Statement by Melanie Benjamin

This just in:
A press release has been issued for immediate release on behalf of Melanie Benjamin of the Mille Lacs Band of Ojibwe. I have posted it here in its entirety. It was written by or on behalf of Melanie Benjamin. I did not write it. But I believe firmly in freedom of speech. Benjamin is entitled to this freedom of speech.


BENJAMIN WILL HAVE DAY IN MILLE LACS TRIBAL COURT

Onamia, MN – Despite the efforts of a Band attorney, Melanie Benjamin will in fact have her day in court at a public hearing set for 8:30 a.m. on Monday, October 13, 2008. A judicial panel is scheduled to hear arguments about why proceedings removing her from office as the Band’s Chief Executive on October 8 were illegal. Benjamin was just re-elected in June, 2008, with 60% of the vote.

In a meeting with Solicitor General Rjay Brunkow in his office on September 30, Benjamin and Brunkow discussed Legislative Branch plans to hold an October 8 hearing to remove Benjamin from office. When Benjamin asked about her right to due process, Brunkow stated, “You are not entitled to due process. This is the end of the road.”

“I was stunned,” said Benjamin. “As tribal leaders, much of our time is spent dispelling myths out there that constitutional protections and civil rights don’t apply in Indian country. And here was the lead attorney for the Band who is supposed to know something about the law telling me that I had no right to due process.” Benjamin has denied any wrong-doing.

Attorney Bill Gardner, who served as Counsel to the Chief Executive, was in the room with Benjamin. “What he said was so astonishing I couldn’t believe he was serious.” Gardner questioned Brunkow regarding procedural due process and protection of property interests, insisting Band laws required a minimum amount of fairness in any hearing. “He insisted that the Chief was not entitled to due process. He made clear that when the decision was made by her accusers, that was the end of the road for her.”

Gardner said when it became obvious Brunkow wouldn’t change his mind, they notified Brunkow they would proceed to court.

Court Order Ignored
The Band Assembly had circulated a petition calling for the removal of Benjamin citing several accusations. Benjamin has denied the accusations. A legislative hearing and vote of Band Assembly was scheduled for 10:00 a.m. on October 8, 2008.

Prior to the hearing, Chief Justice Alvina Aubele of the Court of Central Jurisdiction issued a stay delaying the proceedings until constitutional protections could be assured. In a move that startled the Minnesota Indian legal community, the Band Assembly chose to ignore the court order, buoyed by Brunkow’s extraordinary assurance that Band Assembly was above the law and the court had no authority over them. Brunkow has attempted to defend his claim in a recent interview with the Mille Lacs Messenger (October 8, 2008, Mille Lacs Messenger).

Many experts are concerned about the legal implications of this move and the message being sent to tribal members and the outside public. “This is now a crisis of constitutional proportion. The legal process should be allowed to play out. We don’t just take the law into our own hands,” said Jay Kanassatega, of Leonard Street and Deinard, who helped write the Statutes in the 1980’s.

Benjamin is saddened to see decades of work positioning the Band as a progressive tribal government undone. “There are people, elders, who spent years working on the separation-of-power system of government we have in place at Mille Lacs and they’re in shock. If the Chief of the tribe has no due process, what about the average Band Member? How are Band Members to go into tribal court and show respect for our court’s decisions when they know the Band’s own lawyer and elected officials don’t show the same respect?”

The public hearing will take place at 8:30 a.m. on Monday, October 13, 2008, in tribal court chambers on the Mille Lacs Reservation.

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