Role of trust reform monitor kept intact

FROM THE ARCHIVE

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WEDNESDAY, APRIL 17, 2002

The federal judge overseeing the Indian trust has reappointed a court investigator to keep watch over the Department of Interior but imposed some limits in response to objections raised by the Bush administration.

In a court document filed on Monday. U.S. District Judge Royce Lamberth ordered the investigator to remain on board for at least another year. Court monitor Joseph S. Kieffer III, a former military intelligence specialist, will report on efforts to fix the Individual Indian Money (IIM), Lamberth said.

But Kieffer will now have to conduct his work under oath. Attorneys from both sides of the simmering dispute will be able to cross-examine department officials and employees in order to develop "on-the-record" testimony, the order stated.

Kieffer's written reports won't be given special credence as those by another court official, Lamberth said. Special master Alan Balaran, whose interviews are also taken under oath, receives greater deference under court rules and procedures.

The changes in methodology come in response to objections raised by Secretary Gale Norton. Although Norton praised Kieffer's appointment when he was appointed a year ago this week, her attorneys recently said they couldn't support his continued presence unless their demands were met.

Lamberth ceded to some of those requests in a move that spoke more to his concern for creating a complete record than of placating the Bush administration. He brought up the issue when government attorneys last year raised 11th-hour objections to Kieffer's reports being used in Norton's contempt trial.

At the same time, Lamberth has left the most critical role of his court monitor intact. Rebuffing Norton, he said Kieffer will be allowed to report on a wide array of trust reform issues.

He also reiterated a condition that Norton's attorneys ignored last year. The government will be given only 10 days to raise objections to Kieffer's reports, Lamberth warned.

Kieffer has issued six reports critical of efforts to fix the IIM trust. He has discussed the failure to conduct an historical accounting, problems of a $40 million trust accounting system and disputes among Norton's top staff and trust reform managers.

The work comes at a cost of $250 an hour, paid by the federal government. Kieffer's monthly bills have ranged from $40,000 to $50,000.

A ruling on the contempt charges against Norton and Assistant Secretary Neal McCaleb is pending. Attorneys representing 300,000 Indian beneficiaries hope a positive finding will pave way for a receiver to take over the trust.

Related Documents:
Reappointment of Kieffer (4/15) | Support for Kieffer (4/11) | Opposition to Kieffer (4/11) | Appointment of Court Monitor (April 2001)