Content about Legal

The Osage County District Court system surprised Osage elder Bill Mashunkashey Sr. March 30 with a citation of commendation for his work as a court case mediator in land disputes.

His work stretches for more than 30 years involving land issues, which earned the respect of many people working in the court system who relied on his work during litigation. He is retired and will be 89 this year.

The debate over a 2011 Congressional subpoena demanding six months worth of emails from Treasurer William Kemble is now being considered in Osage Nation Trial Court.

Attorneys for the Second Osage Nation Congress and Kemble argued for their clients at the Tribal Courthouse during a Jan. 26 hearing. Judge Marvin Stepson will rule on the Congressional subpoena being challenged by Kemble.

Wind farms are on the horizon.

A federal judge declined the Osage Nation’s request to stop a proposed wind farm from construction in western Osage County, stating the tribe failed to prove it would be harmed by the project.

The legal debate over a proposed wind farm in western Osage County is scheduled for court starting Dec. 14 at the U.S. District Courthouse in Tulsa.

The Osage Nation is opposing a 94-turbine wind farm and has asked the federal court for preliminary and permanent injunctions to prevent the facility construction from moving forward.

The Osage Trust Case Settlement disbursement date has been moved up. 

According to the Office of the Special Trustee, the settlement disbursement date is no longer Dec. 5, it has been moved up to Nov. 28.

On Nov. 14 the United States will deposit $345 million in the Tribal Trust Account and the money will be disbursed to all shareholders of the Osage Minerals Estate Nov. 28, whether they are Osage, non-Osage, or entities. The payout will be $155,136 per full share.

Trial dates have been set for Dec. 14 and 15 in the federal court case filed against Wind Capital Group over its proposed 94-turbine wind farm near Burbank, which the Osage Nation argues would harm the Osage Minerals Estate.

The Tulsa federal court dates were set after a judge heard from attorneys representing the Nation and Wind Capital Group on Oct. 26 during an expedited status and scheduling conference. According to the joint motion requesting the conference, construction of the wind farm is scheduled to begin Nov. 19.

The Osage Nation has filed a federal lawsuit seeking an injunction against Wind Capital Group, arguing that a proposed 94-turbine wind farm near Burbank will interfere with oil and gas production on the Osage Minerals Estate.

As night fell Wilson Pipestem would watch his father walk through the doors of their home and make his way to his home office.

Pipestem always followed, pencil and paper in hand.

“I’d go into his office and do my homework,” Pipestem said. “My father was an attorney for the Osage Tribe and he played an important role in identifying the problems that led to this case (Osage Trust Case), so I grew up following him, and so I knew what it would be like to take on this sort of case where I would see him working late nights in the office.”

Osage Nation Principal Chief John Red Eagle’s office served the Second ON Congress with a Motion to Quash a congressional subpoena issued to ON Treasurer William Kemble demanding emails and other documents, Friday (Sept. 9).

In a written response from Kemble to Congressional Speaker Jerri Jean Branstetter, he declined to submit all of his emails from any Osage Nation-owned computer, during the period of Feb. 1 to the present, concerning any aspect of his job. The emails are among nine items demanded in the Congressional subpoena served to Kemble on Aug. 2.

The United States Supreme Court will not hear the Osage Nation’s appeal in the reservation status case, which ends the 11-year-old legal battle with the Oklahoma Tax Commission on whether the Nation’s reservation was disestablished.

On Monday (June 27), the High Court filed a summary disposition of cases being considered. The case (Osage Nation v. Irby, et al.) is listed among those cases with petition denials, thus allowing the federal appeals court decision to stand. No explanation is listed for the Nation’s petition denial.

The University of Tulsa College of Law and Concord Law School of Kaplan University announced they will offer an online Master of Jurisprudence in Indian Law (MJIL) degree beginning August 2011.

The 30-credit-hour program is for college graduates, particularly those working in tribal governments and businesses, and government agencies, who are interested in learning about Indian law. The program is also for lawyers who wish to gain additional expertise or expand their practices.