Tribes received internal notes from attorney general’s office

Friday, July 15, 2005 | 10:02 a.m.

PETOSKEY, Mich. -- The state attorney general's office mistakenly sent lawyers for northern Michigan Indian tribes documents with internal notes related to a lawsuit over withheld casino revenues.

The state has sued the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians, both of which stopped paying 8 percent of their electronic gambling revenues to the state.

The tribes had been making payments as called for under compacts with the state. But the tribes say that deal was broken in October 2003 when the Michigan Lottery introduced its Club Keno game.

Attorney General Mike Cox's office mistakenly sent tribal lawyers documents that included internal notes related to the state's legal strategy, the Traverse City Record-Eagle reported. Tribal attorneys deleted the notes and notified the state, "consistent with applicable legal and ethical standards," Little River Band spokesman Glenn Zaring said.

He said the tribes can't use the notes to further their case.

Allison Pierce, a Cox spokeswoman, said the tribes were ethical in deleting the notes.

The Michigan Economic Development Corp. is suing the tribes in federal court along with the attorney general's office.

"We are very upset that this happened," said James Lancaster, MEDC's general counsel.