In an August 22, 2014 decision, the Oneida Tribal Judicial System’s Appellate Court has placed a stay on the August 23, 2014 Special Election of the Oneida Judiciary until final adjudication of an appeal filed by Oneida Eye Publisher Leah Sue Dodge, Michael T. Debraska, Franklin Cornelius, Bradley Graham, and Judiciary candidate John Orie to whom special thanks is given for helping defend the Milwaukee SEOTS polling site, something that all Oneida voters should appreciate & remember when a Judiciary Election – inclusive of both Tribal polling sites – is eventually held.
The class action suit was regarding the disenfranchisement of the Oneida electorate perpetrated by the Oneida Business Committee, Oneida Election Board, Oneida Law Office, and the lower Trial Court whose decision was made by Jean M. Webster, Kathy Hughes, and Chris J. Cornelius which initially dismissed the case, thereby denying the fact that Petitioners’ voting rights were being denied.
Accepted: In accordance with the Oneida Tribal Judicial System, Appellate Rules of procedure, Rule 9(D)(40): The decision is arbitrary and/or capricious. A decision is arbitrary and capricious when there has been a clear error of judgment and there is no rational connection between the facts found and the ruling made.
And in accordance with Rule 17(B) Relief Pending Appeal: A party may move the appellate court of the OTJS for a stay of enforcement of the lower hearing body order or judgment pending the final adjudication of the appeal. The appellate court of the OTJS may issue such an order upon its own motion or the motion of a party.
It is found to be in the best interest of the parties to place a stay on the August 23, 2014 Special Election of the Oneida Judiciary until final adjudication of this appeal.
The Judiciary Special Election will be stayed until at least after September 22, 2014, which is when the Appellants’ brief is due. Oneida Tribal Election Law also requires that a ten day notice occur prior to elections, therefore the historic & foundational Judiciary Election will likely be stayed into October 2014 at the earliest.
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