State of Washington v. Lester Ray Jim

Feb 09, 2012

OUTCOME: The Maryhill site is an established Indian reservation, 173 w.2d 672 (motion for reconsideration denied, June 8, 2012).

Whether RCW 37.12.010 confers state criminal jurisdiction over the Maryhill Treaty Access Fishing Site. The treaty access fishing site, set aside by Congress for the benefit of certain tribes, with fed ... eral superintendence, is an Indian reservation.

State of Oregon v. Thomas Everett Kurtz

Mar 25, 2011

OUTCOME: Supreme Court Ruling in favor of tribes, 350 Or. 65, 249 P.3d 1271

This case deals with whether a tribal officer will be considered a state officer under state law for purposes of the state's resisting arrest and eluding crimes. The court held tribal officers are stat ... e officers for this purpose, noting: Defendant's arguments and the Court of Appeals decision that tribal police are not "police officers" for purposes of enforcing this state's criminal laws would create a jurisdictional void for offenses by non-Indians against tribal police officers in which a victim's status as a police officer is an element of the crime. See, e.g., ORS 811.535 (failure to obey police officers); ORS 811.540 (fleeing or attempting to elude police officers); ORS 807.620, ORS 162.385 (giving false information to a police officer or peace officer); ORS 162.315 (resisting arrest); ORS 162.367 (criminal impersonation of a peace officer). It is highly doubtful that the legislature intended such a result.

United States v. Navajo Nation

Apr 06, 2009

OUTCOME: Reversed and remanded.

I am one of the attorneys for the Tribal Supreme Court Project which submitted an amicus brief on behalf of the Navajo Nation concerning the future of the federal/tribal trust relationship in an era of ... self determination. My contribution is section 2(c) of the brief, which can be found at 2009 WL 164621. Holdings:The Supreme Court, Justice Scalia, held that: (1) the section of Navajo-Hopi Rehabilitation Act authorizing leases of tribal land for specifically enumerated purposes for terms of up to 25 years could not be invoked by tribe as independent source of law imposing duties on the Secretary of the Interior with respect to approval of amendments to mineral lease previously negotiated by tribe, for purpose of enabling court to exercise jurisdiction under the Indian Tucker Act over claims arising from the Secretary's failure to promptly approve royalty rate increase under lease; (2) tribe could not invoke section of the Navajo-Hopi Rehabilitation Act requiring the Secretary of the Interior to follow tribe's recommendations in administering “programs authorized by this subchapter”; (3) tribe could not invoke provision of the Surface Mining Control and Reclamation Act (SMCRA) that was enacted 13 years subsequent to mineral lease that was the subject of tribe's lawsuit; and (4) tribe had to identify specific rights-creating or duty-imposing statutory or regulatory prescriptions that imposed fiduciary or other duties on government, and could not rely on government's comprehensive control over coal on Indian land.

Citizens for Good Governance v. Walla Walla County, Respondent, City of Walla Walla Intervenors

Jun 15, 2006

OUTCOME: Successfully defended municipal GMA authority

Eastern Washington Growth Management Hearings Board held that local planning jurisdictions may re-desigate agricultural land for inclusion in an urban growth area where urban growth area designation cr ... iteria are met.

City of Walla Walla v. Kathleen Greene

Jul 28, 2005

OUTCOME: Successfully appealed DUI sentencing

Upheld constitutionality of DUI sentencing law.

Joseph Sweowat v. Confederated Tribes of the Colville Reservation

Jan 27, 2001

OUTCOME: Overturned defendant's sentence on appeal

On appeal, defendant successfully challenged trial court's sentence.

Adam Amundson v. Colville Confederated Tribes

May 28, 1998

OUTCOME: Overturned conviction on appeal.