Did the Chairman and a Tribal Councilman violate the law by using their political influence to sway a custody case?

You decide!

During a child custody case in Tribal Court, a letter signed by Tribal Chairman Justin Gray Hawk and Tribal Councilman/tribal chairman candidate Bryce Kirk was presented to lay advocate Robert Welch. The letter was entered into court evidence in the case. It was printed on Fort Peck Tribal letterhead and was addressed to the father of the child in question. It threatened him with criminal consequences if he didn’t return his son to the reservation.

Such actions are forbidden under Fort Peck tribal law. A tribal government official is not supposed to attempt to influence court decisions. The law states that no member of the Tribal Executive Board shall practice before or in any mannter attempt to influence any decision of the Tribal Court or Court of Appeals during their term of office. Attempts to influence Tribal Court decisions shall be grounds for removal, according to the law.

In addition, Kirk was present at the hearing. Through is own words, he admitted to being at the hearing where access is limited.

History

This started last year.

According to the court of appeals decision on the case, Andrew Solomon and Amanda Azure had a child together, and they shared custody. Solomon said they had 50/50 custody until Azure filed for full custody in Tribal Court.

On September 6, 2024, Azure filed a motion to request emergency custody of the minor child because the father was moving out of state and she requested for primary custody.

Solomon received the motion via email on November 20, 2024 with a summons to appear in court on December 6, 2024.

At the hearing, Welch said Azure showed up with councilman Kirk, who said he was the childs uncle. He presented the letter to Welch and Solomon, who was there via speakerphone. Azure did not have legal representation and the court accepted the letter.

On February 26, 2025, the court issued an order granting full custody to Azure. In the order, the court indicated it reviewed and considered both motions and response and took testimony and evidence during the December 6, 2024 hearing from both the mother and father but determined it was in the best interest of the child to remain with the mother and she was given full custody.

The decision was appealed, and the appeal was denied by the Appellate Court.

In his appeal, Welch raised the issue of political interference but he was unable to support the allegation with evidence.

Violations

In Fort Peck custody hearings, parents, the child, and their legal counsel can be present. The court may also allow the presence of other interested parties such as social workers or a law student intern, but only with the court’s permission and if they meet specific requirements. 

As for the case in question, Kirk was present at the hearing. Welch stated that Kirk informed the court that he was the child’s uncle.

Several of Azures family members have come forward and stated that Kirk is not related to the child at all. They do attend the same church together.

Kirk admitted to this during the Tribal committee meetings.

According to minutes from the May 23, 2025, Constitutional Reform, Resolutions and Legislative Committee, Kirk shared and explained the reasoning behind him being at the custody hearing. He said he asked for permission from other council members first before he went and sat with someone who he is close with due to the situation of a kidnapping. He claimed he sat in there briefly and left.

Welch said that wasn’t the case and that he sat there during the entire hearing.

Kirk did not respond to email request for a comment.

As for the letter, the fact that it’s printed on tribal letterhead and signed by two tribal government officials gives an appearance of it being something official from the Tribal Executive Board, which is supposed to abstain from Tribal Court matters.

Gray Hawk did not respond to an email request for a comment.

Ironically, the same activity they have engaged in was what Kirk and Gray Hawk attempted to have councilwoman Stacey Summers removed in 2024. They accused Summers of interfering in a court case after being summoned into court on behalf of her grand daughter. Also, Kirk and councilman Lawrence Hamilton tried to bring ethics violations for being present in court, despite the fact that she was summoned to be there. Summers was eventually cleared of wrong doing.