Seidel v. Council of Elders

4 Am. Tribal Law 473, 1 M.T.C.R. 6
CourtMohegan Trial Court
DecidedApril 17, 2002
DocketNo. CV-02-0001
StatusPublished
Cited by1 cases

This text of 4 Am. Tribal Law 473 (Seidel v. Council of Elders) is published on Counsel Stack Legal Research, covering Mohegan Trial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seidel v. Council of Elders, 4 Am. Tribal Law 473, 1 M.T.C.R. 6 (Mo. 2002).

Opinion

OPINION ORDER DENYING MOTION TO RECUSE

ANITA DUPRIS, Chief Judge.

SUMMARY

On April 8, 2002 Plaintiffs Seidel and Strickland filed a Motion to Recuse Chief Judge Anita Dupris based on Canon Two of the Mohegan Tribe’s Judicial Code of Conduct1, which provides statutorily defined minimum standards and guidance to the Mohegan judges on appropriate behavior as judges of the Mohegan Tribe. This is a question of first impression.

This Motion came before the Court for a hearing on April 16, 2002. The Plaintiffs, Bethany Seidel and Kimberly Strickland, were represented by Christopher Abeita, spokesman. The Defendant’s, Mohegan Tribal Council of Elders, were represented by Helen Avalos, spokesman. The Mohegan Tribal Council, Mark Brown and Sandra Eicheiberg appeared specially through their spokesmen, Dale White and Henry Buffalo, Jr. Third Party Defendant, Bethany Seidel, in her official capacity as Chairman of the Mohegan Tribal Election Committee, was represented by Andrew Houlding, spokesman.

APPLICABLE CANONS OF JUDICIAL CODE OF CONDUCT

The Canons state, among other things, that a Mohegan Judge must approach cases with the goals of promoting harmony, order, fair play, leadership and guidance to the parties without the use of coercion. Restitution is recognized as a tradition of the Mohegan Tribe, and is to be encouraged by the judge.2

Canon Two 3 states:

Mohegan tribal members expect those who make decisions about their lives and future to be wise and completely independent, and that the Court will decide without regard to improper influences. Personal influences may arise from family, personal, or business relationships; a personal interest in the case before the Court; giving in to or fearing political influence; or any consideration other than the equality of the parties and the merits of the case. Therefore, all Judges must remain personally impartial and independent, and act to promote and protect the independence of the Mohegan Tribal Court.

[475]*475Canon Three 4 states:

Automatic recusal is not required because of personal opinion, but only an aware and deliberate self-examination, with a moral judgment that it would be inappropriate to hear the cases. The Judge shall enter an order of recusal if it appears that bias or prejudice toward a person, group, or entity may play a part in the decision.... A Judge shall perform the duties of judicial office without bias, prejudice, or favoritism. If a Judge bears either a bias or favoritism toward any group, he should consciously reflect whether the attitude would affect the ability to remain impartial, given the identity of a party or parties before the Court.

RELEVANT FACTS

Plaintiffs base their motion on an affidavit of Mr. Kurt Eichelberg, a person not a party to this action. He is related to Ms. Sandra Eichelberg, a person who has, through her spokesman, filed a Motion to Dismiss a Cross-Claim brought against her by the Defendants to this action based on lack of personal jurisdiction.5

First the following are the specific allegations put on record by the parties through affidavits filed on the Motion to Recuse:

1)Mr. Kurt Eichelberg alleges he was listening outside my office door one day in May, 2001 to a conversation transpiring between Chairwoman Gay Story Hamilton and myself.
2) He further alleges that Chairwoman Hamilton discussed tribal enrollment issues with me, even after I allegedly stated “we probably shouldn’t be discussing these issues.”
3) Mr. Eichelberg alleges he was astonished that I allowed the conversation to continue anyway.
4) Mr. Eichelberg alleges he heard Chairwoman Hamilton tell me how she was depressed about enrollment. [I assume he meant enrollment issues.]
5) After listening outside my door for an undisclosed period of time, Mr. Ei-chelberg alleges he went into Ms. Eiehelberg’s office. On his way out of Ms. Eiehelberg’s office he stated . he again observed Chairwoman Hamilton in my office.6
6) Chairwoman Hamilton has filed an affidavit alleging she does not recall the visit nor the conversation.

Second, the following is a candid disclosure on my part of my contacts and interactions with all those involved or potentially involved in this matter, as required by my judicial oath, the Canons of Judicial Conduct, and my experience:

1) I have been Chief Judge of the Mohegan Tribe for almost two years. I come from an extensive background of judging in both trial and appellate court systems for nine (9) otter tribal courts in the United States.
2) In each tribe with which I worked, 1 have taken it upon myself to not [476]*476only be aware of the Constitution and statutory laws, but of the cultures of the Tribes. None are exactly alike.
3) In my quest to learn about the Mohegan Tribe, I have talked with many people who work for the tribe, as well as tribal members who don’t work for the Tribe.
4) I learned that the unique Constitution of the Mohegan Tribe establishes two Councils that “govern” the Tribe: the Tribal Council and the Council of Elders. The Constitution then imbues the Council of Elders with both legislative and judicial powers.
5) The Canons 'instruct judges to, inter alia, consult with the Council of Elders on matters of custom and tradition.
6) In the past two (2) years all of the Mohegan Tribal Trial Court judges and staff embarked on several projects to improve the Court’s services. We established ad hoe judicial committees with the other judiciary of the Tribe, i.e. the Council of Elders. The Court of Appeals judges were not appointed during this time. The Committees developed court rules of procedure, a written bar exam, and proposed peacemaker forum procedures. We all met regularly throughout 2000-2001.
7) During this period of time all of the Court staff, including all of the judges, discussed custom and tradition with the Council of Elders.
8) Throughout the same time and to the present we were also presented with culture training offered by the Tribe’s Museum Authority Director, Melissa Tantaquidgeon on two (2) separate occasions.
9) Throughout my two (2) years here I have meet several times with the statutorily-established Judiciary Committee, consisting of the Chief of Staff, the lead attorney for the Office of the Legal Department, and the Director of the Human Resources Department.
10) I have had regular meetings with the Chief of Staff on court administration issues.
11) I have had conversations with Ms. Sandra Eichelberg, who’s office is next to mine.
12) I have mingled in the lunchroom and at the Mohegan Wigwam Festival with several other tribal staff and tribal members.

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Related

Mohegan Tribe of Indians of Connecticut v. Mohegan Tribal Court
8 Am. Tribal Law 213 (Council of Elders of the Mohegan Tribe, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
4 Am. Tribal Law 473, 1 M.T.C.R. 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seidel-v-council-of-elders-moheganct-2002.