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Joe Byrd | |
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Cherokee Nation Tribal Councilor for district 2 | |
In office August 14, 2013 –August 14, 2021 | |
Preceded by | Redistricting |
Succeeded by | Candessa Tehee |
Cherokee Nation Tribal Councilor for district 1 | |
In office January 23,2012 –August 14,2013 | |
Preceded by | Bill John Baker |
Succeeded by | Redistricting |
Principal Chief of the Cherokee Nation | |
In office 1995–1999 | |
Preceded by | Wilma Mankiller |
Succeeded by | Chad Smith |
Cherokee Nation Tribal Councilor | |
In office 1987–1995 | |
Personal details | |
Born | 1954 (age 68–69) |
Children | Joseph Tali Byrd |
Joe Byrd (born 1954) [1] was the Principal Chief of the Cherokee Nation from 1995 to 1999. Byrd is bilingual,with an ability to communicate in both Cherokee and English. He ran for re-election in 1999,but lost to Chad "Corntassel" Smith. He ran again in 2003,but again lost to the incumbent Smith.
Byrd is from Nicut,Oklahoma and Belfonte,Oklahoma. He served on the Cherokee Nation tribal council from 1987 to 1995. [2]
In 1995,after his main rival was disqualified,Joe Byrd was elected Principal Chief of the Cherokee Nation,succeeding Wilma Mankiller. Byrd's four-year term of office was marked by controversy and conflict. By late 1997,the conflict had escalated into a constitutional crisis for the Cherokee Nation. [3] Settling the conflict required US government intervention via the Bureau of Indian Affairs.
In January 1996,Byrd supported the hiring of a law firm in which his brother-in-law,Terry Barker,was one of the partners. The law firm was hired on an hourly basis to represent CNI in a dispute with a defense contractor, Stewart &Stevenson Industries,Inc. (S&S) of Houston,Texas. In May 1996,Barker's law firm filed a federal lawsuit against S&S for Breach of Contract. By October,the law firm had accrued $54,000.00 in unpaid hourly fees to CNI and $59,000 in fees to the Cherokee Nation. On October 24,1996,the CNI leadership signed a contingency agreement with Barker's law firm which granted the law firm 37.5% of any proceeds of the S&S litigation. Later that same evening,the CNI and S&S reached a settlement,with S&S agreeing to pay CNI 1.86 million dollars. Later court filing suggest that Terry Barker,and possibly Joe Byrd,knew about the probable settlement with S&S before CNI signed the contingency agreement. [4] Despite the agreement limiting Barker's law firm to 37.5% of the settlement,the firm received $894,000,or more than 48% of the total settlement.
The unusual activities and business dealings of Byrd disturbed many tribal council members. Throughout the summer of 1996,Byrd repeatedly ignored requests and directives from the Tribal Council for financial statements and documents. Also in the summer of 1996,Pat Ragsdale,Director of the Cherokee Nation Marshal service,was directed to investigate allegations of corruption against Joel Thompson,Byrd's friend,confident,and manager of Byrd's election campaign. Several other members of Byrd's administration also came under investigation. The allegations included illegal wiretap activities on Cherokee Nation premises,diversion of tribal funds,and illegal campaign funding. [5] [6]
Tensions between Byrd and the Tribal Council increased over Byrd's continuing refusal to comply with directives to disclose critical contracts and documents related to the Cherokee Nation funds. In August 1996,The Tribal Council petitioned the Cherokee Nation Justice Appeals Tribunal (JAT) for access to the requested materials from Byrd. The JAT ruled that all of Byrd's documents detailing any Cherokee Nation dealings were subject to review by the Tribal Council and to any Cherokee Nation citizen in accordance with the Cherokee Nation Constitution. [7] [ citation needed ] Despite this ruling,Byrd refused to produce the requested documents.
Faced with Byrd's refusal to cooperate,Tribal Prosecutor Diane Blalock requested and received a search warrant for Byrd's headquarters. On Feb 25,1997,the Tribal Marshals conducted a raid of Byrd's headquarters in which they seized and made copies of a number of documents. In retaliation for the seizure,Byrd fired Director Pat Ragsdale and Sharon Wright of the Cherokee Nation Marshals Service. One hour after they were fired,Cherokee Nation Justice Dwight Birdwell ordered their immediate reinstatement. Justice Birdwell also issued a standing order which stated any subsequent firings by Byrd would be considered contempt of court and obstruction of justice. Byrd then fired Ragsdale,Wright,and the entire Cherokee Nation Marshal Service. He later fired Prosecutor Blalock,who had,by then,filed obstruction of justice and misappropriation of funds charges against Byrd. [8] As a replacement for the now "fired" marshals,Byrd requested that the Bureau of Indian Affairs (BIA) assume all law-enforcement duties for the Cherokee Nation. He also established a new security force made up of individuals who had signified their loyalty to him. [9]
Byrd announced that he had requested an FBI investigation of Cherokee Nation Tribal Council Members,Marshals,and Justices on the grounds that they were plotting to "overthrow his administration". [10] [ citation needed ] He also hired criminal defense attorneys who filed appeal briefs with the Cherokee Nation Courts. The briefs sought a stay of the warrants and stated that the Tribal Council was "plundering and pilfering" the evidence seized in the search warrants. Byrd also directed his criminal defense attorneys to file motions demanding suppression of Byrd's financial dealings,which had been seized as evidence. Byrd stated to the Justice Court that he and his associates had been conducting wiretaps of Cherokee Nation employees,government officials,and the Cherokee Nation Justice Courts. He claimed to have discovered,and turned over to the FBI,concrete evidence of the Cherokee Nation Justices' plots.
The Cherokee Nation Justice Court found Byrd in contempt and cautioned him against attempting to fire the Cherokee Nation Marshals during an ongoing investigation. Byrd responded by attempting to shut off power,water,and electricity to the Cherokee Nation Marshals Complex,but was stopped by an order of Justice Birdwell.
On Thursday,March 7,1997,US Attorney John Raley,in conjunction with the FBI,announced an investigation into Byrd's activities and of the events which had occurred at the Cherokee Nation Tribal Complex. The FBI seized the tapes that were produced as the result of Byrd's illegal wiretaps. [11] After reviewing the tapes and interviewing numerous Cherokee Nation members who worked at the tribal complex,the FBI investigators concluded that Byrd's allegations were without merit;they then closed the investigation he had filed. The matter of Byrd's diversion of funds was turned over to the Cherokee Nation Justice Courts for resolution. However,the United States Attorney's office,in concert with the BIA,continued their investigation into Byrd's activities. [12] [ citation needed ]
On April 15,1997,after Byrd was indicted by the Cherokee Nation Justice Courts for obstruction of justice and misuse of funds,he drafted articles of impeachment of the Cherokee Nation Court Justices. [13] [ citation needed ] Byrd then proceeded to the Tribal Council chambers,where eight of the total fifteen council members were assembled. Despite the fact that the council was without a quorum,Byrd ordered the councilors to approve the impeachment of the Cherokee Nation Courts Justices. He also ordered the councilors to vote for ratification and relinquishment of sovereign authority to the BIA for law enforcement within the Cherokee Nation. [14] On April 24,1997,the BIA ordered BIA Law enforcement personnel to assume control of Law Enforcement responsibilities within the Cherokee Nation.
On May 21,1997,Byrd shut off power and utilities to the Cherokee Nation Justice Complex,fired the Justices,and ordered his security forces to board up the Courthouse. In response,the Cherokee Nation Justices issued warrants for his arrest. The Cherokee Nation petitioned the Federal Courts for BIA officers to confiscate the weapons of Byrd's security force. The federal judge declined to rule on the grounds that the Cherokee Nation would be required to relinquish total sovereignty before federal troops could be sent into the Nation to confiscate weapons. Byrd subsequently ordered the shutdown of the Cherokee Nation Courts. His security forces,along with those of the BIA,forcibly evicted the Justices from the Courthouse,then had the Courthouse boarded up and padlocked. [14] [15] [ citation needed ]
During the Cherokee National Holiday (Labor Day weekend) in 1997,Oklahoma SWAT teams with high-powered rifles and BIA helicopters patrolled tribal lands. These actions were later characterized by Joe Byrd's administration in Court filings to be necessary to quell an "uprising" of the Cherokee People.
In August 1997,Byrd was summoned to Washington D.C. where he met with Attorney General Janet Reno and Secretary of the Interior Bruce Babbitt. After several days of negotiations,Byrd signed an agreement that required that he relinquish control of the Cherokee Nation law enforcement system to the Bureau of Indian Affairs. By late September,the Cherokee Nation Courts were reopened and the Cherokee Nation Marshal service was reinstated.
The remaining years of Byrd's term were marked with intense scrutiny by the BIA. By late 1998,there were 11 active cases against Byrd,including two criminal charges regarding diversion of Federal funds. [14] [ citation needed ] In what some see as an attempt to influence the outcome of the obstruction of justice cases against him,in early 1998 Byrd moved the district court out of the Tribal Courthouse. In reaction,six members of the Tribal Council began boycotting scheduled Council meetings,thus leaving the Council without a quorum and therefore unable to act. After a year of stand-off,Byrd capitulated and moved the district court back to the Courthouse.
Byrd's 1996–1997 actions also had a major impact on the Cherokee Nation's 1999 Constitutional Convention. During public hearings,there were,among other items,a strong push for procedures allowing for the recall of elected officials,a call for open financial records of the Nation's government,and a desire to strengthen the power and independence of the Judiciary.
In 1999,Byrd was defeated by Chad "Corntassel" Smith in the Cherokee Nation elections. After the election,more than four years of transition were required to restore the Cherokee Nation government and remove BIA intervention from the affairs of the Cherokee Nation.
Byrd was sworn onto the Cherokee Nation tribal council representing district 1 on January 23,2012 after winning the district 1 special election to replace Bill John Baker. [16] He was elected to a full term in the new district 2 in 2013. [17] He was sworn in August 14,2013. [18] In August 2015,he was elected speaker of the tribal council. [19] He won re-election in 2017 and was re-elected as speaker of the council. [20] [21] He was term limited in 2021. [22]
Tahlequah is a city in Cherokee County,Oklahoma located at the foothills of the Ozark Mountains. It is part of the Green Country region of Oklahoma and was established as a capital of the 19th-century Cherokee Nation in 1839,as part of the new settlement in Indian Territory after the Cherokee Native Americans were forced west from the American Southeast on the Trail of Tears.
The Bureau of Indian Affairs (BIA),also known as Indian Affairs (IA),is a United States federal agency within the Department of the Interior. It is responsible for implementing federal laws and policies related to Native Americans and Alaska Natives,and administering and managing over 55,700,000 acres (225,000 km2) of reservations held in trust by the U.S. federal government for indigenous tribes. It renders services to roughly 2 million indigenous Americans across 574 federally recognized tribes. The BIA is governed by a director and overseen by the Assistant Secretary for Indian Affairs,who answers to the Secretary of the Interior.
Wilma Pearl Mankiller was a Native American activist,social worker,community developer and the first woman elected to serve as Principal Chief of the Cherokee Nation. Born in Tahlequah,Oklahoma,she lived on her family's allotment in Adair County,Oklahoma,until the age of 11,when her family relocated to San Francisco as part of a federal government program to urbanize Native Americans. After high school,she married a well-to-do Ecuadorian and raised two daughters. Inspired by the social and political movements of the 1960s,Mankiller became involved in the Occupation of Alcatraz and later participated in the land and compensation struggles with the Pit River Tribe. For five years in the early 1970s,she was employed as a social worker,focusing mainly on children's issues.
Chadwick "Corntassel" Smith is a Native American politician and attorney who served as Principal Chief of the Cherokee Nation. He was first elected in 1999. Smith was re-elected to a second term as Chief in 2003 and a third term in June 2007 with 59% of the vote. He was defeated in his attempt to get elected to a fourth term in office by Bill John Baker 54% to 46% in the 2011 election and he lost again to Baker in 2015,receiving 28% of the vote. Prior to being elected Principal Chief,he worked as a lawyer for the tribe and in private practice.
The United Keetoowah Band of Cherokee Indians in Oklahoma is a federally recognized tribe of Cherokee Native Americans headquartered in Tahlequah,Oklahoma. According to the UKB website,its members are mostly descendants of "Old Settlers" or "Western Cherokee," those Cherokee who migrated from the Southeast to present-day Arkansas and Oklahoma around 1817. Some reports estimate that Old Settlers began migrating west by 1800. This was before the forced relocation of Cherokee by the United States in the late 1830s under the Indian Removal Act.
Jesse Bartley Milam (1884–1949) was best known as the first Principal Chief of the Cherokee Nation appointed by a U.S. president since tribal government had been dissolved before Oklahoma Statehood in 1907. He was appointed by President Franklin D. Roosevelt in 1941,who reappointed him in 1942 and 1943;he was reappointed by President Harry S. Truman in 1948. He died while in office in 1949.
The Cherokee Nation,also known as the Cherokee Nation of Oklahoma,is the largest of three Cherokee federally recognized tribes in the United States. It includes people descended from members of the Old Cherokee Nation who relocated,due to increasing pressure,from the Southeast to Indian Territory and Cherokee who were forced to relocate on the Trail of Tears. The tribe also includes descendants of Cherokee Freedmen,Absentee Shawnee,and Natchez Nation. As of 2023,over 450,000 people were enrolled in the Cherokee Nation.
The Wounded Knee Occupation,also known as Second Wounded Knee,began on February 27,1973,when approximately 200 Oglala Lakota and followers of the American Indian Movement (AIM) seized and occupied the town of Wounded Knee,South Dakota,United States,on the Pine Ridge Indian Reservation. The protest followed the failure of an effort of the Oglala Sioux Civil Rights Organization (OSCRO) to use impeachment to remove tribal president Richard Wilson,whom they accused of corruption and abuse of opponents. Additionally,protesters criticized the United States government's failure to fulfill treaties with Native American people and demanded the reopening of treaty negotiations to hopefully arrive at fair and equitable treatment of Native Americans.
Richard A. Wilson was elected chairman of the Oglala Lakota of the Pine Ridge Indian Reservation in South Dakota,where he served from 1972–1976,following re-election in 1974.
The Cherokee Freedmen controversy was a political and tribal dispute between the Cherokee Nation of Oklahoma and descendants of the Cherokee Freedmen regarding the issue of tribal membership. The controversy had resulted in several legal proceedings between the two parties from the late 20th century to August 2017.
David Cornsilk is a professional genealogist and served as the managing editor of the Cherokee Observer,an online news website founded in 1992. He founded of the grassroots Cherokee National Party in the 1990s,seeking to create a movement to promote the Nation as a political entity. While working as a full-time store clerk at Petsmart,he "took on America’s second-largest Indian tribe,the Cherokee Nation,in what led to a landmark tribal decision. Cornsilk served as a lay advocate,which permits non-lawyers to try cases before the Cherokee Nation’s highest court." Cornsilk had worked for the nation as a tribal enrollment research analyst and for the Bureau of Indian Affairs as a genealogical researcher. He also has his own genealogical firm. He ran in the 2023 Cherokee Nation principal chief election. He lost the election to incumbent principal chief Chuck Hoskin Jr..
The Cherokee National Capitol,now the Cherokee Nation Courthouse,is a historic tribal government building in Tahlequah,Oklahoma. Completed in 1869,it served as the capitol building of the Cherokee Nation from 1869 to 1907,when Oklahoma became a state. It now serves as the site of the tribal supreme court and judicial branch. It was designated a National Historic Landmark in 1961 for its role in the Nation's history.
Joseph Wicks was a judge of the Okanogan County,Washington and Ferry County,Washington Superior Court,where he served for 15 years,and as one of the defense attorneys in Goldmark vs. Canwell.
The Delaware Tribe of Indians,formerly known as the Cherokee Delaware or the Eastern Delaware,based in Bartlesville,Oklahoma,is one of three federally recognized tribes of the Lenape people in the United States,the others being with the Delaware Nation based in Anadarko,Oklahoma,and the Stockbridge-Munsee Community of Wisconsin. More Lenape or Delaware people live in Canada.
Mark F. Green is an American lawyer from Oklahoma who served as the United States Attorney for the United States District Court for the Eastern District of Oklahoma,having served in that position from September 29,2010,when he was appointed by President Barack Obama,until he was dismissed on March 10,2017,by President Donald Trump.
Bill John Baker is a Native American politician who served as Principal Chief of the Cherokee Nation. First elected in October 2011,Baker defeated three-term incumbent Chief Chad "Corntassel" Smith. Prior to his election as Chief,Baker served 12 years on the Cherokee Tribal Council. In 1999,Baker unsuccessfully ran for Deputy Chief of the Cherokee Nation.
Cherokee Nation Businesses,LLC (CNB) is an American conglomerate holding company headquartered in Catoosa,Oklahoma that oversees and manages several subsidiary companies. CNB is a wholly owned subsidiary of the Cherokee Nation,the largest Native American tribe by population in the United States. CNB operates in the following industries:aerospace and defense,hospitality and entertainment,environmental and construction services,information technology,healthcare,and security and safety.
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