CILS Files an Amici Curiae Brief in Support of Karuk Tribe of California
October 3, 2005

CILS recently filed an Amici Curiae Brief in support of the Karuk Tribe of California. The Amici was filed on behalf of the Pala Band of Mission Indians, Pauma Band of Mission Indians, Pechanga Band of Luiseño Indians, the Viejas Band of Kumeyaay Indians, and California Indian Legal Services. The Karuk Tribe is facing opposition in its attempt to transfer an Indian Child Welfare Act (ICWA) case originating in Siskiyou County to its tribal court. The primary question on appeal is whether or not, under 25 U.S.C. § 1911, a tribe in a Public Law 280 state must first petition the Secretary of Interior under ICWA's 'reassumption' provision in order to have an ICWA case transferred to its tribal court. The Karuk Tribe's position, as supported by the Amici, is that § 1911(b) of the ICWA does not require tribes in a P.L. 280 state to obtain the permission of the Secretary in order to effectuate tribal transfer jurisdiction. This case involves important questions of how tribes' jurisdiction over tribal members and tribal lands is exercised in light of shared or concurrent state-tribal jurisdiction under the Indian Child Welfare Act and Public Law 280. As more tribes in California establish tribal courts, or are contemplating court systems, educating and informing the state judiciary on both the limits and powers of tribal court jurisdiction will become increasingly relevant and important.

Click here to view the brief (PDF document - opens new window).

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