WA state tribal, native american indian law

Tribal land is under the jurisdiction of the tribal government. Tribal governments have tribal codes and many are posted on the tribe's website or available for a nominal fee from the tribal court. Tribal Council meetings, often held once a year, are open forums for tribal members. I have heard of non-natives being excluded from Tribal Council meetings. Instances where tribal members are forbidden to be on tribal lands generally involve matters of criminal jurisdiction. Some tribal members are banished and thus forbidden from being on tribal lands. Did the non-native Administrator of a tribal business provide any written legal authority for that decision?

I have not been retained in this matter and my comments are not legal advice but rather a primer on the topic of the power to exclude from tribal lands.

The citizenship status of the Administrator is most likely insignificant so long as the tribe has granted the Administrator the authority to exclude . The Administrator may have also exceeded his or her authority by attempting to exclude a tribal citizen from the Council meeting, especially if the Council meeting is held in a location different than the location of the tribal business.

Any tribal member who wishes to challenge exclusion from tribal lands should consult the tribe's ordinances and constitution, as tribal laws vary greatly.

Disputes regarding the internal tribal affairs of a tribal government would fall under the exclusive jurisdiction of the tribe's tribal court. Each tribe as its own sovereign government has its own constitution and tribal code. Consult the particular tribe's constitution and tribal code as to what remedy can be achieved through the tribe's tribal court. Many tribe's constitutions and codes are readily available on the tribe's web page, others are available at many area law school libraries. Some tribes still reserve the right to banishment of members; however, that sanction is usually only employed as a severe criminal penalty of habitual offenders. Another question you should look into is whether the non-native Administrator was acting as an agent of the tribal government and whether they were acting within the scope of their employment as Administrator of the tribal business. You also need to investigate how the tribal business is set up; i.e. is it a separate entity from the tribal government?