Originally Posted By: gregsalmon
Larry makes a good point! Many tribes do not have such an agreement. I have never heard of a tribal court using their authority to prosecute a non tribal person, at least not successfully.

Tribal/county agreements are a whole new ball game though, we have to wait to see what comes of it. lots of room there for liability issues on both sides! I don't see whats in it for the county in these instances. Mostly a headache I would imagine.



When I was surfing the web on this topic I could not come up with a consolidated listing of WA tribes which have consummated such a deal.

I suspect it is a minority of tribes in part due to the insurance requirement. And some County officials may not want to get into it because the insurance coverage requirement is perceived as insufficient.

Anyway, none of what I understand about this type of arrangement allows non-Indians to be tried in tribal court. However, Senator Patti Murray included a provision in the Violence Against Women Act that allows, under certain circumstances, for a non-Indian married to a tribal member and who is accused of domestic violence to be tried in tribal court.

Why??? Because the FBI which has jurisdiction wasn't allocating manpower to the problem. Should be interesting the first time a tribe attempts to try such a case in tribal court......something in the Bill of Rights about being tried by a jury of your peers. But that is another issue.
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