U.S. Magistrate Judge Raymond Erickson took the request under advisement Wednesday. Prosecutors say that if Finn and the Leech Lake official filled out applications to cover legal expenses, they would have made admissions relevant at trial. They were indicted in August on charges of bid-rigging related to construction of Shooting Star Coasino in Mahnomen. The official apparently broke no laws by authorizing their bands to compensate them for legal expenses, but their actions outrages some tribal members. Governments typically indemnify officials and employees against the cost of defending themselves from lawsuits.
Governments sometimes pay legal fees for their officials or employees in criminal cases.
However, secrecy, timing and other factors add an unusual twist to the tribal ordinances that authorize payments for legal fees. The White Earth Tribal Council passes its ordinance after the federal grand jury investigation into reservation corruption had begun.