I
recently returned from spending time at Standing Rock as a legal
observer. The experience was nothing like I anticipated and yet one of
the most important experiences of my life. I woke each morning and went
to sleep each night to prayers, songs, stories and drumming. But my day
also began and ended with the constant hum of surveillance planes and
helicopters circling the camp—taking pictures, as well as intercepting
and interfering with communications. I drove through police barricades,
past Bureau of Indian Affairs (BIA) command centers and DAPL mercenaries
with cameras, guns and who knows what else aimed at me. I prayed each
day that the snipers perched in the nearby prairie didn’t determine it
was a good day to fire.
None of that deterred me from my purpose—to assist the efforts of the
Water Protector Legal Collective (WPLC, formerly the Red Owl Legal
Collective), to interact with individuals within the camp and to listen
and record the stories of water protectors. None were easy to hear, but
all shared a common theme of increased, indiscriminate, and excessive
use of militarized force against a Native community and its allies.
These, and subsequent stories, highlight the extent of force and
intimidation used: security dog attacks, tear gas and mace, sound
cannons and flash-bang grenades, armored vehicles, rubber bullets and
snipers. Once arrested, the individuals face strip searches, being kept
in pens resembling dog kennels, the ransacking of impounded cars,
personal property “lost,” and sacred items destroyed. More recently, the
WPLC reports,
“a dumpster-load of seized property was recovered at a Bureau of
Indian Affairs checkpoint . . . When protectors returned for their
things, they found sacred item after sacred item had been defaced, with
apparent intentionality. One item, a bull skull, had its horns snapped
clean off.”
All contribute to the ongoing civil, human and religious rights
violations endured by the water protectors. The next front-line for some
of them will be in courtrooms, first to defend themselves from criminal
complaints and then to hold authorities accountable for human and civil
rights violations.
That’s where we attorneys come in. Last week I came upon a posting
from a former tribal official relaying a request for attorneys to come
to Standing Rock. I reached out and we met for lunch to talk about my
experience and what the attorneys are responding to.
As we talked about our shared concern for the escalation of violence
and aggression perpetrated against the water protectors, the reality
sank in that Indian country has few points of reference in the 21st
century for mass demonstrations of this scale. How can tribes support
the legal needs of the water protectors? What can attorneys within
Indian country do to confront the challenges and obstacles people on the
ground are up against? While the path is not entirely clear, there are
some measures that tribal leadership can take to attract and support
legal assistance. The list below can point us in the right direction.
Send up a flare.
One initial step tribes can take is to reach out to in-house counsel,
contracted law firms, tribal judiciaries, tribal bar associations, and
any other attorneys within their community to find willing and
experienced volunteers. With the escalation of force and mass arrests
since I left, legal representation, jail support and legal observers are
as crucial as ever.
Take stock of available resources already on hand.
In partnership with the National Lawyers Guild (NLG), the WPLC pro
bono attorneys and legal workers maintain a regular legal presence in
the camp. The NLG is working to identify and place experienced legal
observers on the ground. Attorneys should contact the NLG to let them
know they are willing to travel to Standing Rock as a legal observer.
Even if the attorney is not experienced, but willing to volunteer, he or
she should contact the NLG. They and the Civil Liberties Defense Center
offer training and other resources for potential legal observers.
Support attorneys willing to serve.
There are several ways a tribe can support an attorney willing to serve as a legal observer:
(1) Authorize time away from the tribe’s legal activities. If the
attorney is an employee, this could be simply paid time away, but more
important, allowing the attorney to solely focus on their role in
providing legal support to the water protectors without worry about work
back home.
(2) Provide financial or other resources for the journey. This might
include items necessary for their stay, such as a winter tent, travel
trailer or hotel room, winter clothing or other winter camping
essentials (wood, propane, etc.).
(3) Provide support in case of arrest or detainment. Current police
tactics include targeting and arresting legal observers, medics, and
journalists. Should that happen, a tribe could provide the necessary
support for an attorney’s release.
Donate to legal funds.
Tribes may also provide direct donations for legal support to the
Water Protector Legal Collective. The
Sacred Stone Legal Defense Fund is also online. Direct contributions can be made via
PayPal.
This fund is restricted to the direct support of those arrested—bail,
fines, court costs, vehicle impoundment, defendant travel, and attorney
fees.
Bring in criminal defense attorneys.
With the rising number of arrests and the propensity of officers to
charge felony offenses, there is a substantial need for criminal defense
attorneys. If attorneys are licensed in North Dakota, or willing to
become licensed in North Dakota, they should contact the WPLC to
coordinate their services. Tribes can offer support by providing
financial or other resources that will allow the attorney to provide
criminal representation, including licensing fees where needed, travel,
personnel costs, etc.
Make a game plan for responding to future legal challenges.
Finally, how does Indian country respond to the future legal
challenges? This includes finding experienced attorneys in the human,
civil, cultural and religious rights of Indigenous Peoples and bringing
them to the table with others presently involved. Some of this will
undoubtedly take form as class-action lawsuits. This is a crucial piece
of building that capacity within Indian country. We are going to face
future challenges beyond Standing Rock. For those specialists who have
devoted their entire career to Indian country, now is the time to step
up and add your knowledge and experience to the process. Efforts are now
under way to connect Indian country attorneys to the public and
environmental interest groups currently assisting the legal needs of the
Water Protectors. Reach out to me if you wish to be a part.
Stay centered, and keep heart.
Our support is greatly needed, and there are things we can and must
do from within Indian country. While battles will play out in western
courtrooms, the issues are at the heart of who we are as Native people. I
encourage attorneys to engage, especially those of us whose livelihood
comes from working with and for tribes. The journey will be long, but we
have some of the most capable people to rise to this call.
