Minnesota Supreme Court

Minn. S. Ct. on PL280 Jurisdiction over Traffic Offenses

Matthew L.M. Fletcher1 Comment

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).

Greene v. Commissioner — Minn. Supreme Court Decision on Political Status Test

Matthew L.M. Fletcher

In an interesting decision, Greene v. Commissioner of the Minnesota Dept. of Social Services (opinion), and a 4-3 split, the Minnesota Supreme Court upheld a state law under Morton v. Mancari‘s political status classification. Justice Alan Page dissented, appearing to be shocked that Indians would be treated differently (both positively and negatively) under the political status test.

Here is the court’s syllabus:

1.     Minnesota Statutes § 256J.645, subd. 4 (2006), requires that a tribal member residing in the service area of a federally recognized tribe, which provides employment services under an agreement with the State of Minnesota, receive employment services through the tribe and is subject to sanction for refusing to participate in those services.  Under Minn. Stat. § 256J.57, subd. 1 (2006), a tribal member has the right to show good cause for failing to participate in the employment services through the tribe.
2.     Because Minn. Stat. § 256J.645, subd. 4, neither burdens a fundamental right nor involves a suspect classification, rational basis review is the appropriate level of scrutiny to apply to an equal protection challenge under the United States and Minnesota Constitutions.
3.     Minnesota Statutes § 256J.645, subd. 4, satisfies rational basis review under the United States and Minnesota Constitutions.

McIntosh County Bank v. Dorsey & Whitney — Minn. Supreme Court

Matthew L.M. Fletcher

The Minnesota Supreme Court reversed an intermediate appellate court decision finding Dorsey & Whitney liable to third party banks in a transaction involving a loan to the St. Regis Mohawk Tribe’s failed casino venture.

Here is the opinion.

Here is a video of the oral argument.