Commentary

In response to the recent articles written by Toni R. Milano, we feel that we have an obligation to respond to some of the misinformation communicated by Mr. Felix Ike to the Elko Daily Free Press.

First and foremost, you need to be aware that Mr. lke was removed from not one (1) but two (2) separate court systems as a Court Advocate: 1) Shoshone-Paiute Tribal Court of the Duck Valley Indian Reservation Idaho and Nevada and 2) the Te-Moak Tribe of Western Shoshone Indians of Nevada CFR Court.

— On Wednesday, 10 June 2015, Chief Judge Calvin Michael Hatch wrote a letter to Mr. Felix Ike regarding his Advocate Suspension In the Shoshone-Paiute Tribal Court of the Duck Valley Indian Reservation Idaho and Nevada, for several violations of his duties as a Tribal Court Advocate and Officer of this Court. (See Attachment #1)

— On Thursday, 09 March 2017, Felix Ike was denied his request for Advocacy Renewal Application to the CFR Court by Magistrate O. Ronald McGee. (See Attachment #2)

On 28 November 2000, Local Rules of Procedure for Te-Moak Tribe of Western Shoshone was ordered and adopted by Te-Moak Tribe’s CFR Magistrate F. Woodside Wright. (See Attachment 3)

On Monday, 23 January 2017, Bureau of Indian Affairs (BIA), Eastern Nevada Agency, Superintendent Joseph G. McDade wrote a letter to Chairman [sic] Lydia Johnson regarding a “CFR Court Confirmation” in response to a Memorandum addressed to All Court Staff and Associates by the Administrator in consultation with the Te-Moak Chairman [sic]. There was a misconception by some that the CFR Court was not in legal standing as a result of a recent decision rendered by the ITCN Court of Appeals on 10 January 2017 (ITCN/AC-CF-14-016). In closing Superintendent McDade states ”... the decision to validate the current Te-Moak Court of Indian Offenses is hereby confirmed.” (See Attachment #4)

Incidentally, the CFR Court of the Te-Moak Tribe of Western Shoshone Indians of Nevada has subject matter jurisdiction over Tribal members.

On Wednesday, 26 April 2017, as “Owner of Court House Building,” Elko Band Council held a meeting wherein they voted 7-0 in favor for BIA to pay past due rent of $170,000+. Subsequently, on Thursday, 27 April 2017, Te-Moak Tribal Chairman [sic] Lydia Johnson signed a “BIA IS DELINQUENT IN RENT, EFFECTIVE IMMEDIATELY: COURTROOM CLOSED, JUDGES [sic] CHAMBERS CLOSED” notice which was then posted on the Te-Moak Judicial Building located at 1523 Shoshone Circle, Elko, NV. (See Attachment #5)

On Thursday, 19 May 2017, a “Temporary Order for Protection Against Harassment” in Phaline Conklin, Applicant vs. Lydia Johnson, Adverse Party was ordered by CFR Court Magistrate O. Ronald McGee. This order was extended on Wednesday, 28 June 2017 and again on Tuesday, 29 August 2017, and remains in effect until the next court hearing.

— This court order specifically states “YOU ARE PROHIBITED, either directly or through an agent, from contacting, intimidating, using, attempting to use, or threatening the use of physical force, or otherwise interfering in any way with the Applicant and/or the following persons: You are hereby ordered to not issue any memos, letters, and documents or give any directive in any manner in your official capacity or unofficial capacity as to reprimanding, laying off of, placing on admin leave or firing of the Applicant and or any Te-Moak Employee including but not limited to, Te-Moak housing authority, WSDPS, Te-Moak diabetes program, Te-Moak administration employees and the Te-Moak Court Staff.” (See Attachment #6)

On Wednesday, 04 October 2017, Te-Moak Tribal Administrator Phaline Conklin wrote a letter to Elko Band Council regarding vacating the Te-Moak Judicial Building located at 1523 Shoshone Circle, Elko, NV, by Wednesday, 18 October 2017. This was due to the re-assumption by the BIA of the Te-Moak Tribe’s Judicial Services Contract resulting in the lay off of employees. (See Attachment #7)

On Friday, 03 November 2017, Te-Moak Tribal Chairwoman Lydia Johnson called a Special, Open meeting for 2:00 pm. This meeting was attended by Ms. Johnson and three (3) other persons purporting to be members of the Tribal Council, making a total of four (4) people in attendance at the meeting. There is a Constitutional requirement to commence a meeting of the Tribal Council with five (5) members being physically present to constitute a quorum.

Further, the three (3) other persons have not been legally seated as Te-Moak Tribal Council Members. In other words, they are not yet recognized as Te-Moak Tribal Council Members and do not have the ability to serve as Te-Moak Tribal Council Members.

On Monday, 06 November 2017, an “ORDER OF CONTEMPT AND INCARCERATION” was issued by CFR Magistrate 0. Ronald McGee stemming from several actions taken and approved by the purported Tribal Council including serious infractions of existing TROs on Friday, 03 November 2017. (See Attachment #8)

On Tuesday, 07 November 2017, a “NOTICE OF IMMEDIATE TERMINATION” was written to Jeff Nothelphim, the Director of the Western Shoshone Department of Public Safety (WSDPS) for the Termination of Philip lacob, the WSDPS Chief of Police. This letter was signed off on by Te-Moak Tribal Chairman Lydia Johnson and two (2) persons purporting to be Te-Moak Tribal Council Members — Felix Ike and Penny Stevens. They also ordered the WSDPS not to follow any CFR Court orders. (See Attachment #9)

On Tuesday, 14 November 2017, a Special, Open meeting was scheduled by Te-Moak Tribal Chairwoman Lydia Johnson at the Northeastern Nevada Museum. Again, this meeting was illegally held due to no quorum. At that meeting it was discussed that a “posse” would be gathered to physically remove Te-Moak Tribal Administrator Phaline Conklin at 8:00 am. the following morning, Wednesday, 15 November 2017, in order to take over the office.

On Wednesday, 15 November 2017, Mr. Felix Ike was arrested at the Te-Moak Tribal Administration Building at 525 Sunset Street, Elko, NV, for violation of the “Temporary Order for Protection Against Harassment” in Phaline Conklin, Applicant vs. Lydia Johnson, Adverse Party. A video of the arrest was taken and is available upon request. It is our understanding that criminal charges have been filed against Mr. Felix Ike in this matter and that a court date is currently pending. (See Attachment #6)

By no means are we attempting to run a smear campaign against any individual. Rather, we are bringing to light pertinent information which may or may not be swept under the rug.

It is with certainty we can comment that Mr. Felix Ike’s continual disregard for the law is well documented.

Phaline Conklin is Te-Moak Tribal Administrator. Cheryl Mose-Temoke is South Fork Band Tribal Administrator.

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