Ute Tribe imposes ad rule on recalls

FORT DUCHESNE, Uintah County — A new ordinance adopted by Ute Tribe leaders makes it mandatory for anyone who wants to initiate recall proceedings on a member of the governing Business Committee to advertise their intentions for 20 days prior to gathering signatures on a recall petition.

The new ordinance also requires petitioners to advertise their reason for the recall.

Some tribal members claim the intent of the new rule is to allow the targeted Business Committee member time to shore up support from their constituents. Former Business Committee member Curtis Cesspooch contends the ordinance is actually "bypassing the constitution."

The tribe's constitution allows recall petitions to be brought without any prior notification and without giving a reason for wanting an elected leader ousted.

"This would be just like Congress passing a law that says you have no right to assemble or have free speech," he said.

Cesspooch questions whether anything will be done to remedy what he believes is an illegality because the tribal court has denied jurisdiction when tribal members take legal action against their elected officials.

"When the tribal court and the federal court don't help you, where can you go?" said Cesspooch.

Elected officials are protected from court action under the doctrine of tribal immunity from suit.

The first Business Committee member targeted in a recall under the new ordinance is Richard Jenks Jr., who represents Uncompahgre band members. In their "notice of intent to circulate a recall petition," aggrieved band members said they want Jenks out of office because he refused to accept a recall petition against Business Committee chairwoman Maxine Natchees on Nov. 5, 2003.

Since their failed attempt to submit a recall petition on Natchees, her constituents apparently have not circulated a second petition.

Band members wanted Natchees recalled two years ago because of her involvement in the ousters of Business Committee members Luke Duncan and Ron Wopsock. The two men were removed by their fellow Business Committee members for allegedly disregarding the outcome of a referendum vote in favor of following a financial plan outlined by finance director John Jurrius. Prior to their removal from office, Duncan and Wopsock filed a lawsuit against the Bureau of Indian Affairs claiming the federal agency was not sufficiently monitoring Jurrius' spending of tribal funds.

Recall petitions must contain the signatures of at least one-third of the eligible voters of the targeted Business Committee member's band. If enough signatures are validated a recall election will be held.

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