State V LJM :: 129 Wn2d 386
Category: Tribal Issues
The State appealed the Appellate Court’s dismissal of defendant for lack of jurisdiction. The principle question before the Supreme Court was whether, in a case where the location of the crime is within the boundaries of an Indian reservation and the defendant identifies himself as a tribal member, the State’s burden of proof is greater than it would otherwise be on the issue of jurisdiction and whether that proof was satisfied. [at 387-88].
The Court of Appeals rejected the State’s jurisdiction based on its dissatisfaction that the title to the property on which the crimes occurred was adequately verified to be held in fee. [at 391]. The State argued that the State had jurisdiction because the crime had been committed in the State and that the State had submitted proof. [at 392, cite omitted].].
The defendant tried to cloud the issue by bringing up Indian lineage but was unable to produce evidence of tribal jurisdiction based on Indian status nor based on property title. [at 395-96]. The Washington Association of Prosecuting Attorneys (WAPA) “argued that in order to elevate the State’s burden of proof with respect to jurisdiction, a defendant must come forward with more than an assertion that he or she is a tribal member.” [at 393].
The Supreme Court, in unison, upheld the trial court’s decision as well as the State’s argument that the State had met the burden of proof of jurisdiction because the crime had been committed within the State boundaries.
The State has the responsibility to prosecute for all crimes against persons except for a very narrow window that the federal government has usurped with regard to Indians. This decision does not, however, resolve the dual citizenship of reservation Indians, but it does clarify some issues that have heretofore been clouded.
Rating the Usual Suspects:
| pass | Alexander, Gerry | |
| pass | Burchard Jr, John | |
| pass | Dolliver, James | |
| pass | Durham, Barbara | |
| pass | Guy, Richard | |
| pass | Hauge, Russell D | |
| pass | Johnson, Charles | |
| pass | Loginsky, Pamela | |
| pass | Madsen, Barbara | |
| pass | Sanders, Richard | |
| pass | Smith, Charles | |
| pass | Talmadge, Phil | |
| pass | Weber, Richard | |
| fail | Agid, Susan | |
| fail | Munson, Ray | |
| fail | Schultheis, John | |
| fail | Thompson, Philip | |
| fail | Weaver Jr, Thomas |