US tribes free to prosecute non-Indians for certain crimes

FLAGSTAFF, Arizona (AP) – American Indian tribes that meet certain criteria now have the authority to prosecute non-Indians for a limited number of domestic violence crimes, a shift supporters hope will reduce the high rate of violence on reservations.

Three tribes in Arizona, Oregon and Washington state have exercised that power for more than a year under a pilot project approved by the U.S. Department of Justice. Together, the tribes have brought more than two dozen domestic violence cases against non-Indians who live or work on their reservations, according to the National Congress of American Indians.

That authority – extended Saturday to all tribes – seeks to close a gap in jurisdiction that meant many non-Indian suspects who committed less-serious acts of violence never were prosecuted.

“On most reservations there are a handful of bad actors who have figured out how to slip between jurisdictional boundaries,” Juana Majel, chairwoman of the NCAI Task Force on Violence Against Women, said in a news release. “They need to get the message. If they continue to assault our women, we will prosecute and put them in jail.”

A 1978 U.S. Supreme Court ruling stripped tribes of any criminal jurisdiction over non-Indians on their reservations. But the reauthorization of the Violence Against Women Act in 2013 allowed tribes to charge non-Indians who are married to or in a partnership with a tribal member for domestic violence crimes and violations of protection orders. The Justice Department has said that American Indian women suffer from domestic violence at rates more than double national averages.

Critics say the tribes’ increased authority is sure to be challenged in federal courts.

To ease concerns from some members of Congress, tribes have to ensure that jury pools include non-Indians and that their court systems afford defendants the same rights as state and federal courts do. The changes to the Violence Against Women Act also allow defendants to seek review of a tribal court decision in federal court.

The Confederated Tribes of the Umatilla Indian Reservation in Oregon, the Pascua Yaqui Tribe in southern Arizona and the Tulalip Tribes in Washington state were approved as part of the pilot project in February 2014.

The Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation in Montana, and the Sisseton Wahpeton Oyate of the Lake Traverse Reservation in North and South Dakota joined in the pilot project Friday, a day before all tribes were given the go-ahead. Plans from the large, rural tribes can serve as a model for similarly situated tribes whose resources often are stretched thin, said NCAI general counsel John Dossett said.