Tribal judge to rule on Paiute feud

Jace Radke

Friday, Aug. 23, 2002 | 9:23 a.m.

A decision that will determine whether a group of 14 people disenrolled from the Las Vegas Paiute tribe in 1999 rests with a tribal court judge.

Las Vegas attorney Terry Coffing, who serves as tribal court judge for the Paiutes, is expected to deliver a written decision as early as next week after hearing arguments from attorneys for the tribal council and the disenrolled members.

Coffing originally ruled in favor of the disenrolled members, who were removed by a tribal council mandate in July 1999. The 14 disenrolled members have been unable to collect annual tribal disbursements of about $100,000 apiece because of the mandate.

Coffing's ruling was appealed by the council to the tribal appeals court, which remanded the case back to Coffing for an evidentiary hearing Thursday.

The appellate court has asked the tribal court to determine if any of the people listed on a 1940 census role of the Southern Nevada Paiute Tribe did not have one-quarter blood heritage that the council mandated tribe members must have in 1999.

Attorneys for the council argued Thursday that everyone on the list, excluding the Caucasians and Hispanics, appear to have the necessary blood. Michael Stuhff, attorney for the disenrolled members, argued that it is possible that some of the people listed on the roll did not have the necessary ancestry in order to show that the council's original ruling should be thrown out.

Marriages and movement by splintered tribes over the years make it difficult to determine if all of the members on the roll meet the council's requirements, Stuhff said.

The ancestors of the disenrolled members appear on the roll, Stuhff said.

"It's a circular argument," Stuhff said. "How can these people not have the Southern Paiute blood required to be in the tribe in 1999, and now, for purposes of this hearing, they are on the roll and are Southern Paiutes?"

Coffing mentioned twice at the hearing that the tribal council, which includes new members elected in July, could rescind the mandate that caused the disenrollment at any time no matter how he rules.