Chairman/CEO/Judge
PAYMENT IS THE JUDGE TOO?
Now comes the less than honorable Aaron Payment. He actually thinks he is now a Judge. Embarrassed now because he used a referendum versus a Secretarial Election. Payment boldly attempts to blatantly break the Sault Tribe Constitution.
Judge Kronk a Sault Tribe Member was sworn in at 12 noon the day of the hearing. The hearing occurred that evening. http://www.umt.edu/law/faculty/kronk.htm
Professor Kronk graduated from Cornell University with a Bachelor of Science in Communication. She received her law degree from the University of Michigan Law School, where she also served on the Michigan Law Review. Professor Kronk is a member of the District of Columbia, State of Michigan and State of Montana bar associations. She is also admitted to practice in the U.S. District Court for the District of Montana.Professor Kronk is a citizen of the Sault Ste. Marie Tribe of Chippewa Indians of Michigan.
Payment when given an unfavorable legal opinion attacks those responsible for rendering their opinion based on the Constitution. In other words Payment takes the oath of Office to uphold the Tribal Constitution and in turn tries to violate it.
Who is this Mike Winnick person? Is he one of the Non-Native Attorneys that Payment and Gravelle pushed through to be a Tribal Judge? Non-Native, Non Tribal Law Schooled and interpreting Tribal Law. Good thing he resigned. Saves the Members time of getting rid of another puppet.
HOW COULD FOUR TRIBAL MEMBER JUDGES BE WRONG AND ONE NON-TRIBAL MEMBER JUDGE BE CORRECT?OUR MEMBERS NEED TO BE JUDGED BY THEIR OWN.
Sponsored by: Aaron Payment
Received on 04-03-08 at 2:48 p.m.
Posted on www.saulttribe.com on 04-03-08 at 4:50 p.m.
RESOLUTION NO: _______________
CALLING FOR INDEPENDENT INVESTIGATION OF ALLEGATIONS OF CORRUPTION, UNDUE INFLUENCE OF AN APPELLATE DECISION AND JUDICIAL MISCONDUCT RELATED TO THE RECENT APPELLATE COURT DECISION TO QUALIFY BERNARD BOUSCHOR TO RUN FOR ELECTIVE OFFICE
WHEREAS, the Sault Ste. Marie Tribe of Chippewa Indians is a federally recognized Indian Tribe organized under the provisions of the Indian Reorganization Act of 1934; and
WHEREAS, the Tribal Constitution reads:
ARTICLE VII – POWERS (of the Tribal Board of Directors)
Section 1. The board of directors shall exercise the following powers, subject to any limitations imposed by the laws of the United States and subject further to all express restrictions upon such powers contained in this constitution and bylaws:
(g) To promulgate and enforce ordinances governing the conduct of persons within the jurisdiction of the tribe, to establish a reservation court and define its duties and powers;
(n) To establish and delegate to subordinate boards, organizations, cooperative associations, tribal officers, committees, delegates or other tribal groups, any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated power or to cancel any delegation. ; and
WHEREAS, An Appeal was filed with the Tribal Appellate Court on Tuesday – March 18, 2008 seeking to qualify Bernard Bouschor to run for Tribal elective office; and
WHEREAS, just weeks prior, the Tribal Appellate Court ruled that Bernard Bouschor was not eligible to run for Tribal Elective Office; and
WHEREAS, the five (5) justices appointed to serve as Tribal Appellate justices included Chief Judge Winnick, Judge Justin, Judge Nolan, Judge Gable, and Judge Harper;
WHEREAS, Judge Kronk was not duly sworn in to serve until Monday – March 25, 2008. This was the very standard met by the seated judges before they were permitted to hear cases; and
WHEREAS, on Thursday – March 20, 2008, Ms. Kronk, not yet sworn in as judge, filed a judicial order supposedly as “Chief Appellate Judge” introducing the argument of “Bill or Attainder” which was not part of the Appellate Petitioner’s original filing but which was the very subject of the final decision allowing Bernard Bouschor to run for Tribal Elective Office; and
WHEREAS, On Thursday – March 20, 2008, Chief Judge Winnick sent communication to the Tribal Court that it was improper for Ms. Kronk to have access to pleadings in this case given she was not duly sworn in to hear such matters and that she was not in fact “Chief Appellate Judge” as her bogus order suggested; and
WHEREAS, On Tuesday – March 26, 2008 Chief Judge Winnick resigned his position from the Tribal Appellate Court given the manner in which this case was corrupted, and
WHEREAS, after Judge Winnick issued his dissenting option on the judicial findings, and after he resigned from the Court, the remaining judges changed his dissenting option –presumably to censor from the Membership Judge Winnick’s legal opinion;
WHEREAS, the Tribal Legal Department issued a communication to the Tribal Board of Directors on Wednesday, March 26, 2008 stating:
Received on 04-03-08 at 2:48 p.m.
Posted on www.saulttribe.com on 04-03-08 at 4:50 p.m.
…Judge Winnick has stated that the Bouschor II decision was a politically driven finding, and not a legal exercise, as a judicial deliberation should be.
WHEREAS, the importance of a fair and impartial judicial proceeding demands that the Tribal Board of Directors vacate the Tribal Appellate Court’s order qualifying Bouschor to run and schedule a new hearing;
NOW, THEREFORE, that the Board of Directors hereby vacates the current order and immediately schedules an Appeal Hearing, with new judges to hear this case; and
BE IT FURTHER RESOLVED, that the issue of Bernard Bouschor’s eligibility to run for office be held in abeyance in until such time that a fair and impartial judicial proceeding resolves this matter;
BE IT FINALLY RESOLVED, that an independent investigation be done to address allegations of corruption, undue influence of an appellate decision and judicial misconduct.
C E R T I F I C A T I O N
We, the undersigned, as Chairperson and Secretary of the Sault Ste. Marie Tribe of Chippewa Indians, hereby certify that the Board of Directors is composed of 13 members, of whom _____ members constituting a quorum were present at a meeting thereof duly called, noticed, convened, and held on the _____ day of ______________ 2007; that the foregoing resolution was duly adopted at said meeting by an affirmative vote of _____ members for, _____ members against, _____ members abstaining, and that said resolution has not been rescinded or amended in any way.
__________________________
Aaron Payment, Tribal Chairperson
__________________________
Lana Causley, Secretary
Sault Ste. Marie Tribe of Sault Ste. Marie Tribe of Chippewa Indians Chippewa Indians
