Wampanoag court decisions now posted on Suffolk site
MASHPEE — The Mashpee Wampanoag Tribe is giving the general public a window into something that, until now, has been kept behind closed doors because of the tribe's sovereign status.
Decisions made by the fledgling Mashpee Wampanoag Tribal Court are now being posted on a website hosted by Suffolk Law School, which offers courses specializing in Indian law.
The court, established in 2009, currently hears only civil cases and meets on an as-needed basis.
More than a half-dozen cases are posted on the Suffolk website, including a decision to find that former tribe leaders Glenn Marshall, Shawn Hendricks and Desiree Hendricks Moreno defaulted in a lawsuit filed against them.
According to the decision, all three were served by a court-appointed constable, but did not respond to the suit, which seeks to recoup money that current tribe leaders allege was stolen when the three were tribal leaders. Marshall, the tribe's former chairman, served a federal prison term for embezzlement, but neither Hendricks nor Moreno, both former tribe officers, were charged criminally.
Another court case provides a glimpse into tribal government. In January, tribal council secretary Marie Stone filed suit against the tribal council, which had suspended her without pay, according to the decision posted online. No reason for the suspension is given in the posted court documents and the decision centers on whether tribal council members are protected from suit because of the tribe's sovereign status.
"The Tribal Council may not use the claim of sovereign immunity to defeat claims by tribal members under the Tribal Constitution," tribal court chief justice Henry Sockbeson ruled.
The judge made no decision on the merits of the case, just on the claim by the other tribal council members that they are protected from suit, which Sockbeson denied.
Stone could not be reached for comment.
In September, Sockbeson dismissed an appeal brought by Nellie Ramos alleging irregularities during the 2009 tribal election. He ruled that Ramos filed three years too late.
"While she challenges the adherence of the Election Committee to the requirements of the Election Ordinance, she herself has totally ignored well-settled tribal law regarding the requirement to appeal election irregularities," the judge wrote in his decision.
Reached by phone Friday, Ramos questioned the impartiality of the judge and the court. "To me it's not a court. The tribe is not getting anything out of that judge," she said of Sockbeson. "I don't like the way he's treating the tribe."
The decisions are being made public in an effort to show the general public that the tribal court operates using the same parameters as state and federal courts, Rob Mills said.
"I think it's a great idea to make these decisions public," said Mills, who is an attorney with Wynn & Wynn in Hyannis. Mills is also a tribe member and is one of three judges who have heard cases since the court began operating in 2009, though his cases have been limited by his close relationships with tribe members, he said.
"It's already a challenge instilling confidence in public that this is a legitimate court system that operates like court systems they are familiar with — so the more public we can make it, the better for everyone," he said.
There could be instances in which the tribe would require a vendor doing business with the tribe to agree to have any disagreements heard in tribal court, Mills said. It's important that the tribe be able to demonstrate that its court makes reasoned decisions based on law and that it cannot be influenced by leadership, he said. Some of the rulings by the court already demonstrate that, he said.
The joint venture with Suffolk was announced in the December issue of the Mittark, the Wampanoag newsletter distributed to tribe members and posted on the tribe's website. According to that announcement, court judges will have the ability to seal some cases that involve either minors or other confidential information. "Cases involving juveniles, Indian Child Welfare Act cases, and cases involving involuntary commitment proceedings are also closed to the public," the announcement in the Mittark states.
The decision to partner with Suffolk was made because professors and students at the law school have offered pro bono services to help the tribe set up its rules for civil procedure, Mills said. The end result is a system that's much more user friendly than the federal system, Mills said.
The court also has judges with extensive experience both in and out of tribal court systems. Sockbeson was educated at Harvard Law School and Mills graduated from Boston College Law School. A third judge, Rochelle Ducheneaux, has experience in tribal courts across the country, Mills said.
"The public needs to know that the panel is impartial and fair and they can glean that from reading the decisions," Mills said.
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