Ruling may let Paiutes rejoin tribe

Jace Radke

Tuesday, June 10, 2003 | 11:12 a.m.

A ruling by a tribal appeals court could clear the way for 14 disenrolled members of the Las Vegas Paiute Tribe to rejoin the tribe after being kicked out in 1999.

The 16-page written decision handed down by three tribal judges recognizes a key 1940 census roll, which lists the ancestors of disenrolled members, as the base for determining tribal membership.

The case focuses on 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 blood heritage, despite the fact that their ancestors are on the 1940 roll.

"If the defendants (the tribal council) did not treat the 1940 census as a conclusive base roll ... they followed an improper procedure under the Tribal Constitution and laws and their decision can be vacated by the Las Vegas Paiute Tribal Courts," the decision states.

The decision also reinstated a 15th disenrolled member, Kevin Mike, who was removed by a tribal vote, and remanded the cases of the other members back to the local tribal court. While disenrolled, the former members have been unable to collect annual disbursements of about $100,000 a year from the tribe's businesses, including three golf courses.

Debra Faria, one of the disenrolled members, has alleged that she and the others were kicked out of the tribe for personal reasons and so that others could collect their annual disbursements.

"I just hope that this is coming to an end," Faria said of the dispute. "It has caused a lot of problems. It has split families and pitted people that grew up together against each other.

"Some members say I'm trying to hurt the tribe, but I'm fighting because I can't let them get away with this."

Tribal Chairwoman Gloria Hernandez was out of town Monday and couldn't be reached for comment, and tribal attorney Skip Durocher didn't immediately return phone calls to his Minneapolis office seeking comment.

Faria said that she is cautiously optimistic about the decision.

"I've become a little cynical, because this has gone on for four years," Faria said. "It just seems to bounce back and forth between the local court and the appeals court.

"There have been rulings that we thought were in our favor in the past, and we end up having to start all over again. I'm just trying not to get my hopes up."

Michael Stuhff, attorney for the disenrolled members, calls the decision a victory.

"We won," Stuhff said. "They recognize the roll, and there is no way they can keep these people out."

Stuhff said he plans to begin looking at what kind of damages should be awarded to his clients.

The case has been complicated by 60-year-old records that do not delineate if tribe members were Southern Paiutes with the required one-quarter blood standard that the council enacted in 1999.

The ruling by the appeals court states that the 1940 roll could have been corrected within one year of its creation, but after that period it became immutable.

The appeals court reinstated Kevin Mike, ruling that it went against the tribal constitution to hold a vote of the tribe for the purposes of removing a member.

The decision also mandates that Las Vegas Paiute Court Judge Greg Koppe hear and resolve the cases of the 14 remaining disenrolled members within six months if possible.

Faria said she believes the final decision will be made by the tribal chairwoman.

"She was on the enrollment committee when we were kicked out," Faria said. "The rest of the council will follow her lead, and I hope that she will decide that a mistake was made and bring this to an end."