disbarment. The opinion dated April 16, 1989 will remain as written and carry the effect of the final order affirming appellant’s disbarment as a lay counselor. This revised opinion is intended to correct only a recently discovered misstatement of certain facts.
On or about June 2, 1989, the Court received a copy of the Finalized Disbarment of Lay Counselor, Iris All Runner dated October 26, 1984 from deceased Chief Judge McClammy. (See Exhibit A.) This memorandum clearly sets forth that appellant was given a full ten (10) days to respond to charges listed in the October 13, 1984 memorandum. The Court pointed out that appellant had failed to respond to the charges listed in the memorandum and therefore, she was disbarred as a lay counselor of the Fort Peck Tribal Courts.
One of the reasons appellant gave for her appeal was:
"A Final Order of Disbarment does not exist as a matter of the Court Records.
This Court granted appellant’s Petition for Review based on the allegation of appellant there was no final order of disbarment. Furthermore, during oral arguments, this Court was continually made to believe there was no final order of disbarment when in fact one was issued and copied to all of the board members on the Tribal Executive Board, Tribal Court Judges and Clerk of Court.
In reviewing, Chief Judge McClammy’s memorandum, this Court’s original majority opinion determined one primary complaint was appellant’s honesty towards the Fort Peck Courts. In view of the primary complaint and the appellant’s testimony at the hearing, the majority made the determination that appellant was not being honest with this Court during the hearing. In view of the discovery of the memorandum dated October 26, 1984 by the Chief Clerk of Court, Karen Hamilton, the majority’s determination appellant’s was not being honest with this Court has found further support.
Under Canon 13 of the Code of Ethics for Attorneys and Lay Counselors of the Fort Peck Indian Reservation, appellant is required to act with honesty toward the Fort Peck Courts. Again appellant did not do so when she failed to advise the court of the October 26, 1984 finalized disbarment memorandum.
_______________________________________________________________________________________________
THEREFORE, IT IS THE MAJORITY OPINION OF THIS COURT TO REVISE ITS ORIGINAL OPINION TO INCORPORATE THE ABOVE AS IF FULLY SET FORTH THEREIN AND/OR AMEND THE SAME ACCORDINGLY. BECAUSE THE TRIBAL COURT ENTERED A FINAL ORDER OF DISBARMENT ON OCTOBER 26, 1984, THIS COURT REAFFIRMS THE FINAL ORDER OF DISBARMENT PURSUANT TO I CCOJ 504(b) AND APPELLANT IS DISBARRED FROM PRACTICE AS A LAY COUNSELOR WITHIN THE FORT PECK TRIBAL COURT SYSTEM.
DATED this _____ of June, 1989.
BY THE COURT OF APPEALS:
_________________________
Arnie A. Hove, Chief Justice
_________________________
Floyd Azure, Associate Justice
A DISSENTING OPINION BY ASSOCIATE JUSTICE GARY JAMES MELBOURNE IS STILL TO BE PREPARED AND FILED WITH THE ORIGINAL OPINION AND THIS REVISED OPINION.