PONCATRIBE OF NEBRASKA TRIBAL COURTS NORTHERN PONCAHOUSING AUTHORITY ) CIV: Plaintiff, ) ) AMICUS CURIEA V. ) BREIF ) JEWEL PICOTTE ) Defendant ) Robin Bair am the Plaintiff on CIV; 14-33 and my mailing address I wish to provide to the Courts is P.O. Box 34, Wagner South Dakota, 57380. I declare the following: 1. That jurisdiction with the Ponca Tribal Courts is proper because of the following: That Jewel Picotte was unrepresented fairly and Mr. Bair is advancing the legal arguments on her behalf, Robin Bair is requesting as a friends of the Courts and AMICUS CURIEA BRIEF, that Jewel Picotte has not been dealt with fairly on the above case matter. There are now public safety issue at hand, the NPHA is putting Jewel and young babies out on the streets in the middle of a Monster Snow Storm Conditions. That there are points of law that are in doubt and Mr. Bair has raised awareness about some aspect of the case that the court has missed and a the matter of CIV: 14-33 Complaint has been filed against individuals members of the Ponca Tribe legislative branch questioning Violation of the Tribes Constitution and Ethics Code on the subject of Conflict of Interest regarding Immediate family members receiving special privileges and Acting Outside the Scope of Authority. Mr. Bair is requesting to inform the court about narrower issues, such as the competency of the NPHA; or the correct procedure for completing the eviction of Jewel Picotte and evidence that a case is collusive or fictitious, that the NPHA are not being honest with the court about their reasons for being there is a personal vendetta against Jewel Picotte and other Tribal members refusing them housing and violating their DUE PROCESS RIGHTS. A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away ones life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, Arbitrary, or capricious. History Homeland The Ponca Tribe of Nebraska is one of four tribes considered indigenous to Nebraska with the other three—the Omaha, Santee Sioux, and Winnebago—possessing reservations. Historically, the Ponca are believed to have been part of the Omaha Tribe, having separated by the time Lewis and Clark came upon them in 1804. At that time, they were situated along Ponca Creek, in Knox County, near present-day Verdel. They lived in earth lodges, were primarily horticulturists, but also made seasonal hunting trips. They were on such a trip when Lewis and Clark came upon their village. Although the tribe’s exact origin is unknown, some scholars believed the Ponca migrated from an area along the Red River near Lake Winnipeg. However, by the early 1700s, the warring Sioux had forced them to relocate to the west bank of the Missouri River. Size The Ponca were never a large tribe. The tribe’s probable size in 1780 was estimated at 800. By 1804, largely because of smallpox, their numbers dwindled to around 200. By 1829, their population had increased to 600 and by 1842, to about 800. In 1906, the Ponca in Oklahoma numbered 570 and those in Nebraska, 263. The census of 1910 listed 875 Poncas, including 619 in Oklahoma and 193 in Kansas. By 1937, the Ponca population reached 1,222 with 825 in Oklahoma and 397 in Nebraska. Today, the Ponca Tribe of Nebraska alone numbers close to 3,500. Trial of Chief Standing Bear A very significant moment in the Tribe’s history was the “Trial of Standing Bear” in 1879. It was at this time that the Ponca were forcibly removed from their homeland in northeastern Nebraska and marched to Indian Territory in Oklahoma. Many died along the way, including Standing Bear’s daughter, and, upon arrival, his son would also die. Promising to honor his son’s dying wish to be buried in his homeland, Standing Bear and a small band of his men began the arduous journey home to bury his son. They realized that they were doing so in defiance of orders not to leave the reservation. They were soon arrested and about to be returned to Indian Territory when their plight was publicized in the Omaha Daily Herald. Standing Bear was held for trial at a fort near Omaha. The outcome was that the Indian was declared a “person” according to law, and that Standing Bear and his followers were free to return to their homeland. However, as all of the Tribe’s land had been taken from them, they had no home to return to. Eventually, 26,000 acres in Knox County would be restored to them. Today, a bust of Standing Bear sits in Nebraska’s State Capitol Hall of Fame, honoring him for his efforts on behalf of Native American Rights. Termination Ironically, as late as 1966, the Ponca would, yet again, be considered “persona non-grata” when the United States government, in its infinite wisdom, terminated the Tribe. The policy of terminating tribes began in 1945. This policy affected approximately 109 tribes and bands and almost 1.5 million acres of trust land. In 1962, Congress decided that the Northern Ponca would be one of the tribes terminated. Thus, by 1966, the tribe’s termination was complete. The termination removed 442 Poncas from tribal rolls. In effect, this meant that not only did the Ponca no longer exist but also that their remaining land and holdings were dissolved. It was not until 1990, almost a quarter of a century later, that the Ponca would, once again, gain federal recognition. However, in the interim, much of the Tribe’s cultural heritage would be forever lost. Restoration The Ponca Tribe of Nebraska is structurally unlike any other Tribe in Nebraska. This uniqueness made the Tribe embark upon a vigorous program of educating and lobbying state and federal legislator officials to ensure that its membership receive all the benefits and programs that the status as a federally recognized Tribe of Indians implies. The Ponca Tribe of Nebraska is one of the most successful Tribes in Indian Country when it comes to effective lobbying and passage of favorable legislations and administrative policies. The Tribes Legislative process developed in the days before its actual restoration. Even though Congress recognized that termination was a failed policy, it required that each terminated tribe bear the burden of individually petitioning for the reversal of that status. Congress established six Administrative Criteria that all terminated Tribes had to satisfy for restoration. The Northern Ponca Restoration Committee was founded for this purpose in 1986-87. Nearly all of the terminated Tribes had been restored by this time, except the Northern Poncas. The experiences of restored tribes in Oregon suggested the value of securing state recognition from the Nebraska Unicameral before approaching the US Congress. In 1988, the Tribe successfully lobbied the Nebraska Unicameral to grant their “state recognition” and secured an endorsement to support a quest to become a federally recognized Tribe. Support was also sought, and granted, by various local and Tribal Governments, as well as Indian non-profit organizations. By 1989, the Northern Ponca Restoration Committee drafted language for Federal Restoration of the Northern Ponca Tribe. The first challenge was to secure a member of the Nebraska Congressional to sponsor the legislation. In 1989, Senator J. James Exon and Senator Bob Kerry agreed to introduce and sponsor the “Ponca Restoration Act” in the United States Senate. Achieving this same support in the House of Representatives proved to be much more difficult. In fact, the original Ponca Restoration Act was opposed by the Tribes “home” district representative. There was a concern that the Poncas would one day choose to re-establish a reservation in northeastern Nebraska. Once language was added to the bill to specifically deny the Ponca Tribe the ability to establish a reservation the bill passed unanimously. The process was completed on October 31, 1990, when then President George Herbert Walker Bush signed the Ponca Restoration Act into law. The Ponca Tribe of Nebraska is the name used to describe the Northern Ponca Tribe after the Tribe was officially restored in 1990. Jewel Picotte is a descendant of Chief Standing and has lived in her home for 20 years as a traditional and terminated people we have endured terminations only to be put out in the middle of winter as our ancestors did and enduring the Ponca Trail of Tears. It is also known fact that NPHA waived regulations and even redistricted the whole tribe’s service area so that a member of their immediate family could get a house outside the tribe’s service area. This courts actions to evict Mrs. Picotte in the middle of winter poses a real threat to the while being and safety of young babies in the home. There are also other matters before the courts that must be resolve and request for injunctive relief, which questions the Tribe no exception to the rule stand. You cannot administer laws that the Tribal Officials are unwilling to follow are uphold themselves. Inclosing Mr. Bair request that the courts hold off any Evictions until CIV: 14-33 is adjudicated saving the courts and Tribe time and money I declare under penalty of perjury that the foregoing is true and correct to the best of my ability. Date this________ day of ______________________, 2014 ________________________________ Robin Bair Filed in the Ponca Tribal Courts this________ day of ______________________, 2014 _________________________________ Ruthanne Gallup Tribal Court Administrator
Posted on: Wed, 12 Nov 2014 19:03:05 +0000
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