2 attorneys on Sho-Ban Tribes General Election ballot
From left, SBT tribal attorneys Monte Gray and Bill Bacon
By LORI ANN EDMO
Sho-Ban News
FORT HALL — Two attorneys who represent the Shoshone-Bannock Tribes on legal issues are on the May 26 Tribes General Election ballot.
Both lead general counsel Bill Bacon and attorney Monte Gray are asking for approval to remain as tribal attorneys.
Gray said he attended the Ross Fork and Gibson District meetings, along with Lincoln Creek on Wednesday evening.
He handed out attorney work summaries that highlight major cases for himself and Bill Bacon.
Gray said in 2016 when he was first on the ballot, the Fort Hall Business Council at the time advised he wouldn’t have to be voted on again unless he received a pay raise. He’s currently on the Tribes executive pay scale grade 13 at $73.50 an hour plus he receives health benefits, retirement, annual and sick leave. He hasn’t negotiated for a rate for a contract but compared to outside counsel they generally get $300 an hour.
He said the original agreement was to be an employee. His rate is four and half times cheaper and there’s a guarantee of stability.
According to his work summary his total case files are 1400 from August 2015 to the present. He said he has a strong win record and many millions of dollars recovered for the Tribes. No losses since working for the Tribes, and better than 90% career win rate for cases going to trial or evidentiary hearings.
The work summary said he successfully negotiated with HUD to allow financing for residential homes for Tribal members on 184 loan program guarantees. Helped facilitate the creation of Pahsimeroi Capital, Inc. a nonprofit corporation aimed at improving housing opportunities to members and increasing acquiring land for the Tribes. Regarding Shoshone-Bannock Tribe (SBT) vs. AT&T: Trespass Violation and ROW Violation 2 Court Actions – recovered fines and changed perpetual right-of-ways on tribal lands to term leases and recovered monies for both fines and right-of-way.
He represented the Tribes in case against VW related to diesel engine fraud which recovered over $1 million for the Tribes. In SBT vs. USA, Blackrock Land Exchange – lawsuit to stop expansion of Superfund site by Simplot and protect tribal rights in ceded territory. He worked on comment letter to Environmental Impact Statement (EIS) that set forth claims we are utilizing in lawsuit.
Gray said he assisted in off reservation hunting and fishing rights in Wyoming vs Herrera – he worked a briefing for Supreme Court Amicus Brief – went to U.S. Supreme Court for argument. Helped in the creation and operation the Shoshone-Bannock Community Development Financial Institution (CDFI). Concerning the HRDC collapse he settled $3.3 million to improve recovery damage to facility from $1.2 million. Multiple Power Line Right-of-Way Negotiations with Rocky Mountain and Idaho Power. Currently working on agreement at $11 million for 20 years when prior agreement for same stretch was only for $39,000 for 50 years.
Gray said he negotiated and facilitated purchase of thousands of acres of land for the Tribes, including lands off reservation which improve off-reservation hunting and fishing rights (Pahsimeroi River property). Filed complaint for civil rights violation against the City of Pocatello for improperly discriminating against the Tribes in their lease contracts at the airport and obtained favorable decision requiring the City of Pocatello to remove the provisions from their lease agreements. He’s done contract reviews and construction contract reviews.
Bill Bacon
Bill Bacon said he’s been doing the work forever and wants to do it for another five years then pull the plug. “I enjoy helping people and get paid well enough to pay my bills.” He said his pay is around $95 per hour plus benefits. He said outside attorneys get $350 an hour and the council passes a budget for them that range from $200,000 to $500,000 a year.
Bill Bacon summary worksheet said he’s never lost a case in 20 years and he’s recovered more money for the Tribes than any other attorney (more than $200 million to date.) In lifetime the summary says it’s almost $250 million.
He appeared as an attorney of record in the United States Supreme court case that abrogated (overturned) Ward v. Racehorse. Racehorse was a 1896 United States Supreme Court case that ruled the Fort Bridger off reservation treaty right terminated upon statehood. The SBT could not legally hunt, fish, or gather off the reservation between 1896 and 1976 (Idaho Supreme Court Tinno case).
Bacon said he’s successfully defended the SBT right to game in several challenges in the Idaho Supreme Court.
He’s won a multi-million-dollar fuel tax case against the state of Idaho protecting tribal sovereignty.
He was counsel in the FMC case that upheld a judgment for $1.5 million a year for FMC to store its hazardous waste within the reservation. The waste is reactive for 10,000 years. FMC is also the only case in U.S. history that met both Montana non-Indian jurisdictional tests.
Bacon said he’s a member of the United States Supreme Court Bar Association. In 2020 he was ranked as one of the most honored attorneys in the United States and in the top 5% of all attorneys in the United States. In 2023 Received the Martindale-Hubbell Distinguished Attorney award for having very high legal ability and ethical standards.
