White Earth Reservation

United States to Assert Concurrent Criminal Jurisdiction over White Earth Reservation

Matthew L.M. Fletcher1 Comment
First Assumption of Federal Jurisdiction Under Historic Tribal Law and Order Act
The Department of Justice has granted a request by the White Earth Nation for the United States to assume concurrent criminal jurisdiction on the 1,300 square mile White Earth reservation in northern Minnesota, Deputy Attorney General James M. Cole announced today.
The decision was the first action of its kind under the landmark Tribal Law and Order Act of 2010 (TLOA), which granted the Justice Department discretion to accept concurrent federal jurisdiction to prosecute major crimes within areas of Indian country that are also subject to state criminal jurisdiction under Public Law 280. Public Law 280 is the 1953 law that mandated the transfer of federal law enforcement jurisdiction for certain tribes to six states, including Minnesota. The decision, relayed yesterday in a letter to the tribe signed by Deputy Attorney General Cole, will take effect on June 1, 2013. Tribal, state, and county prosecutors and law enforcement agencies will also continue to have criminal jurisdiction on the reservation.
“Our goal in granting this request is to strengthen public safety and security for the people of White Earth,” said Deputy Attorney General Cole. “We look forward to partnering with the tribe and our state and local counterparts to support White Earth in ensuring justice on the reservation.”
“The public safety challenges facing our tribal communities are serious and complex,” said U.S. Attorney for the District of Minnesota B. Todd Jones. “The United States Attorney’s Office will continue working closely and collaboratively with our tribal and local partners towards our common goal – improving public safety. It is our hope that with the additional jurisdiction, our Office will be able to support our tribal and county partners for the benefit of all communities.”
The Department of Justice already has jurisdiction to prosecute crimes such as drug trafficking and financial crimes wherever they occur in the United States – including on the White Earth reservation. The change announced today will expand this existing jurisdiction on the reservation to allow federal prosecution of major crimes such as murder, rape, felony assault and felony child abuse.
The decision followed careful consideration of the request and information provided by the White Earth Nation, as well as by the Justice Department’s Office of Tribal Justice, the Executive Office for United States Attorneys, the U.S. Attorney’s Office for the District of Minnesota, the FBI, the U.S. District Court, state and local law enforcement partners and other sources.
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Minnesota COA Decides PL 280 Case Involving DUI on White Earth Reservation

Matthew L.M. Fletcher1 Comment

Here is the opinion in State v. St. Clair:

State v St Clair

An excerpt:

In December 2011, a state trooper observed a vehicle traveling at 65 miles per hour in an area on the White Earth Indian Reservation where the speed limit was 55 miles per hour. The trooper initiated a traffic stop and identified the driver of the vehicle as appellant Linda Jane St. Clair. The trooper noticed that appellant’s driver’s license had an ignition-interlock restriction and asked her if an ignition-interlock device was installed in the vehicle she was driving. Appellant explained that the vehicle belonged to her husband and did not have an ignition-interlock device. The trooper cited appellant for violating her restricted license by driving a vehicle without an ignition-interlock device. See Minn.Stat. § 171.09, subd. 1(g). Appellant has six prior driving-while-impaired (DWI) convictions.
Appellant moved to dismiss the charge, arguing that the district court lacked subject-matter jurisdiction because she is an enrolled member of an Indian tribe and the offense occurred on her reservation. The district court denied the motion, determining that the state has subject-matter jurisdiction because a violation of Minn.Stat. § 171.09, subd. 1(g), is criminal/prohibitory.
The parties signed a stipulation in which appellant waived her trial rights and agreed that the district court could consider the law enforcement reports and her White Earth Reservation enrollment card. Based on the stipulated evidence, the district court determined that the state had proven beyond a reasonable doubt that appellant was guilty of violating Minn.Stat. § 171.09, subd. 1(g). This appeal follows.