FRANK WATSON as a citizen of the )
Choctaw Nation, )
)
Plaintiff, )
)
VS ) Case Number: C-82-6
)
JASPER SCOTT in his official capacity )
as Choctaw Nation Tribal Council member, )
)
Defendant. )

In this case the Court is called upon to interpret the language and effect of Article VI, Section 5, of the Proposed Constitution of the Choctaw Nation of Oklahoma, to wit: "No person who has been convicted of a felony by a court of competent jurisdiction shall be eligible to hold any elective or appointive office in the Choctaw Nation."

FINDING OF FACT

1. This Court finds that Jasper Scott, on the 17th day of July 1951, did enter his plea of guilty in Case Number 2689, in the 25th Judicial District Court of the State of Oklahoma.

2. This Court finds that the charge was for Obtaining Property Under False Pretense and that Jasper Scott was sentenced to the Oklahoma State Penitentiary for a term of three years.

3. This Court finds that the Journal Entry of Judgement and Sentence does not reflect that Jasper Scott was afforded the right to be represented by an attorney; and the Court further finds that thereafter on the 26th day of October, 19779, the Honorable George Nigh, Governor of the State of Oklahoma, issued a pardon to Jasper Scott, for the offense culminating in the Judgement and Sentence in Case Number 2689.

4. This Court finds that subsequent to the pardon, Jasper Scott filed an application for Post-Conviction Relief in the District Court of Atoka County, State of Oklahoma.

5. This Court finds that the District Court of Atoka County, State of Oklahoma, Judge Richard Mayfield, presiding, did on the 8th day of March, 1983, grant the relief sought by Jasper Scott, and did order, adjudge and decree that the imposition of the judgement and sentence and the Judgement and Sentence itself in Case Number 2689 is dismissed and set aside.

CONCLUSIONS OF LAW

1. This Court is applying these facts to Choctaw law, in determining who is a felon, must base its decision on the law of the sovereign which the person is alleged to be a felon from.

2. This Court concludes that the effect of the judgement of the Oklahoma State Court, entered on the 8th day of March, 1983, voids the Judgement and Sentence of Jasper Scott in Case Number 2689.

3. This Court concludes that by voiding the Judgement and Sentence, Jasper Scott is not a felon according to the laws of the State of Oklahoma.

4. This Court concludes that the effect of a pardon of another sovereign on Choctaw law, also depends on that sovereign's attitude of what a pardon restores, forgives, or voids. In Choctaw law the Court shall consider and recognize the attitude of the forum of the sovereign issuing the judgment and decree and will adopt that sovereign's attitude on pardons.

DECISION AND ORDER

IT IS THEREFORE THE UNANIMOUS DECISION OF THE COURT that the effect of the judgement entered on the 8th day of March, 1983, in the District Court of Atoka County, State of Oklahoma, voided the judgement and sentence of Jasper Scott in Case Number 2689, and Jasper Scott is not a felon as a result of said action.

IT IS FURTHER ORDERED AND DECREED that Jasper Scott is the legally elected councilman of District 10, Choctaw Nation of Oklahoma.

Dated this 7th day of May, 1983.

JOE C. TAYLOR, Presiding Judge, ED CURTIS, Judge, CHARLEY G. JONES, Judge