Professor Matthew L.M. Fletcher Former Staff Attorney for Suquamish Tribe
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1 Professor Matthew L.M. Fletcher Former Staff Attorney for Suquamish Tribe
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4 From an 1854 treaty negotiation: How can you buy or sell the sky, the warmth of the land? The idea is strange to us. If we do not own the freshness of the air and the sparkle of the water, how can you buy them? Every part of this earth is sacred to my people. Every shining pine needle, every sandy shore, every mist in the dark woods, every clearing and humming insect is holy in the memory and experience of my people. The sap which courses through the trees carries the memories of the red man.
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10 Mark Oliphant cited for disorderly conduct, then arrested for resisting arrest and assaulting an officer by Suquamish tribal police during Chief Seattle Days Daniel Belgarde arrested by tribal police the next day after high-speed chase and ramming tribal police car Both non-indians Both incidents arise in Port Madison Reservation ( Indian Country )
11 When you punch. A federal marshal, you punched the United States A county deputy, you punched the State of Washington A tribal officer, you punched the Suquamish Indian Tribe
12 When you crash into A U.S. Marshal s car, you wrecked federal property A county sheriff s office prowler, you wrecked state property A tribal police car, you wrecked tribal property
13 When you punch a police officer and/or destroy a police car, you are committing a crime against that sovereign: If the cop is a federal marshal or Bureau of Indian Affairs officer, you have punched the United States If the cop is a state officer, you have punched the State of Washington If the cop is a tribal officer, you have punched the Suquamish Tribe
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17 Whichever sovereign s law you violate controls criminal jurisdiction: If you violate federal law, the local United States Attorney s Office brings an indictment against you in federal court If you violate state law, the local Kitsap County prosecutor brings an information against you in Kitsap County Superior Court If you violate tribal law, the tribal prosecutor brings a complaint against you in Suquamish Indian Provisional Court
18 Washington Supreme Court Washington Court of Appeals (Division 2) Kitsap County Superior Court
19 United States Supreme Court Ninth Circuit Court of Appeals District Court for the Western District of Washington
20 Suquamish Court of Appeals (Northwest Indian Court System) Suquamish Tribal Court (formerly Suquamish Indian Provisional Court)
21 Case Captions: Suquamish Indian Tribe v. Mark David Oliphant Suquamish Indian Tribe v. Daniel B. Belgarde Applicable Law: Law and Order Code of the Suquamish Indian Tribe Indian Civil Rights Act (aka Indian Bill of Rights) 25 U.S.C. 1302
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24 The privilege of the writ of habeas corpus shall be available to any person, in a court of the United States, to test the legality of his detention by order of an Indian tribe.
25 Federal District Court Judge Morell Sharp Issues stay on tribal prosecution Asks parties to brief the authority of an Indian tribe to prosecute non- Indians Affirms tribal authority
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27 Ninth Circuit 554 F.2d 1007 (CA9 1976)
28 Circuit Judge Ben Duniway (majority) Circuit Judge Anthony Kennedy (dissenter)
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Professor Matthew L.M. Fletcher
Professor Matthew L.M. Fletcher Does the Suquamish Indian Tribe have authority to prosecute non-indians for crimes committed on the Port Madison Reservation? Professor answer: 1. Two non-indians 2. Allegedly
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