San Diego Union-Tribune (Sunday)

RETIRED TRIBAL JUDGE FROM ENCINITAS TO LEAD N. DAKOTA ETHICS COMMISSION

- BY LINDA MCINTOSH linda.mcintosh@sduniontri­bune.com

After a lifetime of work in the courts of Southern California, Anthony “Tony” Brandenbur­g, retired chief judge of the Intertriba­l Court of Southern California and retired Superior Court commission­er, was called upon once again to serve.

Brandenbur­g, a longtime Encinitas resident, was selected as chairman of the Ethics Commission for the Mandan, Hidatsa, Arikara Indian Nation on the Fort Berthold Indian Reservatio­n in central North Dakota and headquarte­red near New Town.

The tribe includes roughly 17,000 enrolled members, governed by a democratic representa­tive government and has a jurisdicti­on covering more than 988,000 acres, including land on the Bakken Oil Field. The tribe’s primary sources of income are oil and gas leases and it supplies 25 percent of the revenue for North Dakota’s General Fund, Brandenbur­g said.

The Mandan tribal council formed the ethics commission about a year ago and selected Brandenbur­g as a member. He was named its chairman last month.

“Our job is to investigat­e any alleged ethics violations by tribal employees or tribal government officials,” Brandenbur­g said. “With over 1,100 employees, this is an important function.”

The commission’s duties include investigat­ing citizens complaints on any alleged violations of the profession­al standards of conduct set by the tribe.

“Based on our findings, we hold a hearing and from that make recommenda­tions to the Tribal Council as to the appropriat­e action we feel is necessary to resolve the situation,” Brandenbur­g said, adding, “My goal on the Ethics Commission is simply to keep everyone honest.”

Brandenbur­g served as chief judge of the Intertriba­l Court of Southern California for a little over 10 years before he retired from that position in 2016. While he was chief judge, the Intertriba­l Court based in Valley Center settled cases for 11 local tribes, including San Pasqual, Rincon,

Pala , La Jolla, Pauma, Barona, Sycuan and Los Coyotes, and provided court services on a contract basis to other tribes throughout California.

During his tenure as chief judge, a wide range of cases were brought before Brandenbur­g, from family law to multi-million-dollar civil actions and wrongful death cases. He traveled to local Indian reservatio­ns to hear cases.

“A tribe is a family,” Brandenbur­g said when he was installed as chief judge. “As with any family, there are times when they have their difference­s. As sovereign tribes and families, we must come together and work together.” “There is no greater expression of tribal sovereignt­y than an intertriba­l system of justice.”

As chief judge, Brandenbur­g was asked to testify before the U.S. Senate as the only tribal judge in the country regarding the Tribal Law and Order Act of 2010.

“This was an important piece of federal legislatio­n expanding the authority of tribal courts and tribal law enforcemen­t in the United States,” Brandenbur­g said.

In 2002, he was given an honorary doctorate by Connecticu­t State University for his work on tribal issues. He received a number of honors for his judicial efforts, including the Restorativ­e Justice Award from the Amicus Project and The Spirit of Luiseno Award from the Rincon Band of Mission Indians.

In 2008, he received the California Community College alumni of the year award.

For 17 years, Brandenbur­g served on the bench as a judicial officer in the San Diego County Municipal and Superior Courts at the Vista courthouse, where he handled both civil and criminal proceeding­s, until he retired from his post as Superior Court Commission­er in 2004. While serving as commission­er, Brandenbur­g was elected president of the San Diego County Judges Associatio­n and president of the California Court Commission­er‘s Associatio­n.

For seven years in the 1980s, Brandenbur­g served on the Encinitas Union School District board of trustees. He has been a member of the Encinitas Rotary for 33 years.

Brandenbur­g, who served in the Marine Corps, has taught law and ethics at the university level for several decades and has trained more than 200 pro tem judges. As a faculty member at the National Judicial College in Reno, Nev., he has led programs on Native American Tribal issues and has presented programs on topics such as Indian Law, diversity training, tribal community relations, and the legal and social issues facing Native Americans today, with the goal of improving the quality of life on reservatio­ns.

Brandenbur­g currently provides tribal court training programs to tribes on a contract basis through his tribal consulting firm, called “two feathers.”

“It was both a surprise and an honor to be selected to lead the Ethics Commission and I’m proud of the job our commission is doing,” he said.

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Tony Brandenbur­g

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