PL 280

White Earth Band Chippewa Drafting New Criminal Code

Matthew L.M. Fletcher

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.

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).

Fineday v. Roy — Minnesota PL280 Jurisdiction over Child Support

Matthew L.M. Fletcher

The Minnesota Court of Appeals in Fineday v. Roy (unpublished) held that state courts have jurisdiction over reservation Indians in child support cases. From the opinion:

Andy Joseph Roy is an enrolled member of the White Earth Band of Indians. He and Larissa Pauline Fineday have two children and live on the White Earth reservation. Fineday receives public assistance from the state. The county commenced an action to enforce Roy’s child-support obligation as a means of obtaining reimbursement for the public-assistance benefits. Roy moved to dismiss the action for lack of subject-matter jurisdiction, but the district court denied the motion. We conclude that the district court had subject-matter jurisdiction over the county’s action and, therefore, affirm.

Minnesota v. Davis — Minn. Ct. App. Decision on State Criminal Jurisdiction

Matthew L.M. Fletcher

The Minnesota Court of Appeals issued an unpublished decision in State v. Davis, affirming state criminal jurisdiction over an Indian for an off-reservation crime.

Here is the opinion.