UPDATE: Jace Killsback contends he is still president despite vo - KULR8.com | News, Weather & Sports in Billings, Montana

UPDATE: Jace Killsback contends he is still president despite vote to remove him from office

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LAME DEER, Mont. -

UPDATE: Jace Killsback contends that he is still the rightful president of Northern Cheyenne Tribe after council members voted Friday to remove him from office.

Killsback contends that the Constitutional Court ruled Thursday evening that the removal proceedings are illegal because they failed to provide due process to Killsback as required under the tribal constitution and Indian Civil Rights Act, a federal statute. 

Killsback contends that the tribe's trustees such as BIA will acknowledge the ruling from the Constitutional Court. Killsback says that he did receive the Constitutional Courts ruling Thursday evening but did not receive the temporary restraining order to stop the hearing because that ruling must come from tribal court.  

Killsback states that Judge John Robinson declined to issue the restraining order due to the absence of a signed sworn affidavit. Killsback says his attorney did attempt to resubmit a motion to reconsider with the signed sworn affidavit, but that Judge Robinson had already left the courthouse by that time.

Killsback says that an appeal has since been filed with the Constitutional Court.

In the meantime, Killsback says he will continue to govern through executive orders stating that the council has no executive authority.over programs or employees.  


Council members informed the Killsback of their decision to hold a hearing last week. Killsback filed for a court injunction earlier this week, but the council proceeded with the vote anyway.

Killsback argued in his filing that the council has not specified specific examples for why the council was intent on his removal.

Councilman Dana Eaglefeathers pushed for the removal of Killsback.

Lay Advocate Robert McLean represented Dana Eaglefeathers during Friday's hearing. McLean tells KULR-8 that the council invited Killsback to the hearing with the intent of presenting complaint formally. However, Mr. Killsback chose not to attend.

Because Killsback was not in attendance McLean says the council did not specify their issues, and therefore those issues are not a matter of public record.

With Killsback now removed from office, former Vice President Conrad Fisher will serve as Interim President.

KULR-8 was able to obtain a copy of a letter written by Killsback which was sent to the Tribal Council. In the letter, Killsback informed the Tribal Council of his decision not to attend the hearing. Killsback outlined that the Tribal Council should not proceed citing a court document shared on the Northern Cheyenne's Facebook page. 

The letter also states quote:

If you decide to move forward, you will do so in violation of the laws of the Northern Cheyenne Tribe. I will not recognize the outcome of your illegal actions. The United States and our fellow tribes will not recognize the outcome of your illegal actions." 

 - L. Jace Killsback

McLean says that even with the vote Friday, the matter is not concluded. McClain says the Council was served with a pending court case Thursday evening.but was unable to elaborate further.

For now, McLean says the Tribal Government will move forward. 

This is the document uploaded to the Northern Cheyenne Facebook page Thursday.

  

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