Judicial Appeals Tribunal
of the Cherokee Nation
Lucy Allen,
Plaintiff,
v.
Case No. JAT 04-09
Cherokee Nation
Tribal Council,
Defendant,
And
Lela Ummerteskee,
Registrar,
And
Registration
Committee
Petition for Declaratory Judgment
COMES NOW Plaintiff, Lucy
Allen, Pro Se, a Citizen of the Cherokee Nation, a resident ofTulsa,
Oolagah District, and for her cause of action shows to the Court and
alleges the following:
I. PARTIES
1. Plaintiff is a Citizen of the Cherokee Nation by Adoption and a
resident of the Cherokee Nation.
2. Defendant Tribal Council is the legislative branch of the Cherokee
Nation.
3. Defendant LeIaUmmersteskee, Registrar, is a Citizen by blood of
theCherokee Nation and a member
and head of the Registration Committee.
4. Defendant Registration Committee is an administrative committee
created by the Cherokee Nation
Constitution and makes recommendations to Defendant Tribal Council
regarding membership
requirements and applications to the Cherokee Nation Registration
Office.
II. JURISDICTION
The Judicial Appeals Tribunal has
original jurisdiction to adjudicate all approved by Referendum on June
26, 1976, at Article VII. All parties are either entities created by
the Constitution, Citizens of the Cherokee
Nation and/or constitutional appointees of the Cherokee Nation; and are
subject to the laws and usages of the
Cherokee Nation and the jurisdiction of thisCourt.
III. CAUSE OF ACTION
Plaintiff alleges that 11 C.N.C.A., § 4 (c), § 6 (a) and (b),
and § 12 (a) and (b), which require applicants for
membership in the Cherokee Nation of Oklahoma have ancestors listed "by
blood" on the Dawes Commission
Rolls or that make the "by blood" sections of the Dawes Commission
Rolls, the only sections approved for
determining membership, is unconstitutional on its face for the
following reasons:
1. The
Constitution of the Cherokee Nation at Article III, § 1., makes no
distinction between the various
sections of the Dawes Roll and does not require applicants for
membership in the Cherokee Nation of
Oklahoma to have ancestors on any particular section of
said Roll or that the applicant or his/her ancestors
have any particular type of blood.
Therefore, any requirement above and beyond the requirements of the
Constitution at Article III, § 1., would be extra- constitutional
and are therefore unconstitutional.
2.
The Constitution of the Cherokee Nation at Article XIV declares that
nothing in the Constitution shall be
construed to prohibit the right of any Cherokee to belong to a
recognized clan or organization in the
Cherokee Nation. The above referenced statute restricts
membership in the Cherokee Nation of Oklahoma
to only those Cherokees who are "by blood," thus preventing the
membership of those Cherokees who
are "by adoption," and would on its face be unconstitutional.
3.
The above referenced statute deprives Plaintiff of her fundamental
right of Due Process and Equal Protection
of the Law byextinguishing her right to vote in elections of the
Cherokee Nation, thus depriving her of Liberty
without her consent or having committed a crime or the consent of the
Cherokee people through the referendum
process of Constituitonal amendment and delegation of proper
governmental authority, thus imposing upon her
an extra constitutional burden designed to deny her fundamental rights
and liberty protected by the Cherokee
Nation Constitution at Article II, § 1.
IV. PRAYER
Plaintiff prays for Declaratory Judgment that 11 C.N.C.A. §
4 (c), § 6 (a) and (b) and § 12 (a) and (b), are
unconstitutional
and void; and for an order permanently enjoining the Registrar and the
Registration Committee and/or their designees from enforcing said
statute.
Submitted this 24th day of September, 2004.
_______________
Lucy Allen, Pro Se
5518 N.Hartford Place
Tulsa, OK 74126
(918)428-1434
I, Lucy Allen, certify that I faxed, mailed, or hand delivered a true
and correct copy of the above on the
24th day of September, 2004 to the parties listed below:
Cherokee Nation Tribal Council
P.O. Box 948
Tahlequah, OK 74465
Todd Hembree, Esq.
Cherokee Nation
P.O. Box 948
Tahlequah, OK 74465
Lela Ummerteskee, Registrar
Registration Office
P.O. Box 948
Tahlequah, OK 74465
Registration Committee
c/o Lela Ummerteskee, Registrar/Chairman
P.O. Box 948
Tahlequah, OK 74465
Judicial
Appeals Tribunal
of the Cherokee Nation
Lucy
Allen,
Plaintiff,
v.
CaseNo.JAT-04-09
Cherokee
Nation
Tribal Council, et al.,
Defendants.
Notice to the Court
COMES NOW Plaintiff, Lucy Allen, Pro Se, and for her cause of
action, in accordance with the rules of the Judicial Appeals Tribunal,
do hereby appoint David Allen Cornsilk as her representative (lay
advocate) for the purpose of speaking
on her behalf at hearings, accepting court documents, filings and
briefs from the defendants and the court, accepting service, notice and
orders and preparing, filings and presenting court documents and all
other such requirements as deemed necessary
to properly present her cause before the Honorable Court in the above
and styled case.
Submitted this 24th day of September, 2004.
_________________
Lucy Allen, Pro Se
5518 N.Hartford Place
Tulsa,OK74126
(918)428-1434
I, Lucy Allen, certify that I faxed, mailed or hand delivered a true
and correct copy of the above on
the 4th day of Semptember, 2004, to the following parties: Cherokee
Nation Tribal Council,
Todd Hembree, Esq., Lela Ummerteskee, Registrar and the Registration
Committee.
Judicial Appeals Tribunal
of the Cherokee Nation
Lucy Allen,
Plaintiff
v.
Case No. JAT 04-09
Cherokee Nation
Tribal Council, et
al.,
Defendants.
Entry of Appearance
COMES NOW David Allen
Cornsilk, in accordance with the rules of the Judicial Appeals Tribunal
and Plaintiffs
Notice to the Court filed on September 24, 2004, enters an appearance
herein on behalf of Plaintiff, Lucy Allen,
Pro Se, as her "Lay Advocate" for the purposes stipulated in said
Notice and requests copies of all pleadings and
notices herein. Submitted this 24th day of September, 2004.
_________________
David Allen Cornsilk
5925 E. 33rd Court
Tulsa, OK 74135
(918)663-4476
I, David Allen Cornsilk, certify that I faxed, mailed or hand delivered
a true and correct copy of the above on the
24th day of September, 2004, to the following parties: Cherokee
Nation Tribal Council, Todd Hembree, Esq.,
Lela Ummerteskee, Registrar and the Registration
Committee.
„
_________________
David Allen Cornsilk
Judicial Appeals Triunal
of the Cherokee Nation
Lucy Allen,
Plaintiff,
v.
Case No. JAT 04-09
Cherokee Nation
Tribal Council, et al.,
Defendants.
Supplemental to Petition for Declaratory Judgment
COMES NOW
Petitioner Lucy Allen, Pro Se, by and through her appointed lay
advocate, David Allen Cornsilk, and prays that the Court will amend her
original petition by adding this supplemental to it as if it had been
filed therein:
1. Petitioner has learned that 11 C.N.CA. § 12 (a) and (b) is the
same as LA. 6-92 § 6 (a) and (b). The section numbers was changed
when LA. 6-92 was added to the Cherokee Nation Code Annotated.
2. Petitioner has found an omission from the original filing. In
addition to Petitioner's allegation that 11 C.N.C.A. § 4 (c) is
unconstitutional; it has been noted that 11 C.N.C.A. § 4 (I) also
contains blood requirements and would be unconstitutional.
Petitioner prays that the Court will note the error and accept
Petitioner's apology for any confusion and further prays the Court will
add to her original Petition for Declaratory Judgment that she alleges
11 C.N.C.A. § 4 (I) is unconstitutional and that it will be so
found and enjoining the Registrar and the Registration Committee from
enforcing said Statute.
Submitted this 24th day of September, 2004.
___________________
David Allen Cornsilk
5925 E. 33rd Court
Tulsa, OK 74135
Certificate of Mailing
I, David Allen Cornsilk, certify that I faxed, mailed or hand delivered
a true and correct copy of the above on
the 24th day of September, 2004, to the following parties: Lucy
Allen, Pro Se, Cherokee Nation Tribal
Council, Todd Hembree, Esq., Lela Ummerteskee, Registrar and the
Registration Committee.
David Allen Cornsilk