A tribal court judge has dismissed a lawsuit brought against the Sault Tribe Board of Directors that would have cancelled the upcoming tribal election and install former board member DJ Hoffman as chair. The written opinion, dated Nov. 4, 2022, by Tribal Court Judge Jocelyn K. Fabry explained that because the Board had determined the Tribe’s laws required and permitted the members to vote on a Chairperson, the Court did not have authority to stop the members from voting.
The lawsuit stems from Mr. Hoffman’s disagreement with a decision by the Board, issued on September 13, 2022. In that decision, the Board reviewed Tribal statutes that state members have the right to vote for a new Chairperson before the Board can install a new Chairperson. That law also states that a vote by membership is not required after a notice of regular election is already posted.
The Board reviewed that law and determined that the only time the members do not get to vote for a Chairperson is when a notice of regular election for the Chairperson’s position has already been posted. In that one narrow situation, the Board has the power to appoint a Chairperson for the short period of time until the already scheduled election for Chairperson is completed.
Mr. Hoffman, who recently lost his own Unit reelection bid, asked the Tribal Court to cancel the vote by the members and to “re-install” him as Chairman for two years. This action was taken even though the Board had already determined that he had not been lawfully installed and that a Chairperson could not have been lawfully installed until the members voted.
“The Tribe’s Court held that the Board, not the Court, has the final say on whether the members get to vote for Chairperson. As a result, the upcoming special election on Dec. 7 will go on as planned,” said Josh Hovey, spokesperson for the Sault Tribe.
Mr. Hoffman has appealed the decision to the Tribe’s Court of Appeals.
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