Tim Giago: We need more Native American judges in South Dakota

Monday, November 5, 2018  

We need Native American judges sitting on the bench
By Tim Giago (Nanwica Kciji – Stands Up For Them)

First of all let us express our sincerest condolences to the family of South Dakota State Supreme Court Justice Steven Zinter who passed away unexpectedly last week.

We think it would be a great tribute to Justice Zinter if Governor Dennis Daugaard (R-South Dakota) would appoint a Native American to fill that position. Needless to say there has never been a Native American serving on the South Dakota Supreme Court and we say, it’s about time one was appointed.

But it’s not only the Supreme Court that sorely lacks Native American judges. Nearly every court in the State of South Dakota is lacking in that respect. There are plenty of highly qualified Native American judges and attorneys capable of filling those seats.

There is the former Chief Judge of the Pine Ridge Reservation Patrick Lee, Oglala, and Tribal Attorney Mario Gonzalez, Oglala, Gonzalez has tried cases for the Oglala Sioux Tribe in the 9th Circuit Court as well as before the U. S. Supreme Court. Mark Van Norman, Cheyenne River, Terry Pechota, Sicangu, and although he is not Native American, Charles Abourezk knows more about the law, especially Indian law, than nearly all other attorneys in South Dakota combined. And we mustn’t forget Tatewin Means, daughter of Russell Means, and a law school graduate who served as judge on the Pine Ridge Reservation.

But that’s just a start. Nearly every court in the state could use a qualified Native American to serve as judge. They would bring a different perspective on justice to the court, but they would also bring a fair and balanced approach to justice. Their unique experience of growing up as a Native American gives them a deep insight into the culture, religion and psychology of the Native American population and those are the things so sorely lacking in South Dakota’s justice system.

Native Americans have believed for generations that the justice system in South Dakota is stacked against them and we believe they are not wrong in believing this. Too often we have seen gross miscarriages of justice that could only happen in this state. When 35 percent of the prison population in South Dakota is Native American it is high time to review and revamp the justice system especially since Native Americans make up only 10 percent of the total population of the state.

Patrick Lee served as Chief Judge on the Pine Ridge Reservation in one of the toughest courts in South Dakota. He had to learn to balance all of the Lakota factors that had to be considered when meting out the dictates of the law. Abourezk has served as a judge on the reservation and has had to walk a tight rope at times. Tatewin Means, a Lakota lady, helped set up the Supreme Court on the reservation.

Terry Pechota has served as lead attorney on many cases involving tribal individuals and tribes.

We are sure there are other Native American attorneys in South Dakota that we have not mentioned, but we know they are out there. All of the nine reservations in South Dakota have tribal courts. There are tribal attorneys, often without law degrees, and tribal attorneys with law degrees, but all are doing the job of meting out justice.

African Americans, Latinos and Asian Americans took upon themselves to make sure that members of their races were included whenever it came time to find a judge. They began to sit on the benches and bring some semblance of realistic justice to members of their race.

And that is a key point. How many white judges know what it is to grow up on an Indian reservation, to be forced into boarding schools where the abuse of Indian children was horrific? The trauma suffered by so many Indian children for the loss of their culture, religion and freedom was, in some cases overwhelming and only another Indian subjected to the same trauma would understand these things.

So there you have it. We believe it is high time to open the doors of the court houses in South Dakota to be inclusive of the Native Americans. We believe it is something that Justice Zinter would have found to be appropriate at this time and place in our history. It’s up to Gov. Daugaard and our next governor to start this process from the top down.

There will never be equal justice in South Dakota until the courts become all-inclusive.

Tim Giago was born, raised and educated on the Pine Ridge Reservation. He is the recipient of the H. L. Mencken Award from the Baltimore Sun, the Honor Award for Distinguished Service to Journalism by the U. of Missouri School of Journalism and the Golden Quill Award from the International Society of Weekly Newspaper Editors. He can be contacted at najournalist1@gmail.com.