Tribal election protest continues

The lead appellant in a case trying to overturn the results of the Tribal council primary election at Rocky Boy's Indian Reservation said Wednesday that the Chippewa Cree Tribal appellate court judge is taking arguments on the appeal.

Stacey Small, who lost in the October primary election for Rocky Boy's Business Committee, the reservation's Tribal council, said Appellate Judge Torian Donahoe denied motions by the Tribal attorneys to dismiss his appeal and set a Jan. 17 deadline to file responses to the appeal.

"It's not clear whether she's going to hear the appeal or kick it to a lower court, " Small said.

Donahoe, a Missoula attorney, was out of her office this week and not available for comment.

Tribal attorney LeAnn Montes confirmed Thursday that a Monday, Jan. 17, deadline had been set for the Business Committee and Tribal Election Board to file their response to the appellants' briefs.

She said she could not comment on any orders made so far or about the case itself.

Rusty Gopher, a 2010 council member who lost in the primary election, said Donahoe would schedule a hearing after the parties have filed responses.

"It could be months before it's over, " he added.

Small filed a complaint about the results of the primary, saying one of the candidates had been convicted of a felony offense and completed his sentence two years earlier and was not eligible to run, under Tribal election laws.

Neal Rosette, who won in the primary but lost in the general election, had been convicted of a felony charge of forging his partner's name on their business account, on which Rosette was not authorized to write checks.

The conviction and charge were dismissed after Rosette served a three-year deferred imposition of sentence without any violations of conditions of his release.

The election committee ruled that it had properly conducted background checks and no felony charges were listed on Rosette's record. It also ruled that Small had missed the deadline to file complaints about candidates, which must be filed before the primary itself.

Small filed the complaint on the day of the deadline to protest the election itself.

He appealed the election committee denial of his complaint.

One of the complaints in his appeal, Small said, was that it was a relative of Neal Rosette, chief Tribal Judge Joel Rosette, who heard the appeal and ruled against the plaintiffs.

"He's the nephew of Neal Rosette, " Small said. "He should have automatically recused himself from the case. "

Small said he never requested Joel Rosette recuse himself.

Joel Rosette could not be reached for comment by deadline this morning.

Small also said that Rosette never held a hearing and allowed the plaintiffs to present their case, relying instead on written briefs.

"He dismissed everything without giving us due process, " Small said.

The lead appellant in a case trying to overturn the results of the Tribal council primary election at Rocky Boy's Indian Reservation said Wednesday that the Chippewa Cree Tribal appellate court judge is taking arguments on the appeal.

Stacey Small, who lost in the October primary election for Rocky Boy's Business Committee, the reservation's Tribal council, said Appellate Judge Torian Donahoe denied motions by the Tribal attorneys to dismiss his appeal and set a Jan. 17 deadline to file responses to the appeal.

"It's not clear whether she's going to hear the appeal or kick it to a lower court, " Small said.

Donahoe, a Missoula attorney, was out of her office this week and not available for comment.

Tribal attorney LeAnn Montes confirmed Thursday that a Monday, Jan. 17, deadline had been set for the Business Committee and Tribal Election Board to file their response to the appellants' briefs.

She said she could not comment on any orders made so far or about the case itself.

Rusty Gopher, a 2010 council member who lost in the primary election, said Donahoe would schedule a hearing after the parties have filed responses.

"It could be months before it's over, " he added.

Small filed a complaint about the results of the primary, saying one of the candidates had been convicted of a felony offense and completed his sentence two years earlier and was not eligible to run, under Tribal election laws.

Neal Rosette, who won in the primary but lost in the general election, had been convicted of a felony charge of forging his partner's name on their business account, on which Rosette was not authorized to write checks.

The conviction and charge were dismissed after Rosette served a three-year deferred imposition of sentence without any violations of conditions of his release.

The election committee ruled that it had properly conducted background checks and no felony charges were listed on Rosette's record. It also ruled that Small had missed the deadline to file complaints about candidates, which must be filed before the primary itself.

Small filed the complaint on the day of the deadline to protest the election itself.

He appealed the election committee denial of his complaint.

One of the complaints in his appeal, Small said, was that it was a relative of Neal Rosette, chief Tribal Judge Joel Rosette, who heard the appeal and ruled against the plaintiffs.

"He's the nephew of Neal Rosette, " Small said. "He should have automatically recused himself from the case. "

Small said he never requested Joel Rosette recuse himself.

Joel Rosette could not be reached for comment by deadline this morning.

Small also said that Rosette never held a hearing and allowed the plaintiffs to present their case, relying instead on written briefs.

"He dismissed everything without giving us due process, " Small said.