How I Became an Indian-Part III

The court clerk took her time and carefully reviewed every page, with her stamp in hand. I held my breath, hoping that I had created a flawless petition. She then asked, "Did you do this yourself?" I hesitated and said that I did.  "This is very good! Very good!" she said.  I waited to hear her say that there was a problem, but she didn't!

She began stamping it with a case number and commented again. "You know" she said, "you did a great job on that, but you really didn't need to go to all that trouble!"

I looked at her curiously and asked what she meant. She then said, "You could have just written the judge a letter and he'd have granted your request!"  Now you tell me!  All this work and I could have just written a simple letter?

The clerk told me it would take several weeks for the judge to review my petition and approve it, then she would call me when it was finished. She said that once the judge approved it, I would have to have the "court order" prepared for the judge's signature.

Court Order? I did good just pulling that petition together! How does one do a court order? At that point I decided it was time to hire a lawyer but settled for a paralegal.

A few weeks later, the court clerk telephoned to say the judge had granted my petition and was awaiting the court order. I let the lawyer handle it from there. In a few short weeks I had my "court ordered" original birth certificate in hand!

I was somebody! Officially me!

I sent off my papers to the tribal headquarters and waited patiently. In November 1992, I received my blood quantum and tribal membership cards from the Cherokee Nation, signed by Principal Chief Wilma Mankiller, herself!

Because of this experience, I am much more appreciative of the fees lawyers demand! I learned a lot about the legal system and researching in law libraries.

But, please don't ask me to help you get your birth certificate, unless your situation falls under the Indian Child Welfare Act.

In that case, I'd be glad to write you a quick letter to the judge!

Better yet......pay the lawyer!