Federal judge denies restraining order in Caddo dispute, hearing scheduled to continue April 30

ANADARKO, Okla. – A federal judge denied a claimant tribal leader’s request for an emergency restraining order against a BIA court Tuesday.

Citing the statutory limitations of the lower court, Brenda Edwards, one of two claimant chairmen of the Caddo Nation, filed for a emergency temporary restraining order last month with the Western District of Oklahoma against the Court of Indian Offenses at the Bureau of Indian Affairs’ Anadarko agency.

Re-elected as chairwoman last summer, Edwards was subject to a recall petition within weeks of taking office. Since then, the tribe has had two factions claiming to be its legitimate authority. One administration, currently led by Anthony Cotter, is working out of the Caddo Nation complex. The other, led by Edwards, is off-site.

As per federal statute, the Court of Indian Offenses cannot adjudicate election disputes, take jurisdiction over lawsuits involving the tribe or referee internal government disputes unless the tribe grants the court the authority to do so. The two governments have passed conflicting resolutions concerning the Court of Indian Affairs’ relationship with the Caddo Nation’s affairs. The Cotter administration has granted the court jurisdiction while the Edwards administration has filed paperwork to have the tribe removed from the court’s oversight.

Meanwhile, the Court of Indian Offenses is considering evidence to potentially issue a permanent injunction that would bar Edwards from conducting business on the tribe’s behalf. Judge Phil Lujan handed down a temporary injunction last month that, among other things, prohibits the claimant chairwoman from spending any tribal funds or grants.

Noting the restrictions on the BIA court in his April 1 order, District Judge Timothy DeGuisti pointed out that the Edwards administration is actively participating in the Court of Indian Offenses’ proceedings. “Plaintiffs continue to raise the jurisdictional challenge in the CFR (Code of Federal Regulations) proceedings and have the opportunity to obtain relief in that forum,” he wrote. “Plaintiffs also have the ability to seek to stay enforcement on injunctive relief ordered in the CFR proceedings. Thus, Plaintiffs are not without relief.

“At this early stage in these proceedings, Plaintiffs have failed to meet their burden of demonstrating that the requirements for issuance of a temporary restraining order…are met.”

With Edwards lacking access to the tribal complex for about six months, DeGuisti also noted that the court’s temporary injunction could not be the cause of immediate and irreparable harm to her authority and ability to act as the tribe’s chairwoman.

After an evidentiary hearing Monday on the injunction application, the Court of Indian Offenses amended the temporary order to allow Edwards to sign paychecks for the approximately 55 employees on her administration’s payroll. The hearing is scheduled to continue on April 30.

The initial injunction request before the lower court stems from a March 10 Caddo Tribal Council meeting affiliated with the Cotter government. Twenty-one tribal citizens – one more than the constitutionally-required minimum for quorum -- signed off on bringing a case forward to the Court of Indian Affairs.

Headquartered in Binger, the Caddo Nation has about 5,500 enrolled citizens.