Tribal Secretary’s Recordkeeping Duty At Center Of UKB Court Hearing
By Staff Reports
TAHLEQUAH, Okla. — A hearing on a motion to dismiss a mandamus petition against a Tribal Secretary of the United Keetoowah Band of Cherokee Indians in Oklahoma was held July 6 in UKB District Court in Tahlequah, before Judge Charles Tripp.
The case, Candy Mink Springs Media LLC v. Caleb Grimmett-Smith, asks the court to compel Grimmett-Smith, the Tribal Secretary, to produce official records referenced in Resolution 25-UKB-42EV or certify under oath after diligent search that the records cannot be identified. Troy Littledeer, founder and publisher of Candy Mink Springs Media LLC and pro se Petitioner in the case, held the position of Media Director before Resolution 25-UKB-42EV eliminated it April 25, 2025.
Respondent’s counsel, Victoria S. Holland, an assistant attorney general for the Band, filed a motion to dismiss June 17 arguing sovereign immunity bars the petition and that it fails to state a claim. Grimmett-Smith did not attend the hearing. At the hearing, Holland also argued Candy Mink Springs Media LLC lacks standing to bring the petition because the company itself is not a UKB member.
Littledeer responded that UKB Courts Act Chapter Nine, which authorizes the writ, contains no membership requirement for a petitioner. Section 902 of the Courts Act states the writ may issue “on the information of the party beneficially interested.” Littledeer is a UKB Member and the sole member of Candy Mink Springs Media LLC.
Littledeer filed two notices with the court July 6, before the hearing. One identified three citation errors in Holland’s June 17 brief: Santa Clara Pueblo v. Martinez cited at 463 U.S. 49 instead of 436 U.S. 49; Michigan v. Bay Mills Indian Community cited at 72 U.S. 782 instead of 572 U.S. 782; and Cheney v. United States District Court for the District of Columbia dated 2024 instead of 2004. The notice states no allegation of intent.
The second notice corrected paragraph 5 of Littledeer’s own Affidavit of Material Facts, sworn in February 2026 and filed by Holland as part of Respondent’s Exhibit A. The notice states the affidavit quoted language from the 1950 Charter’s ratification clause and applied it to tribal officers, although the clause states it applies to officers and employees of the Interior Department.
Judge Tripp took the motion under advisement. No ruling was issued from the bench.
Under UKB Appellate Procedure Act Section 102(a)(iv), any party has 20 days from entry of a written order to file a notice of appeal.