Arizona: Assumption of jurisdiction only over air and water pollution. Florida (Full assumption of criminals and civil jurisdiction): Big Cypress (Seminole). Brighton (Seminole). Idaho: Assumption of jurisdiction in the following areas: Compulsory school attendance; Juvenile delinquency and youth rehabilitation; Dependent, neglected, and abused children; Insanities and mental illnesses; Public assistance; Domestic relations; Operation and management of motor vehicle upon highways and roads maintained by the county, or State, or political subdivision thereof. Iowa: Limited criminal jurisdiction re Sac and Fox pursuant to act of June 30, 1948, ch. 759, 62 Stat. 1161. Kansas: No Jurisdiction. Crim. Juris. pursuant to act of June 8, 1940, ch. 276, 54 Stat. 249. Louisiana: No Jurisdiction. Maine: No Jurisdiction. Issue open to question, re federal recognition of previously only State recognized tribes. Michigan State asserts historically; no apparent legal basis. : Minnesota (Full assumption except for the Red Lake Reservation, and criminal jurisdiction has been retroceded over Bois Forte-Nett Lake Reservation): Fond du Lac Grand Portage Lower Sioux Mille Lacs Minnesota Chippewa Prairie Island Prior Lake (Shakopee) Upper Sioux White Earth Mississippi: (No Jurisdiction). Montana (Assumption of limited civil and criminal jurisdiction on Flathead Reservation in the following areas: Compulsory school attendance; public welfare; domestic relations (except adoptions); mental health and insanity; care of the infirm, aged, and afflicted; juvenile delinquency and youth rehabilitation; adoption proceedings (with consent of tribal court); abandoned, dependent, neglected, orphaned or abused children; operation of motor vehicles upon public streets, alleys, roads, and highways.) Nebraska (Full assumption or jurisdiction that criminal jurisdiction (excluding traffic) retroceded to Federal Government for Thurston County portion of Omaha Reservation): Omaha Santee Sioux Nevada: Ely Colony. New Mexico (No Jurisdiction pursuant to 280): Claim of criminal jurisdiction re particular felony crimes pursuant to New Mexico Constitution art. 19. sec. 14. No apparent legal basis to State claim. New York (No Jurisdiction). State jurisdiction pursuant to act of Sept. 13, 1950 ch. 947, 64 Stat. 845. North Carolina (Full jurisdiction assumed by State pursuant to citizens of state provision of the treaty of 1835, and by court decision Eastern Band of Cherokee v. US and Cherokee Nation, 117 U.S. 288 (1886): Cherokee (Eastern Band) North Dakota: Civil jurisdiction extended where tribe or individual Indian consents. No tribal consent-individuals have consent. Criminal jurisdiction on Devils Lake Reservation, pursuant to act of May 31, 1946, ch. 279, 60 Stat. 229. Oklahoma: No jurisdiction pursuant to PL 280. Jurisdiction exercised in all matters pursuant to various Federal statutes. Oregon (Full assumption of jurisdiction except for Warm Springs): Burns-Paiute Siletz Celilo Village South Dakota: (No jurisdiction). Attempt at assumption defeated in statewide referendum vote in 1966. Utah (No jurisdiction). State has passed a statute establishing tribal consent mechanism for assumption. Washington-Assumption of jurisdiction is piecemeal and varies per individual tribe: 1. State assumed full civil and criminal jurisdiction with respect to-Colville, Chehalis, Nisqually, Machleshoot, Quileute, Skokomish, Squaxin Island and Tulalip. 2. State assumed full criminal jurisdiction and civil jurisdiction on fee patented lands re Swonomish. 3. State has assumed Civil and criminal jurisdiction with respect to only nontrust land, in the following areas: Compulsory school laws; public assistance, domestic relations; mental illness; juvenile delinquency; adoptions of minors; dependent status; motor vehicle operations on public roads. On the following reservations: Hoh, Kalispel, Lower Elwha, Lummi, Makah, Nooksack, Port Gamble, Port Madison, Puyallup, Quinault; Shoal Water, Spokane. Retrocession of some with respect to Port Madison Reservation. Wisconsin-Full assumption of jurisdiction except that jurisdiction has been retroceded over the Menominee Reservation : Bad River Forest County Potawatomi Lac Courte Oreilles Lac du Flambeau Oneida Red Cliff Sokaogon St. Croix Stockbridge-Munsee Wisconsin Winnebago Mole Lake INDIAN RESERVATION MAGISTRATE CONCEPT CONCEPT AS CONSIDERED AT MARCH HEARING JURISDICTION AND POWERS SEC.-. Each U.S. Justice of the Peace serving under this chapter shall have within the territorial jurisdiction prescribed by his appointment: (a) All powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts. (b) The power to administer oaths and affirmations, impose conditions of release under section 3146 of title 18, and take acknowledgements, affidavits, and depositions; and (c) The power to conduct trials under section 3401, title 18 States Code, in conformity with and subject to the limitations of that section with respect to the following: (1) misdemeanors alleged to have been committed by an Indian against the person or property of a non-Indian within Indian country; (2) misdemeanors alleged to have been committed by a non-Indian against the person or property of an Indian within Indian country; (3) victimless misdemeanors alleged to have been committed by a non-Indian which directly or indirectly threatens or jeopardizes the security of the person or property of an Indian within Indian country; (4) misdemeanor offenses set forth in Chapter 53, title 18 U.S.C. (NOTE. Subsections (a), (b) and (c) are verbatim from section 636, title 28, U.S.C. The subsections to subsection (c) track the provisions of section 1152, title 18, U.S.C. Reference to the remaining provisions of chapter 53, title 18, U.S.C. refer to liquor sale violations, destruction of posted signs, and trespass on tribal lands for purposes of hunting or fishing without tribal permission. PRACTICE AND PROCEDURE Sec. (a). Except as otherwise provided in this section, the practice and procedure for the trial of cases before officers serving under this chapter, and the taking and hearing of appeals to the district courts, shall conform to rules promulgated by the Supreme Court pursuant to section 3402 of title 18, United States Code. (b) Any defendant appearing before a U.S. Justice of the Peace may be assisted by a lay spokesman of his or her choice, and assistance by such spokesman, whether paid or voluntary, shall not be considered the practice of law. Assistance by such lay counsel shall not waive the right of the defendant to appoint counsel in any case in which he or she is entitled to such appointed counsel. (c) (1) In any case in which the defendant requests a trial by jury before the U.S. Justice of the Peace, only persons who actually reside within the reservation in which the offense is alleged to have been committed shall be eligible to serve on the jury panel. (2) The U.S. Justice of the Peace, in consultation with tribal authorities and county and municipal officials, shall develop and maintain for purposes of jury selection a list of persons within the reservation, or districts within the reservation, over which he has jurisdiction. In developing such list the Justice of the Peace shall take care that such list fairly reflects a cross section of the population within the reservation or reservation district. (3) Except as provided in this section, the rules of the district court pertaining to the selection of jurors and juror eligibility shall be applicable. (d) Tribal police officers, Bureau of Indian Affairs police officers, and state and local police officers, acting within the geographic areas in which they have jurisdiction under the laws of their respective governments, are authorized to execute any warrant for arrest, or warrant for search and seizure, or any other summons, subpoena or order which the Justice of the Peace is authorized to issue under the general rules of Federal Criminal Procedure or the Federal Rules of Procedure for the Trial of Minor Offenses before the United States Magistrates. (e) The provisions of the Court Interpreters Act of 1978 (P.L. 95–539; 92 Stat. 2040) shall apply to trials before the Justice of the Peace. (NOTE. The provisions of section (a) are nearly verbatim from section 636(d) of title 28, U.S.C. The provisions of section (b) are designed to recognize that there is a growing body of para-legals practicing in tribal courts and that many Indian defendants could benefit substantially from their assistance in trial of minor cases. Sec. 3401 of title 18, U.S.C., provides that any person charged with a misdemeanor may request a jury trial before a magistrate. There is no statutory procedure established for selection of such a jury. Sec. (c) is designed to address the special purpose of this legislation and the unique character of the areas to be served. The Federal Rules of Criminal Procedure govern proceedings before a magistrate which are not covered by the special Magistrate Rules. Rules 4 and 41 of the Federal Rules of Criminal Procedure covering warrants for arrest and search and seizure provide that warrants may be executed by "a mashal or by some other officer authorized by law." The purpose of Sec. (d) is to make clear that tribal police, BIA police, and state and local police, acting within their respective jurisdictions, are "authorized by law" to execute such warrants or other orders of the Justice of the Peace.) STATEMENT OF SENATOR JOHN MELCHER ON S. 2832 AS APPEARED IN THE CONGRESSIONAL RECORD Senator MELCHER. In March of this year the Select Committee on Indian Affairs held 3 days of hearings on jurisdictional issues affecting Indian reservations. The vast majority of the testimony was directed toward problems associated with law enforcement. Among the proposals upon which we received testimony was the concept of the bill which I am today introducing. This bill, the Indian Reservation Special Magistrates Act of 1980, directs the President to appoint special magistrates to exercise jurisdiction over Federal offenses committed within Indian country. The concept of the bill received wide support from the witnesses who testified. In many respects, this bill tracks existing law. It does not alter the existing law governing jurisdiction in Indian country. The United States already has jurisdiction over an ample number of offenses in Indian country. The bill adopts by reference many of the provisions in the existing Federal Magistrates Act in chapter 43 of title 28, United States Code. It also, however, provides special provisions designed to meet special concerns in Indian country. |