Judges with the Osage Nation Judicial Branch pose for photos with Principal Chief Jim Gray after getting sworn into office on July 7. Photo by Chalene Toehay/Osage News

By Benny Polacca
Osage News

Osages elected or re-elected into public office took their oaths July 7 during the three inauguration events held in Pawhuska for the Nation’s four Judicial Branch judges, the Second Osage Nation Congress and the Second Osage Minerals Council.

The day kicked off with the swearing in of the tribal court’s four judges at the Osage Nation Courthouse. All were retained by majority votes in the Nation’s June 7 election after serving their initial terms when the reformed government started in 2006.

Osage Nation Supreme Court Justice Charles Lohah was first to take the oath of office. He was sworn in by colleague Jeanine Logan who is also an associate justice for the Supreme Court. After Lohah took his oath, he swore in Logan; Supreme Court Associate Justice Meredith Descygnes Drent and Marvin Stepson who is the Nation’s Trial Court Justice.

Principal Chief Jim Gray spoke during the Judicial Branch inauguration held at the Tribal Court Building in which he noted the importance of the Nation’s 2006 Constitution which was passed when he began his second term in office. He will step down as principal chief next month after the new principal chief and assistant principal chief are elected in the runoff election July 19 and take their oaths of office on Aug. 4.

“In the Constitution, it’s important that we understand a couple of things,” Gray said in his remarks. “One is that the laws matter, rules matter and the rule of law says something very important that we should all take time to reflect on as we go through (the three inauguration events) today and that is that all people are subject to the rule of law of the Osage Nation. This includes even those who make the law and those who enforce the law . . . no one is above the law. This is important because for well over 100 years, the Osage Nation did not have the rule of law – at least something not of our creation.”

“In this Constitution we have checks and balances, three separate co-equal branches of government,” Gray said. “The ‘co-equal’ means that one branch is not more powerful than the other, that they are co-equal in governance. This is very important because what that does is ensure, through this Constitution, that the concentration of powers is not going to fall under one branch of government over the others.”

After the justices were sworn in, Gray put personalized Pendleton blankets on each of the judges as gifts.

Next, the Legislative Branch inauguration event kicked off with honoring the First Osage Nation Congress before the six elected Congresspersons took their oaths of office to form the Second Osage Nation Congress.

“What our (three branches of government) have accomplished together in the last four years through our own ingenuity, our own successes and disappointments, our own disagreements and our own unwavering belief in our cause, has resulted in progress in self-governance that rivals and exceeds many Nations across the world – for that, we should all be proud,” said Congresswoman Shannon Edwards who gave opening remarks.

“As we begin the next chapter in our Constitutional government, I hope that the past has taught us to be aware of negative forces that cripple our progress, blind jealousy, greed and mistrust sometimes exist and when they overtake reason and rational thinking, the result is missed opportunity,” Edwards said. “If the branches of our government are unable to communicate, work together, we cannot advance as a Nation. If a bill cannot be judged on its merits, the past is based on settling an old score or solely upon the motive of someone, we fail to be good legislators. But the way around this is clear: follow the dictates of the document we swear to uphold, the Osage Constitution. This truly is the only important guide to the decision making which we will be making in the future.”

Edwards then challenged officials in all three branches of government to work together, respect each other’s branches and “to support sound initiatives and growth that will sustain us in the future.”

Supreme Court Associate Justice Drent swore in Congress members Daniel Boone, John Free, Alice Goodfox, and Geoffrey Standing Bear who were elected for their initial four-year terms June 7. Raymond Red Corn and William “Kugee” Supernaw were also sworn in for their second Congressional terms.

A portrait of the First Osage Nation Congress was also unveiled at the event. The Second Osage Nation Congress members were presented with personalized Pendleton blankets and the First Osage Nation Congress members were presented with plaques.

The eight members of the Second Osage Minerals Council were sworn in by Supreme Court Associate Justice Logan. Cynthia Boone was sworn in for her second term along with first-term council members Joseph B. “Sonny” Abbott Jr., Curtis Bear, Melvin Core, Galen Crum, Myron Red Eagle, Andrew Yates and Dudley Whitehorn.

All Osages taking the oath of office July 7 raised their right hand and swore on the following pledge:

“I (state your name), do proudly swear or affirm to carry out the responsibilities of (the office elected to) to the best of my ability, freely acknowledging that the powers of this office flow from the Osage people and Wa-Kon-Tah. I further swear or affirm always to place the interests of all Osages above any special or personal interests and to respect the rights of future generations to share the rich, historic and natural heritage of our Osage people. In doing so, I will always uphold and defend the Constitution of the Osage Nation, so help me God.”

Attendees watch the swearing in of the judges for the Osage Nation Judicial Branch on July 7. Photo by Chalene Toehay/Osage News

Osage Nation Supreme Court Chief Justice Charles Lohah signs papers after taking the oath of office on July 7. Photo by Chalene Toehay/Osage News

Osage Nation Supreme Court Associate Justice Meredith Drent takes the oath of office on July 7. Photo by Chalene Toehay/Osage News

Osage Nation Trial Court Judge Marvin Stepson takes the oath of office on July 7. Photo by Chalene Toehay/Osage News

Osage Nation Supreme Court Associate Justice Jeanine Logan. Photo by Chalene Toehay/Osage News

Osage Nation Principal Chief Jim Gray speaks during the Inauguration of the judges for the Judicial Branch on July 7. Photo by Chalene Toehay/Osage News

Osage Nation Supreme Court Associate Justice Jeanine Logan. Photo by Chalene Toehay/Osage News

Osage Nation Supreme Court Chief Justice Charles Lohah. Photo by Chalene Toehay/Osage News

Osage Nation Supreme Court Association Justice Meredith Drent. Photo by Chalene Toehay/Osage News

Audience members gathered for the Second Osage Nation Congress Inauguration on July 7. Photo by Chalene Toehay/Osage News

Congressman Eddy Red Eagle Jr. (front) watches the Second Osage Nation Congress Inauguration with members of the First Osage Nation Congress on July 7. Photo by Chalene Toehay/Osage News

Congresswoman Debra Atterberry receives a plaque for serving on the First Osage Nation Congress from Congressional Attorney Loyed Gill on July 7. Photo by Chalene Toehay/Osage News

Congressman Mark Freeman steps down from the stage after receiving a plaque for serving on the First Osage Nation Congress during the Inauguration of the Second Osage Nation Congress on July 7.

Congressman Doug Revard shakes hands with Congressional Attorney Loyed Gill at the Inauguration for the Second Osage Nation Congress on July 7. Photo by Chalene Toehay/Osage News

Congresswoman Faren Revard Anderson unveils a portrait of the First Osage Nation Congress at the Inauguration for the Second Osage Nation Congress on July 7. Photo by Chalene Toehay/Osage News

Congressman-elect John Free takes the oath of office during the Second Osage Nation Congress Inauguration on July 7. Photo by Chalene Toehay/Osage News

Congressman-elect Geoffrey Standingbear takes the oath office during the Second Osage Nation Congress Inauguration on July 7. Photo by Chalene Toehay/Osage News

Congressman William Supernaw takes the oath of office during the Second Osage Nation Congress Inauguration on July 7. Photo by Chalene Toehay/Osage News

Congressman-elect Daniel Boone poses with Congresswoman Faren Revard Anderson during the Second Osage Nation Congress Inauguration on July 7. Photo by Chalene Toehay/Osage News

Congresswoman-elect Alice Goodfox poses with Congresswoman Faren Revard Anderson at the Second Osage Nation Congress Inauguration on July 7. Photo by Chalene Toehay/Osage News

Osage Nation Congressman Raymond Red Corn poses with Congresswoman Faren Revard Anderson after she presents him with a certificate at the Second Osage Nation Congress Inauguration on July 7. Photo by Chalene Toehay/Osage News

Congresswoman Jerri Jean Branstetter addresses the audience during the Second Osage Nation Congress Inauguration on July 7. Photo by Chalene Toehay/Osage News

The second Osage Nation Congress poses for a photo after the six newly elected Congressional members take the oath of office July 7. Photo by Chalene Toehay/Osage News

Joseph B. Abbott takes the oath of office as Osage Minerals Councilman on July 7. Photo by Chalene Toehay/Osage News

Curtis Bear takes the oath of office as an Osage Minerals Councilman on July 7. Photo by Chalene Toehay/Osage News

Cynthia Boone takes the oath of office for her second term on the Osage Minerals Council on July 7. Photo by Chalene Toehay/Osage News

Myron Red Eagle takes the oath of office as an Osage Minerals Councilman on July 7. Photo by Chalene Toehay/Osage News

Audience members watch the Inauguration of the Osage Minerals Council on July 7. Photo by Chalene Toehay/Osage News

Osage Minerals Councilman Melvin Core shakes hands with Supreme Court Associate Justice Jeanine Logan during the OMC Inauguration on July 7. Photo by Chalene Toehay/Osage News

Newly elected Osage Minerals Councilman Galen Crum shakes hands with Jeanine Logan during the OMC's Inauguration on July 7. Photo by Chalene Toehay/Osage News

Newly elected Osage Minerals Councilman Dudley Whitehorn shakes hands with Supreme Court Associate Justice Jeanine Logan during the OMCInauguration on July 7. Photo by Chalene Toehay/Osage News

Newly elected Osage Minerals Councilman Andrew Yates shakes hands with Associate Supreme Court Justice Jeanine Logan during the OMC Inauguration on July 7. Photo by Chalene Toehay/Osage News

Newly elected Minerals Council members take a group photo on July 7 in the Congressional Chambers in Pawhuska. Photo by Chalene Toehay/Osage News

By Shannon Shaw
Osage News

The Osage Nation Supreme Court has decided its first case and has ruled in favor of the Osage Nation Congress.

“We’re delighted,” said Osage Nation Congressional Speaker Archie Mason. “I know that it was a first time experience, a historic event as well for the Supreme Court to render their first decision and again, it was just a good feeling to be a part of something for the first time and we in congress are just elated and feel very good that the court ruled in our favor and we’ll proceed from there.”

The Supreme Court, in its 12-page opinion filed Dec. 11, didn’t rule on the constitutionality of the Independent Press Act of 2008, but whether or not Osage Nation Principal Chief Jim Gray, or any subsequent chief, has the right to sue the Osage Nation Congress over the constitutionality of a law without successfully showing an injured party. The Supreme Court ruled he did not, reversed the decision of the lower court and gave instructions to the lower court to dismiss Gray’s suit for lack of jurisdiction.

The opinion, delivered by Supreme Court Justice Meredith Drent, came nearly four months after the Supreme Court met for the first time August 19. The Supreme Court has three justices; Drent, Chief Justice Charles Lohah and Justice Jeanine Logan.

Gray alleged that by being forced to sign the Independent Press Act he would be “violating his oath by executing a law he believes is unconstitutional.” Such an injury, according to the opinion, is institutional in nature to the office of the chief and was not a personal injury. The opinion also said that Gray doesn’t decide what laws are constitutional, that power is vested in the judiciary.

“To allow the type of injury alleged by Chief Gray to be judicially cognizable would be to authorize the Principal Chief, and conceivably any member of the Executive branch, to refuse to execute, administer or enforce a law because they believed the law was unconstitutional, without asserting more,” according to the opinion. “It would open the doors to any member of the Executive to file a claim requesting an opinion on the constitutionality of any given law.”

Gray alleged in his suit, filed July 14, 2008, ONCA 08-07 the Independent Press Act, written by Congresswoman Faren Anderson and passed into law by the congress after a veto override, attempted to regulate the structure and the content of the Osage News and that the act would also leave the Osage News subject to legislative control through its appropriation power. The lower court ruled in favor of the chief and ruled the act null and void.

Congressional Speaker Archie Mason filed an appeal seven days after the judgment was made, followed the court’s rules of filing an appeal and filed a Post-Judgment Motion to Intervene and the motion was denied by the trial court as untimely filed. Mason then filed an Amended Petition in Error to include the court’s denial of the motion to intervene as grounds for appeal. According to the Supreme Court opinion, Mason had 30 days to file the appeal, and having done so seven days after the judgment was made, filed in a timely manner. The Supreme Court’s opinion instructed the lower court to reverse the lower court’s denial of his appeal.

“I am disappointed that the Supreme Court has chosen to adopt the use of ‘standing’ and ‘case and controversy’ doctrines. These legal requirements have been developed over many years and many cases by federal and state courts as a means of reducing their case loads,” Gray said in a statement. “It was my hope that our court would play a larger initial role in resolving conflicts and defining the authority of the branches of our newly reorganized constitutional government.”

What does this mean for the Osage News?

Since the lower court’s ruling has been reversed, the Independent Press Act has been made into law and establishes an Editorial Board that will be made up of three qualified journalists. The law dictates that the principal chief will appoint a member to the board; the congress appoints one member to the board and the two appointed will select the third. The board will also have the job of appointing an editor for the Osage News.

The Supreme Court’s opinion did not address whether or not ONCA 08-07 was constitutional but said that the Editorial Board or a member of the Osage News staff could seek recourse if they feel the newspaper’s independence is in jeopardy.

“In the future, should such an event occur, the newspaper may have the opportunity to seek recourse,” said the opinion. “Similarly, there could be available recourse to address constitutional defects in the Act should the newspaper’s editorial board or staff find that it impairs or infringes on the newspaper’s independence.”

The Osage Nation Supreme Court is located in the Osage Nation Police Department building. Photo by Shannon Shaw/Osage News

By Benny Polacca
Osage News

The Osage Nation Supreme Court met for the first time in the history of the nation Wednesday to hear arguments over a free press for the Osage people.

The Nation’s high court is deciding the constitutionality of a 2008 bill that was challenged by Principal Chief Jim Gray. He vetoed the 2008 Independent Press Act but Congress overturned Gray’s veto. The chief asked the Nation’s district court to intervene, and it upheld the chief’s position. Speaker Archie Mason, acting on behalf of Congress, appealed the case to the Supreme Court earlier this year.

Loyed Gill, attorney for the Nation’s Congress, told the three justices that Gray “filed a suit against no one” when he sought the lower court’s ruling on the bill after Congress overturned his veto. Gray asked the court to intervene because he believes the bill is unconstitutional because it “attempts to regulate the structure and content of the Osage News and therefore abridges the freedom of the press,” according to his April 2008 veto message.

“When this suit was brought, Chief (Gray) did not mean for it to be a fight between the (executive and legislative) branches,” said O. Joseph Williams, the attorney representing the chief’s office in this case. “The sole purpose was to have the judicial branch interpret the law under tribal constitution.”

Gill and Mason are asking the high court to uphold the Nation’s constitution with regard to legislative powers amid the principal chief’s power to veto legislation. “The courts should not be a forum for appeal of legislation by elected officials simply because the constitutional process did not produce the results they desired,” Gill told the court.

Justice Jeanine Logan asked Gill why Congress wanted to pursue the 2008 free press bill. Gill said the Osage News is a publication under the Executive Branch that Congress believed was “slanted toward (the Executive) branch. This bill would allow free press, allowing all participating government branches” fair coverage, Gill said.

Justice Meredith Drent asked Williams why the newspaper’s Editorial Board (called for in the free press act) did not file the suit instead of Gray. Williams replied that the board was “not structured” when the situation happened.

Logan referred to a section of the bill giving the Editorial Board duties including “to establish and enforce an editorial policy that will be fair and responsible in the reporting of general news, current events and issues of Osage concern…” and asked if the bill would be fine if the language was removed. Gill said the bill would be fine, but Williams said no.

The bill’s section concerning the Editorial Board was brought up because a portion of the lower court’s decision touched on the board’s duties. According to that court’s written decision finding the bill unconstitutional, the bill “establishes a newspaper operated by (the board) whose structure is determined by the Act, and who is duty-bound to report on matters that are pre-determined and regulated by and through the act.”

The lower court decided that the bill would also remain unconstitutional if any portions of it were removed. Williams, of Norman, Okla.-based Pitchlynn and Williams law firm, cited the bill’s section on appointing the three-member Editorial Board, which calls for the Executive Branch to appoint one member, Congress to appoint a second and those two members to appoint the third member.

According to the court documents filed by Pitchlynn and Williams, the Appointment Clause of the Nation’s Constitution “vests the power to appoint executive staff solely with the Principal Chief. By removing the power of the Chief to appoint two board members, Congress intrudes into a function reserved exclusively to the Executive Branch of government.”

Also at issue in the case is whether federal law should be followed if a similar law is not available under tribal law. Williams argued in court papers that the lower court ruling that found in favor of Gray correctly decided the Sept. 11, 2008 case based on interpretation of the Osage Constitution and not the U.S. Constitution.

“When I’m in federal court, I apply those laws. When I’m in tribal court, I apply those laws,” Williams said. Gill countered in court papers saying the Nation’s Judicial Branch has a civil procedure code, which states: “In all civil actions, the court shall apply any laws of the United States that may be applicable…”

Drent asked Williams if he could cite a tribal case decided solely on tribal law and he referred to one case decided in the Chickasaw Nation court system. When asked for more examples by Drent, Williams said he would have to file additional documents to cite other cases.

Gill and Williams addressed the justices on behalf of their clients. Mason and Executive Branch officials did not speak during the hearing.

Chief Justice Charles Lohah thanked the attorneys for “interesting and enlightening arguments. We will issue our opinion in writing,” he said before adjourning the 90-minute court session just before 3 p.m.

It’s unknown when the justices will issue a decision.

The Osage Nation Supreme Court is located in the Osage Nation Police Department building. Photo by Shannon Shaw/Osage News

By Benny Polacca
Osage News

The Osage Nation Supreme Court convenes to hear its first-ever case Wednesday, when attorneys for the legislative and executive branches present oral arguments about the constitutionality of a 2008 bill involving the Osage News.

Opening arguments are scheduled for Wednesday at 1:30 p.m., according to Carol McIntire, clerk of the Nation’s courts. Chief Justice Charles H. Lohah and Justices Jeanine Logan and Meredith Drent will hear the Supreme Court’s first case in the Nation’s courthouse in Pawhuska.

At issue is the constitutionality of the 2008 Independent Press Act passed by the Nation’s Congress but vetoed by Principal Chief Jim Gray. Congresswoman Faren Revard Anderson, who sponsored the bill, said it sought to ensure a fair, more balanced tribal media.

Gray, however, said the bill “attempts to regulate the structure and content of the Osage News and therefore abridges the freedom of the press.” In his April 14, 2008, veto message, the chief also objected to funding provisions in the bill stating: “The press can never be free or independent if the funding to support it is subject to legislative appropriations and it is established by Congress.”

Congress overrode Gray’s veto, the chief asked the Nation’s district court to intervene, and it upheld the chief’s position. Speaker Archie Mason, acting on behalf of Congress, appealed the case to the Supreme Court earlier this year.

At the Aug. 19 hearing, both sides will receive 90 minutes to give their arguments and responses, said Loyed Gill, attorney for the Nation’s Congress. The Norman-based law firm Pitchlynn and Williams, PLLC will represent the Executive branch.

“We are delighted that the Supreme Court will be hearing the case,” Speaker Mason said in a prepared statement Aug. 12. “We remain hopeful that the law will ultimately fall on the side of the Osage Congress.”

A second free press bill was introduced during the Congress’s Hun-Kah session earlier this year. The legislation called for moving the Osage News from the Executive office to the management of an independent non-profit organization. The bill was tabled in an April 2 congressional committee meeting pending the outcome of the Supreme Court case.

Also at issue in the case is whether the chief has the power to challenge a bill after Congress has overridden his veto, according to Congressman William “Kugee” Supernaw. He said in April that the dispute has become “an issue of whether or not we’re going to set the precedent of allowing the executive branch to appeal or challenge every bill that we override.”

Gray, Mason and Gill say it’s unknown how long the Supreme Court will take to issue a ruling.

Gray announced the Aug. 19 hearing date during a panel discussion at the Native American Journalists Association’s annual convention in Albuquerque, N.M. The chief, Osage News interim editor Shannon Shaw and Editorial Council member Denny McAuliffe discussed the controversy surrounding the tribal newspaper on an Aug. 1 panel called “Free Press in Indian Country: How to Set Up a Tribal News Outlet in the Modern Era.”