Washington COA Decision Involving Tribal Immunity from State Criminal Subpoenas

Here is the opinion in State v. Youde:

Washington COA Opinion

An excerpt:

This case involves a prosecution for delivery of marijuana. The investigating agency was the police department of the Tulalip Tribes. The Tribes asserted sovereign immunity in response to a defense subpoena for information the Tribes deemed immaterial. Recognizing that a sovereign entity is not subject to compulsory process, the superior court quashed the subpoena. The court then granted the defendant’s motion to dismiss the prosecution under CrR 8.3(b). The State appeals the dismissal. We hold the court abused its discretion by dismissing the case without first determining whether the subpoenaed information was material. Because the record does not support a finding of materiality, we reverse the order of dismissal.

Briefs are here:

State v. Youde–Washington Trial Court Holds Law Enforcement Cooperative Agreement Does Not Waive Tribal Immunity

Here are the materials, which involved an effort by a state criminal defendant arrested on Tulalip Tribes territory to subpoena tribal records (the Tribes appeared to have argued they had no relevant records):

State v. Youde, Order Quashing Subpoena

Youde Memorandum of Authorities 092711

second Response to Objection to SDT

Schakel Declaration re Youde case 092611

091104Snohomish County & Tulalip Agreement