Choctaw Nation of Oklahoma,

Plaintiff,

Vs.

Douglas Dry,
Rosie Lee Burlison, and
Juanita McConnell,

Defendants.

No. CR-95-01, 05

Comes now Bob Rabon and specially appears only for the purpose of this motion and respectfully shows to the Court:

(1) That the movant has received a subpoena from this Court commanding his appearance as a witness before the Court of Indian 0ffenses of the Choctaw Nation of Oklahoma an August 15, 1997; that said subpoena does not identify the party who requested it. However, movant assumes it was issued at the request of one of the defendants.

(2) Movant further shows to the Court that his law partner, Robert L. Rabon, is the attorney for the prosecuting party; that it is not ethical for an attorney to be a witness in a cause wherein either he or a law partner are acting as counsel.

(3) Defendants have been actively seeking the disqualification of the prosecutor in this case; the attorney for defendants is also the attorney for Douglas Dry in a federal civil suit in which movant is the attorney for four of the defendants.

She has informed the Court that she intends to try to make movant a witness in that case and seek his disqualification there.

(4) This effort to draw movant in this case as a witness is designed for purposes of harassment and to further the attorney's cause in disqualifying the prosecutor in this case and movant in the federal case.

Wherefore, movant requests that the Court quash the said subpoena.

I hereby certify that on the 1st day of August, 1997, I mailed a true and correct copy of the above Special Appearance and Motion to Quash Subpoena to Scott Kayla Morrison, P.O. Box (337, Wilburton, OK 74578, with full postage prepaid thereon.