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PETITION

Leech Lake Band of Ojibwe Tribal Court
Emergency Petition for Temporary Restraining Order

Arthur “Archie” LaRose, Secretary/Treasurer of the Leech Lake Band of Ojibwe,

Plaintiff,

vs.

Burton “Luke” Wilson, Lyman L. Losh, and Richard Robinson, Jr., individually and as Representatives of the Leech Lake Band of Ojibwe; and Butch Dahl, Luella Novak, Kay Jackson, and Martin “Mutt” Robinson, individually and as members of the Leech Lake Petition Certification Committee,

Defendants/Respondents.

COMES NOW THE PLAINTIFF, Arthur “Archie” LaRose, the Secretary/Treasurer of the Leech Lake Band of Ojibwe, and moves the Court for an Emergency Order restraining the defendants/respondents from taking further action on the Petition for the removal/recall of Archie LaRose, and prohibiting the defendants from holding a hearing on that Petition as scheduled on December 30, 2002, until this Court has an opportunity to hear and decide the issues regarding the Petition; and further prohibiting the defendants/respondents from otherwise interfering with the duties and obligations of Archie LaRose as the Secretary/Treasurer of the Leech Lake Band of Ojibwe.

If the Court does not grant the present request for an emergency Temporary Restraining Order, Archie LaRose will suffer certain and significant irreparable harm because the defendant/respondents will likely remove plaintiff from his office as the Secretary/Treasurer at a hearing scheduled for December 30, 2002, even though said hearing is scheduled pursuant to an invalid Petition which does not have the required valid signatures under the MCT Constitution. Additionally, by removing or otherwise interfering with the duties, rights and obligations of Archie LaRose as the Secretary/Treasurer, the defendant/respondents will prevent him from performing his duties, and proceeding with the forensic audits that have uncovered evidence of misfeasance and malfeasance on the part of the current District Representatives of the RBC. If the District Representatives are successful in removing Archie LaRose from office, they could take action that will eliminate their personal liability for the problems uncovered by the forensic audit, and will take possession of the books and records of the Secretary/Treasurer with the risk that the records will be damaged, lost or destroyed.

Pursuant to Rule 41, A of the Leech Lake Band of Ojibwe Judicial Code, Title 2, Rules of Procedure, the Court may enter an Emergency Order, and pursuant to subparagraph B of that same Rule, may enter a Temporary Restraining Order, if it appears from the Complaint, a Petition, Affidavits and/or sworn testimony that irreparable harm will result without the Order. The Verified Complaint of Archie LaRose sets forth the manner in which his rights and obligations as the Secretary/Treasurer and as a member of the Leech Lake Band of Ojibwe will be irreparably harmed and damaged by the actions scheduled by the defendants, which actions are in violation of the MCT Constitution.

Because the planned effort to hold a hearing on December 30, 2002, pursuant to the Petition to remove or order the recall election of Archie LaRose, was done without the required minimum signature requirements under the 4A Petition under the MCT Constitution, Archie LaRose will suffer certain and significant irreparable harm if the present Emergency Order and Temporary Restraining Order is not granted, staying and enjoining all further action on the Petition, including the hearing scheduled for December 30, 2002, until this Court has an opportunity to review at an evidentiary hearing the Petition and the underlying facts to determine whether or not it contains the required minimum signatures required by the MCT Constitution.

A judgment entered after the removal/recall election of Archie LaRose which determines that the Petition was insufficient for his removal/recall would be ineffectual and therefore a temporary injunction is required to restrain such act until the Court is satisfied whether or not the Petition is valid under the MCT Constitution.

DATED: December 19, 2002.

By Randy V. Thompson, Attorneys for Plaintiff

[signed] Arthur LaRose, P.O. Box 370, Cass Lake, Minnesota 56633