North Dakota tribal leaders react to SCOTUS giving states broader authority to prosecute crimes

MINOT, N.D. (KMOT) – Amid a flurry of 11th-hour rulings last week, the U.S. Supreme Court expanded the rights of states to prosecute offenders on Native American reservations.

In a 5-4 decision, the high court ruled in favor of Oklahoma in its bid to prosecute Victor Castro-Huerta, a non-Native American convicted of child neglect committed against a five-year-old Native American child. But tribal leaders in North Dakota, like Turtle Mountain Chairman Jamie Azure, are calling foul over the jurisdictional ruling.

“I mean, this case overrides tribal sovereignty by dictating when the state can intercede and may do so without even consulting with the tribes,” said Azure.

Until now, states generally lacked jurisdiction over such crimes, which were prosecuted by the federal government. Mark Fox, the chairman of the Three Affiliated Tribes, said he’s disappointed in the majority ruling.

“We will be closely watching how state courts sentence non-Indians who commit covered crimes in Indian country, to be sure that they are prosecuted and sentenced the same as crimes committed outside of Indian country,” said Fox, in a written statement to Your News Leader.

Azure said his tribe has a good relationship with the state, but some tribes in other parts of the country do not have as good a rapport with their state. He said he’s worried about conflicts between multiple jurisdictions.

“Break it down into one sentence you know we are a nation within a nation with the right to govern ourselves so that supreme court decision was a direct conflict to what the Tribal Nations was set up to be,” said Azure.

Tribal leaders said they hope this ruling strengthens relationships, and does not destroy the trust built over the last few decades between the tribes and the state.

Currently, 35 states are home to federally recognized tribes. Of those, 16 had already been given authority by Congress to assert jurisdiction.

Your News Leader reached out to state attorneys Rolette and Mountrail Counties, as well as the North Dakota U.S. District Attorney’s office for response, and are waiting to hear back.

Here is Chairman Mark Fox’s full statement on the SCOTUS ruling:

“The Court ruled that state courts have jurisdiction to prosecute non-Indians who commit crimes against Indians within Indian country. The court ruling goes no further than that and does not affect existing tribal jurisdiction in Indian country. Justice Kavanaugh’s opinion was narrowly accepted in a 5 to 4 decision. We believe that the dissent written by a Justice Gorsuch is a more accurate reflection of the foundational principles of Indian law and history. We’re disappointed in the majority opinion to the extent it does not accurately reflect the Court’s long standing precedent when it comes to issues of state authority in Indian country. The ruling applies only to issues of state jurisdiction to prosecute non-Indians who commit crimes against Indians, which is concurrent with Federal jurisdiction. We expect states to exercise this jurisdiction in an evenhanded and nondiscriminatory manner. We will be closely watching how state courts sentence non-Indians who commit covered crimes in Indian country to be sure that they are prosecuted and sentenced the same as crimes committed outside of Indian country.”

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