ROBERT L. RABON, #13523

RABON, WOLF & RABON

402 E. Jackson P.O. Box 726

Hugo, OK 74743

(580) 326-6427

No. CIV 98-011 -S

DRY, et al.,

Petitioners,

Vs.
CHOCTAW CFR COURT, et al.,

Respondents.

In accordance with this Court's minute order dated April 13, 2000, Respondent would submit this supplemental brief addressing those issues raised by this Court.

On June 19, 1992, the Tribal Council of the Choctaw Nation approved Council Bill CB-111-92 which authorized the tribe to contract with the Bureau of Indian Affairs for the tribe to establish and operate a CFR Court of Indian 0ffenses pursuant to 25 CFR, Part 11 . (A copy of CB-111-92 is attached hereto and marked Exhibit A). Thereafter, on May 10, 1994, the Tribal Council enacted CB-99-94, a bill which adopted the court rules promulgated by the Bureau of Indian Affairs, Muskogee Area Office, as well as a Code of 0ffenses. (A copy of CB-99-94 is attached hereto and marked Exhibit B).

After reviewing documentation contained in the files of the office that administers the CFR Court System, it appears that the Choctaw Court of Indian Appeals is not a duly constituted tribal court. Specifically, letters marked Exhibits C and D, which are attached hereto, reflect that although the tribe submitted three
nominees for magistrate positions for the tribe's Court of Indian 0ffenses Appellate Court, these nominees have never been approved by the Bureau of Indian Affairs.

In the letter from Acting Area Director Wickliffe dated March 13, 1997, he states, 'Litigants before the Choctaw Nation Court of Indian 0ffenses presently have an expectation of any appeal. being heard by Magistrates George Tahbone, Phil Lujan and Lynn Burris." These three magistrates were duly appointed to serve as magistrates on the Chickasaw Nation's Court of Indian Appeals which is located in Ada, Oklahoma.

It is the Respondents' position that the Petitioners' remedy is to appeal the tribal court's denial of their Motion to Dismiss based on jurisdictional grounds to the Chickasaw Nation's Court of Indian Appeals.

RABON, WOLF & RABON
402 E. Jackson
P.O. Box 726
Hugo, OK 74743
(580) 326-6427
Attorneys for Respondents

I hereby certify that on this 27th day of April, 2000, I placed in first class U.S. mail, postage prepaid a true and correct copy of the above and foregoing to Scott Kayla Morrison, P.O. Box 518, Clayton, OK 74536.