CONCHO, Okla. – A Custer County judge assumed authority June 21 over the bank account for two Oklahoma tribes grappling with an extended leadership dispute.
Citing a 2008 Oklahoma case as precedent, district judge Doug Haught ruled last Thursday that although his court does not have the authority to settle the ongoing question of whether Janice Prairie Chief-Boswell or Leslie Harjo is the legitimate governor of the Cheyenne and Arapaho Tribes, it does have the authority to intercede on behalf of a non-tribal bank that is home to most of the Cheyenne and Arapaho’s money without violating the tribes’ sovereignty.
“Tribal court is not general jurisdiction,” Haught wrote in his decision. “I believe this court has jurisdiction over this account because this is a state-chartered bank and its accounts are governed by state law.”
The First Bank and Trust Company in Clinton, Okla., filed a petition in Custer County district court after receiving conflicting information as to who had signatory authority over the tribes’ account. The tribes’ bank accounts were frozen on April 24 after attempts to reach a compromise were unsuccessful.
Under the terms of last week’s ruling, the bank is forbidden to disburse any funds to either tribal government unless ordered by the court. Officials from either government attempting to withdraw funds must contact the court and the other government in writing before any removals are allowed.
“To do anything other than convert this account to a court-supervised account would be tantamount to deciding which of the rival tribal governments is legitimate,” Haught wrote. “I do not believe the court has that authority.”
Excluding the workers at their five western Oklahoma casinos, the Cheyenne and Arapaho Tribes employ about 500 people.
Boswell and Harjo ran for office and were inaugurated together in January 2010, but their alliance dissolved over a series of allegations. Since the women’s political partnership fell apart more than a year ago, each has formed her own government, claiming to be the legitimate authority over the Cheyenne and Arapaho tribes. Each maintains her own government – Boswell in Concho, Okla., and Harjo in El Reno, Okla., -- complete with separate tribal courts issuing conflicting rulings.
Boswell and Harjo could not be reached for comment at press time.
Leslie Harjo, left, and Janice Prairie Chief-Boswell ran for office and were inaugurated together in January 2010, but their alliance dissolved over a series of allegations. Since the women’s political partnership fell apart more than a year ago, each has formed her own government, claiming to be the legitimate authority over the Cheyenne and Arapaho tribes.
FILE PHOTO