Posts Tagged ‘Colville Confederated Tribes’

Monday I had the pleasure of meeting Daryl Rodrigues, the new lead public defender for the Colville Confederated Tribes.  I also found out that he has a blog entitled Bicker, Back & Forth, PS. His posts from September 22nd and 29th recount his adventures in moving to Coulee Dam.  When I read his bio on his blog, I saw that he is a ’94 grad of Gonzaga Law, and I am a ’95 grad.  I think I remember him.   Daryl is originally from England, and since graduating he has done a lot of work in private practice and he taught at Whitworth a little bit.   I look forward to checking up on his blog to read about his experiences in Tribal Court.

I was sworn in to the bar in the Colville Tribal Courts in 1999 but did not really practice there much until 2002.    I have never practiced there full-time, but I enjoy doing criminal defense work down there, and I do some employment law cases down there too.   The criminal courts in Nespelem only have jurisdiction to prosecute Tribal members or first-line descendants for crimes.  Non-tribal members can still be sued in Tribal Court and can be ticketed for such infractions as speeding or fish and game violations.   I would imagine that one of the projects that Daryl will be faced with in the years to come is working with the Tribe’s nascent juvenile justice code.  Native youths in recent years have had their cases handled in State court, but the Colville Tribal Code envisions that the cases would be handled in tribal court someday.   This would seem to be an improvement.  The Tribal Court would seem to know more about these kids and what problems they face.  Currently, many Native youths are prosecuted in Republic or Okanogan and drive over an hour to  attend a court that is largely unfamiliar with their families and communities.  The courts of Ferry County and Okanogan County also seem to face challenges in monitoring these kids while they are on probation.

Earlier this week many local Native-American tribes protested the Federal government policies restricting their rights to cross the Canadian border. The problem had been brewing for some time. See High Country News.

When I first moved to Ferry County in 1996, it seemed as if this was the county that was poised to enter big legal battles with the Colville Confederated Tribes.  The two governments were set to square off over who had primary jurisdiction to regulate land owned by non-Tribal members on the Reservation.  The subject dominated local politics and was the subject of frequent letters to the editor.  The Tribes were rumored to have a “million dollar war chest” to fund any litigation with the county.  The county commissioners appointed me county attorney in April 1998, and I urged caution on the part of the county. When you are looking for a good “test case” to bring to court, you don’t necessarily want to join the side of the first non-Tribal landowner to raise his hand.  In the end, a legal battle was avoided, and in my opinion Ferry County and the Tribes have worked together fairly well for the last ten years.

So I am glad to see that it was the Federal government this time that has drawn the ire of the Colville Tribes and has been accused of violating treaty rights.  This has come to the media’s attention rather recently as Tribal members have become fed up with being harassed by U.S. Border officials as they travel to and from their ancestral homelands across the border in British Columbia.  As someone who lives near the border myself, I have often found it frustrating to deal with border officials when I travel to Canada.  In addition, as an attorney I often represent defendants who get caught up in border issues.  The difference, of course, is that local Tribal members have special treaty rights to cross the border.  Under the Jay Treaty of 1794, Native-Americans were granted the right to engage in trade and travel between the United States and Canada, which was then British Territory.  Until 9/11 no one seemed to question the rights of Tribal members to travel to and from Canada with just their tribal ID cards.  But now, there is pressure on the Tribal members to give up the ID cards of their own government and to use passports or state enhanced drivers licenses. Local tribes are now considering issuing their own passports.

This controversy boiled over on June 1st as local Native Americans and Tribal members from Canada staged a protest in the border town of Night Hawk.  The protest was peaceful, but the Omak-Chronicle reported that it involved the removal of a border fence.  The Border Patrol did not try to intervene as the Tribal members crossed the border and back again.  I have to hand it to these protesters.  It took courage to take that step. I would have half expected the Feds to arrest some of them.  But I guess then it would have become a national story, rather than just a regional story.  I hope the Tribes pursue their rights in this respect.  Often it is the local governments or the States that are accused of violating treaty rights,  the Tribes are right to stand up to the Federal government too.  The Tribes in the U.S. sometimes seem to be the favorite underdog of the federal judiciary.  I can easily see the Ninth Circuit Court of Appeals approving the rights of Tribal members to set up their own border check point.  However, unlike 10 years ago, when the Colville Confederated Tribes had money set aside for litigation, the Tribes now are suffering a budget crisis.  This border issue is something that I will try to follow closely.

What do you think?  What will come of this issue?  Is it fair to ask Native Americans to use State ID cards when they enjoy rights to sovereignty?