On July 13, 2015 District Court Judge Burrell Jr. dismissed the Bishop Paiute Tribe case against Inyo County, the Inyo County Sheriff and District Attorney for lack of jurisdiction. The Tribe’s law suit was filed after a tribal law enforcement officer was arrested and criminally charged for restraining and detaining, on December 24, 2014, a non-Indian on the reservation who was in violation of both a tribal and state domestic violence protection by being at the home of her estranged tribal member husband. The Tribe’s law suit sought Declaratory and Injunctive Relief against the County and County officials re-affirming tribal inherent authority to stop, restrain, detain, and investigate violations of tribal, state, and federal law and to turn over non-Indians violators to proper law enforcement authorities.
The District Court’s dismissal does not address the merits of the Tribe’s law suit, but instead basis its dismissal on procedural grounds. The Court found that the Tribe’s January 2015 response to Inyo County Sheriff’s “Cease and Desist” Order removed the controversy between the parties, leaving the Court without jurisdiction to proceed with the case. The Tribe’s January response to the “Cease and Desist” Order, took direct issue with the County’s actions with regard to its law enforcement officer and the County’s interpretation of tribal inherent authority and federal law over non-Indians. However, the Tribe agreed that its officers would not enforce California state law on the reservation, which the Tribe firmly believes its officers do and have not engage in. Regardless, the Court found the Tribe’s statement in its response to the County Sheriff resolves the issues between the parties.
Model Comments to Proposed Amendments to CRC (click to download in Word format)
Learn about the following Indian Child Welfare Act topics:
Federal Initiatives and Regulations – Working Towards Justice
President Obama’s Generation Indigenous Initiative – Engaging Tribal Youth
Bureau of Children’s Justice – California Department of Justice
Tribal Consultation – Developing a Formal Consultation Policy
SB 1460 ~ Tribes to Conduct Criminal Background Checks ~ Securing Homes for Tribal Youth
California Compliance and Federal Initiatives ~ Building Solutions for the Future and much more.
California Indian Legal Services would like to announce a conference on June 24, 2015 focusing on Public Law 280 and on cooperative interactions between tribal, federal, state, and local law enforcement and courts. The conference will be held at the River Lodge in Fortuna from 9:00 a.m. to 5:00 p.m.
The conference is intended primarily for government officials and employees in the Northern California region, although it will include coverage of some issues common throughout the state. Our hope is to provide both legal education on Public Law 280 as well as a forum for productive discussions between tribal, federal, state, and local elected officials, judges, attorneys, and law enforcement personnel.
There is no cost to attend, and lunch will be provided.