By Joe Morey News Editor
The Lac Courte Oreilles Tribal Governing Board (TGB) recently hired long-time public defender in Sawyer County, James McLaughlin, to be the Tribe’s first-ever LCO Public Defender.
The hiring was on a six-month basis at which time his contract would be reviewed. There were some concerns among TGB members regarding past state public defenders and their past representation for tribal members, and whether they had our people’s best interests in mind.
Some examples were given whereby state public defenders and the district attorney seemed to work together to fine or probate tribal members with plea bargains rather than seek to vigorously defend them.
The hope of TGB members expressed at the meeting where McLaughlin was hired is that being specifically hired by the Tribe rather than the state of Wisconsin, he would work more diligently for tribal members.
It was announced in February of this year that LCO Secretary-Treasurer Bill Trepanier had attended a Bureau of Indian Affairs (BIA) meeting in the Twin Cities where he requested over $300,000 in funding that would help the Tribe hire a Public Defender to represent tribal members in Sawyer County Circuit Court. Those funds were awarded to be used to hire the public defender, a bailiff for Tribal Court, and two deputy clerks. He said the funding would pay for four positions. This would be 2024 funding and fall under the Tribal Court budget.
McLaughlin will not only defend LCO tribal members in Circuit Court, but also for smaller offenses and civil situations in the LCO Tribal Court.
McLaughlin will be able to provide legal representation/ legal services for enrolled LCO Tribal Members in WI State Circuit Court(s) (e.g., litigation, negotiations); with an emphasis on defending criminal cases.
“This is so important for our membership to be represented fairly in county or tribal court,” Trepanier said. “For far too long we’ve been relying on a state-appointed public defender system that hasn’t served our people well. They’ve had a high caseload in the County court and because of that, they can’t pay attention to or serve our needs. Now with our own public defender, they will serve only our members.”
Trepanier previously served as LCO Tribal Court Commissioner before being elected to the TGB in June of 2023 and said that during his time in the court, he saw the need for a public defender and believes that LCO members will feel better about going into County court.
LCO TGB member Don Carley said he has been advocating for a public defender for many years.
“I’m hoping this will help our tribal members as it will be a huge benefit to them as they go into court in Sawyer County and here at LCO,” Carley stated. “They don’t know procedures. They’re scared when they go to court, and no one is there to look out for their interests. This will have an immediate impact on our people.”
History of LCO Need
In early 2021, the Lac Courte Oreilles Tribal Governing Board (TGB) established the need for Tribal Members to have representation in Tribal Court. They had a constitutional right, but more than that, TGB saw the need to uphold member’s rights for our traditions and customs to be allowed.
In May of 2022, the TGB made a motion to direct the LCO Legal Department to do the research and establishment of a Public Defender’s office that would not only serve LCO Tribal Members in Tribal Court, but also serve their needs for fair representation in the Sawyer County Court System.
The TGB tasked Legal to look into staffing needs, office space, funding and to make sure the Public Defender would operate independently of the LCO Legal Department.
The need became apparent in recent years with overcrowded jail populations in Sawyer County, whereby LCO Tribal Members made up nearly 75% of that population at times. The TGB decided that Tribal Members needed better representation, which was oftentimes lacked.
It was revealed to LCO News that some felt there was an overzealous prosecution of tribal members in comparison to non-tribal members at the county court level followed by inadequate defense of the members from the state public defenders, thus establishing an immediate and quick need for the Tribe’s own Public Defender’s Office.
“One of the main reasons for the high numbers in the court system is that our people have failure to appears, so it’s important that we have close proximity to Namekagon Transit and to the Reservation,” the Legal Department stated.
It was also explained that access by Zoom is being looked into. Other items being researched are the need for a paralegal investigator, coordination with the state public defender and working with the Office of the Inspector General (OIG) on the current need.
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