Back In The Saddle Again
THE OLD GUARD IS HAUNTING US
Bouschor back on the ballot
Story created Mar 26, 2008 - 12:09:48 EDT.
Tribal Court of Appeals clears way for shot at Unit I seat
By SCOTT BRAND
SAULT STE. MARIE - Bernard Bouschor will get another chance to run for political office.
The former tribal chairman had been planning to run for the Sault Tribe Board of Directors, but a referendum and previous court decision appeared to prohibit him from participating in the process.
That all changed Tuesday when the Sault Ste. Marie Chippewa Tribal Court of Appeals ruled that a ban on Bouschor's candidacy violated the Tribal Constitution.
“All Tribal members should hail this decision because the court upheld vital constitutional doctrines designed to protect citizens from illegal government action,” said Attorney Paul Shagen representing two voters, Janet Liedel and Betty Freiheit, in court proceedings. “This case was not about Bouschor but, more importantly, involved the fundamental notion of defending collective democratic rights.”
“The ban was an illegal ‘bill of attainder' as applied to Bouschor and two other Tribal members because it deprived them of the right to seek Tribal office,” said Shagen. “The ban arose out of a purely civil matter, which remains undecided, and no defendant has been found to have done anything wrong.”
Shagen explained “bill of attainder” is a legislative act that directs punishment of a particular person without a judicial trial and is prohibited by both the U.S. and Tribal constitutions. Courts, Shagen added, have consistently found that a statute inflicts punishment if service in employment or in a position of trust is denied.
Bouschor has been embroiled in a lawsuit since leaving office almost four years ago after losing chairman position to Aaron Payment, and the current chairman expressed some dismay with the court's decision.
“The Tribe is suing Bernard for $2.66 million, Bernard is suing Greektown for over $3 million; in the eyes of the membership we voted 74 percent to not qualify Bouschor to run,” said Payment. “Seventy-four percent of the people cannot be wrong. The fear in the eyes of the membership is, if elected, he would have a vote to dismiss our lawsuit against him.”
Shagen's take on the matter was very different.
“A lot has changed in four years,” said Shagen. “Members will once again have a chance to compare Bouschor's qualifications to everyone else's. Bouschor remains extremely popular because Tribal members recognize his role and leadership in building the Tribe.”
The plaintiffs in this matter both expressed satisfaction with the Appeals Court ruling.
‘This decision is historic because this is the first time the Tribal Court has ruled a Tribal Board enactment to be unlawful, and shows that the Tribe's institutions can work if given the chance,” said Janet Liedel.
“The Tribal Board had been told many times that the ban was illegal and refused to take action, but the Court rejected Payment's effort to sweep aside the Tribal Constitution for political gain,” added Freiheit.
The Tribal Court order requires the Tribal Election Committee to certify Bouschor as a Unit I candidate.
“I am thrilled that Unit I voters will now be able to make their own choice about who represents them - we must focus on the future,” said Bouschor in a news release announcing the Tribal Court's ruling.
Conflicts run deep on tribe board
SAULT STE. MARIE — Fred Paquin is the Sault Chippewa chief of police. ... Beside Paquin, who is paid as a board member and police chief, board members ...
detnews.com/specialreports/2001/chippewa/sooconflicts/sooconflicts.htm - 15k - Cached
