Confidential
Draft Report
“Enforcement
of the Indian Civil Rights Act of 1968”
May 1990
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accordingly,
the Bureau of Indian Affairs can neither approve nor recognize the
criteria in Resolution No. 237-85. The exiting Tribal Code
provision (Chapter 1, § 4(1)[)] is equally restrictive because it
limits licensing to Band members. In these circumstances - where
there is no specifically approved tribal ordinance governing admission
to practice and the present code effectively prevents attorneys from
appearing in the Court - attorneys appearing in the Red Lake Court of
Indian Offenses will be required to meet the standards for practice
before the Department of Interior...
Next, I am also aware that the Red Lake Band has issued that Mr. Meshbesher be removed from the Reservation by Law Enforcement Services personnel. Bureau personnel are hereby directed not to enforce that removal order. [72] Nevertheless, in a case brought in 1987, Attorney Meshbesher was forced to bring a habeas corpus petition in Federal court, alleging denials of the right to counsel, the right to a jury trial and right to a speedy public trial. [73] With respect to the right to counsel, the petition alleged: Each
of the Petitioners has retained the services of Richard Meshbesher,
licensed attorney at law, to
__________ [72] U.S. Department of the Interior, Bureau of Indian Affairs, Memorandum from Earl J. Barlow, Area Director, to Superintendent, Red Lake Agency (Jan. 10, 1986). [73] Petition for Writ of Habeas Corpus, Anderson v. Schoenborne, File No. 6-87-3 (D.Minn. petition filed Jan. 5, 1987). |
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