Wednesday, Dec. 24, 2003 | 9:24 a.m.
A six-month deadline set by a tribal appeals court for the Las Vegas Paiute Tribe and 14 disenrolled members to settle their differences has expired with the two sides still at odds.
At issue is a 1999 mandate by the Las Vegas Paiute tribal council that banned people from the tribe if they do not have one-quarter Southern Paiute heritage, despite the fact that their ancestors are on a 1940 census roll.
In June the appellate court recognized the 1940 roll as the base for determining tribal membership and remanded the case back to the local tribal court for a decision within six months.
Since then the local tribal court judge has resigned and no progress has been made, said Debra Faria, one of the disenrolled members who has been unable to collect annual disbursements of about $100,000 a year from the tribe's businesses, including three golf courses and a smoke shop.
"The tribe just keeps stalling and stalling, because they can," Faria said. "They hold all the cards."
Tribal Chairwoman Gloria Hernandez did not return calls seeking comment Tuesday. In the past Hernandez has said that the disenrollment issue is a part of ongoing litigation that she can't comment on.
Earlier this month Michael Stuhff, attorney for the disenrolled Paiutes, sent a letter to Judge Robert Clinton, head of the three-judge appellate court, asking for a hearing.
"The court found and held squarely that the 1940 roll is conclusive and that neither the attorneys nor the council may challenge the blood quantums set forth in that roll," Stuhff states in the letter. "Apparently they (the tribal council's attorneys) would prefer to ignore that clear finding as they continue to bill their clients for their attempts to delay justice."
According to Stuhff, the tribe's attorney, Skip Durocher, has requested that the disenrolled members agree to extend the appellate court's deadline until March 9, 2004, while the tribe searches for a new local judge. Instead of agreeing, the disenrolled members decided to ask the appellate court for a hearing.
The appellate court has not yet responded to Stuhff's request for a hearing.
A decision in the matter has been slowed by the resignation of local attorney Greg Koppe from his position as tribal judge in September. In a letter to Hernandez, Koppe cited apparent tampering with court records and files and the firing of the court clerk without notification or consultation with Koppe.
In a letter responding to Koppe's allegations, Hernandez denied that there had been any tampering with court files and states that the firing of the clerk was a unanimous decision by the tribal council.
Faria said she hopes that the appellate court will set a hearing after the holidays.
"I hope the tribal appeals judges slam the tribe, and decide to take the case into their own hands and rule on it," Faria said.
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