TRIBES: Justice must prevail

Cross-deputizing Tribal Police is the right thing to do. Failure of the Idaho House of Representatives to pass HB 111 by just one vote is disappointing and shows that there is still a lot of prejudice out there in Indian Country and particularly Benewah County. The Coeur d'Alene Reservation happens to straddle both Kootenai and Benewah counties.

It's ironic that Benewah County was the first county in Idaho to have a cross-deputization agreement with the Coeur d'Alene Tribe. The Tribe in response to this agreement donated a fully equipped patrol car to the Benewah County Sheriff's Department. Shortly thereafter Kootenai County, using the Benewah cross-deputization agreement as a guide, negotiated a similar agreement with the Coeur d'Alene Tribe.

In 2007 the newly elected Benewah County Sheriff and Prosecuting Attorney terminated the cross-deputization agreement with the Coeur d'Alene Tribe. The Kootenai County agreement with the Tribe is still in effect.

In 2010 the Coeur d'Alene Tribe went to the Idaho legislature with a bill that would require Idaho counties to cross-deputize tribal police officers with comparable Idaho certified training. At the last minute, Benewah County appealed to the Tribe to renegotiate the cross-deputization agreement, and the proposed legislation was withdrawn. After the legislative session was over, and before the agreement was signed Benewah County blind-sided the Tribe by making several changes to the agreement, taking away tribal police authority. The Coeur d'Alene Tribe naturally would not sign and things were back to square one.

This brings us to the 2011 Idaho legislative session and the failure of the Coeur d'Alene Tribe and other Idaho tribes to get the much needed cross-deputization. The fact that the Idaho Association of Counties and state law enforcement organizations lobbied against the cross-deputization bill clearly shows that the Idaho tribes will not be able to get reciprocity anytime soon.

The tribes now have no choice but to seek federal officer certification for tribal police. If successful, this could mean that tribal police as federal officers will have arresting authority, within city, county and state police jurisdictions, of anyone breaking the law. I hope Idaho tribes and all tribes are successful in this quest for justice.

MARK WEADICK

Coeur d'Alene