We previously reported the Minnesota Supreme Court decision, State v. Losh, which upheld state jurisdiction over traffic offenses in Minnesota, a PL 280 state. Here are the briefs:
Criminal
White Earth Band Chippewa Drafting New Criminal Code
From the Minn. Star-Tribune:
WHITE EARTH, Minn. – Tribal leaders of the White Earth Band of Chippewa are writing a new criminal code to replace state law for members of the band.
The White Earth Reservation crosses three counties. That means three sheriff’s offices are responsible for law enforcement on the northwestern Minnesota reservation. Over the years, the agreement has caused tension between county and tribal governments.
White Earth Tribal Chairwoman Erma Vizenor says relying on counties for law enforcement has compromised public safety on the reservation.
“It all depends on the political whims of a sheriff or county commissioners. Our people deserve better than that,” Vizenor said.
Nevada v. United States — Habeas Claim re: Tribal Court Convictions
A federal prisoner’s challenge to an upward departure from the sentencing guidelines based on past tribal court convictions was rejected.
Amber Halldin on Tribal Civil Responses to Non-Indian Violence Against Women
Amber Halldin (my former student at UND!) has published “Restoring the Victim and the Community: A Look at the Tribal Response to Sexual Violence Committed by Non-Indians in Indian Country through Non-Criminal Approaches” in the North Dakota Law Review. An excerpt:
This article will examine how tribes respond to non-Indians that commit sexual violence against Native people in Indian country. Jurisdictional issues create particular problems for tribes to remedy the violence committed in their communities, because tribes are often forced to rely on non-criminal prosecution remedies. Through the use of traditional tribal punishments and newly developed tactics, Indian tribes are working towards better protecting their members despite federal law barriers.
The US Attorneys Report Commentary
The release of the DOJ Office of Inspector General Report on the firing of the nine US Attorneys for improper (maybe illegal) reasons is a bit of a let-down for Indian Country observers. The report demonstrates the limits of the OIG’s investigation, and perhaps other investigations like it.
However, a close reading of the document demonstrates that Indian Country work may in fact have been a significant contributor to the downfall of at least one US Attorney, Margaret Chiara, but not exactly in the way we previously thought.
Two areas of concern about the report:
First, other than a brief mention in the chapter about Paul Charlton (D. Ariz), there is very little information about the import of Indian Country in these firings. More than half of the fired US Attorneys had significant responsibilities in Indian Country, from federal prosecutions to investigations of voter fraud to compliance with the Adam Walsh Act to US-Mexico and US-Canada border questions. These fired US Attorneys also represented the forefront of modern US Attorney practice in terms of cooperation with Indian tribes, extending respect and dignity to Indian victims and violent crime, and raising federal awareness of the criminal jurisdictional problems in Indian Country.
This report fails to address the very real and very obvious concerns of Indian Country by virtually ignoring these questions. There seems little doubt that AG Gonzales and the politically-charged Executive Office of US Attorneys saw no value whatsoever in the development of US-tribal law enforcement gains. While the OIG could not prove that these Indian Country US Attorneys were fired because of their positive and progressive work in Indian Country, the implication remains.
US v. Newell — DCT Refuses to Dismiss Indictment Against Former Passamaquoddy Governor
I guess the heading says it all — Robert Newell was indicted for misappropriating federal money while governor of the tribe. His arguments on the motion to dismiss were based in federal Indian law; i.e., sovereign immunity, federal government failure to comply with PL 638. etc.
Tribal Law Cannot Preempt Federal Criminal Laws in Smokeshop Case
The Ninth Circuit held in an unpublished opinion, United States v. Mahoney-Meyer (here), that compliance with tribal law cannot excuse a violation of federal cigarette trafficking laws.
Minn. S. Ct. on PL280 Jurisdiction over Traffic Offenses
The Minnesota Supreme Court upheld (4-2) state court jurisdiction over a conviction for driving without a license in State v. Losh. Here is the court’s syllabus:
1. For the purposes of determining whether the State has subject-matter jurisdiction, pursuant to Public Law 280, to prosecute a tribal member who commits the offense of driving after revocation of a driver’s license, in violation of Minn. Stat. § 171.24, subd. 2 (2006), on tribal land because that offense is criminal/prohibitory, a court may consider the underlying basis for the revocation to determine whether the driving after revocation offense raises substantially different or heightened public policy concerns.
2. Driving after revocation of a driver’s license, in violation of Minn. Stat. § 171.24, subd. 2, is criminal/prohibitory when the underlying basis for the revocation was driving while impaired, based on a violation of Minn. Stat. § 169A.20, subd. 1 (2006), or a failure of a test administered under the implied-consent law pursuant to Minn. Stat. § 169A.52, subd. 4 (2006).
Senate Hearing on DOJ/US Attorney Declinations in Indian Country
From the SCIA:
Here is the witness list and links to written testimony:
Panel 1
THE HONORABLE DREW WRIGLEY
U.S. Attorney for North Dakota, U.S. Department of Justice, Washington, DC
MR. W. PATRICK RAGSDALE
Director, Office of Justice Services Bureau of Indian Affairs, U.S. Department of the Interior, Washington. DC
Panel 2
MR. THOMAS B. HEFFELFINGER
Partner, Best and Flanagan, LLP, Minneapolis, Minnesota
MR. M. BRENT LEONHARD
Deputy Attorney General. Confederated Tribes of the Umatilla Indian Reservation, Pendleton, Oregon
MR. JANELLE DOUGHTY
Director, Department of Justice and Regulatory, Southern Ute Indian Tribe. Ignacio, Colorado
THE HONORABLE THOMAS W. WEISSMULLER
Board Member and Tribal Representative of the National Criminal Justice Association and Chief Justice of the Mashantucket Pequot Tribal atio”, fashantucket, Connecticut
Biden Promises More Justice on Reservations
Biden promises more justice on reservations
By JODI RAVE of the Missoulian
KALISPELL – On Sunday, Democratic vice-presidential nominee Sen. Joe
Biden said an Obama-Biden administration would increase federal
prosecutions in Indian Country and strengthen tribal court
jurisdiction over crimes occurring within reservation borders,
regardless of the race of the criminal.
“There will be a much, much, much heightened sensitivity to
legitimate causes within reservations that, quite frankly, we’ve just
been taking advantage,” said Biden, author of the 1994 Crime Bill.
Tribal justice systems “should have greater say. I tried to get that
in the original crime bill when I wrote it. I find it absolutely
fascinating that we have this dual jurisdiction.”
Turtle Talk 
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