“Enforcement of the Indian Civil Rights Act of 1968”
| A little more
than a month later, BIA Area Director Earl J. Barlow wrote to Chairman
Jourdain and advised him that he could not disregard the directives
contained in the Elbert memorandum.  He then sent a
memorandum to the Superintendent of the Red Lake Agency,  advising
him that private attorney Richard Meshbesher intended to enter an
appearance before the Red Lake Court. With respect to the
tribal order to remove Meshbesher from the reservation, Barlow
instructed the Red Lake superintendent to ignore the order:
As indicated in my December 27, 1985 letter to Chairman Jourdain, it is the position of the Bureau of Indian Affairs that defendants have a right to counsel, including attorneys, in the Red Lake Court. Although Tribal Resolution 237-85 has established criteria for purposes of admission to practice before the court, the criteria are so restrictive that it is a virtual certainty that no professional attorney could qualify for admission to practice. Imposition of those criteria would have the effect of denying the right to counsel and,__________
 Letter from Earl J. Barlow, Area Director, Bureau of Indian Affairs, U.S. Department of the Interior, to Roger A. Jourdain, Chairman, Red Lake Tribal Council (Dec. 27, 1985).
 U.S. Department of the Interior, Bureau of Indian Affairs, Memorandum from Earl J. Barlow, Area Director, Office of the Area Director, to Superintendent, Red Lake Agency (Jan. 10, 1986).
 Meshbesher had previously brought suit in Federal court to terminate Federal funding of the Red Lake Court as a means of instituting reforms.