2 ousted Ute leaders await decision on redress

FORT DUCHESNE, Uintah County — Two ousted Ute Tribe leaders will find out this week whether they have a chance at reclaiming their elected positions.

Tribal Court Judge Daniel Sam is expected to announce by Wednesday whether the court has authority to review the decision made by the four Business Committee members to remove fellow committee members Luke Duncan and Ron Wopsock from office.

If Sam rules tribal court does not have jurisdiction, the tribe's two terminated leaders may have nowhere to go for redress.

Duncan and Wopsock were forced from office on the grounds of "gross negligence" after filing a lawsuit against the Bureau of Indian Affairs for failing to oversee the dealings of the tribe's financial adviser, John Jurrius.

The lawsuit alleges that the tribe's financial resources are being "raided in broad daylight" through decisions being made by Jurrius.

Shortly after the lawsuit was filed, the two men said their four counterparts on the tribe's governing body held secret meetings to discuss their possible ouster.

Business Committee Chairwoman Maxine Natchees said the two long-time tribal leaders were expelled for going against the wishes of the people who approved Jurrius' financial plan through a referendum vote three years ago.

Attorneys for Natchees and Business Committee members Smiley Arrowchis, Roland McCook and Richard Jenks argued in a hearing last week before Sam that the tribe's constitution gives the Business Committee final authority over decisions to expel another Business Committee member.

Defense attorney Chuck Kaiser told Sam the case against his clients should be dismissed because the court lacks jurisdiction to address actions filed against sitting members of the Business Committee.

"There's no way the plaintiffs can vest the court with jurisdiction . . . we think this case is about tribal sovereignty," said Kaiser, who is a member of the same Denver, Colo. law firm that represents Jurrius.

Attorneys for Duncan and Wopsock told the judge they fully agreed the court has no legal basis to hear claims against the Business Committee, however, they submit that is not the case if Business Committee members are shown to be in violation of the tribe's own constitution and federal Indian Civil Rights Act.