TRIBE: Dispute is over rights

In response to Mark Weadick's March 2 letter concerning the defeat of HB-111, I offer the following comments:

HB-111 and its predecessor HB-55 were introduced by the Coeur d'Alene Tribe after a cross-deputization agreement between Benewah County and the Tribe was revoked by the sheriff. The reason was the Tribe continued its practice of citing non-tribal members into tribal court for traffic infractions. This practice continues today which fosters much mistrust by county officials.

Legislators were conflicted on this legislation because it didn't preserve non-tribal members' rights while on tribal reservation lands under the Idaho Constitution and it didn't address Public Law 280 which enables states to assume criminal and civil jurisdiction involving Indians as litigants on reservation lands.

Legislators were hopeful the two could work it out. An agreement was reached with the Tribe agreeing to alter some language dealing with non-tribal members. The Tribe was to make revisions and resubmit the agreement back to the prosecutor. Upon receipt, the prosecutor noted the Tribe had not made any changes agreed to verbally in negotiations. As proof, all of the negotiation discussions were audio taped.

The Idaho Association of Counties and Sheriffs Association believe any agreement authorizing a federally recognized tribe to enforce state law on non-tribal members must address the concerns of both the county and Tribe. HB-111 did not provide framework where law enforcement interests of the county were recognized.

These associations also believe tribal officers authorized to enforce state law on non-tribal members should be under the jurisdiction of the county sheriff and prosecuting attorney. Under HB-111, tribal officers would operate independently of the sheriff and prosecuting attorney and answerable to tribal councils. Non-tribal members are not permitted to vote in tribal elections and have no representation on tribal councils which oversee tribal officers. All county residents, including tribal members, can vote in county elections. To ensure officers are accountable, the IAC and ISA believe tribal officers should be under the jurisdiction of the county sheriff and prosecuting attorney.

Before you paint Benewah County with the "prejudice brush" take some time to educate yourself on these issues before you are so critical of a neighboring county in which you do not reside.

PEG CARVER

NICA Chair

St. Maries