State v. Jim

Washington SCT Holds that State Has No Jurisdiction over Off-Rez

Matthew L.M. Fletcher1 Comment

Opinion here:

84716-9opinion

Briefs are here.

Briefs in Washington SCT Case Involving State Criminal Jurisdiction over Off-Rez Treaty Fishing Grounds

Matthew L.M. Fletcher1 Comment

Here are the materials in State v. Jim:

Jim COA Opening Brief

Washington COA Response Brief

Jim COA Reply Brief

Washington Petition for Review

Jim Answer to State Petition for Review

Washington Supplemental Brief

Jim Supplemental Brief

Umatilla/Nez Perce/Warm Springs/Yakama Amicus Brief

The appellate decision is here: 230 P.3d 1080

Washington COA Holds State Has No Criminal Jurisdiction over Off-Reservation Treaty Fishing Areas

Matthew L.M. Fletcher

Here is the opinion in State v. Jim.

An excerpt:

Lester R. Jim, an enrolled member of the Yakama Nation, appeals a superior court decision reversing the district court’s dismissal of his fishing citations for lack of jurisdiction over the Maryhill Treaty Fishing Access Site (MTFAS). This court granted Mr. Jim discretionary review. We reverse the superior court because the State of Washington lacks jurisdiction to cite Mr. Jim at the MTFAS.