Kalispels Challenge Ticket Inconsistency Tribe Sues State For Jurisdiction Over Non-Indians On Reservation

Indians and non-Indians cited for traffic infractions by tribal police are treated differently by the state of Washington.

Tickets issued to American Indians are forwarded to the Department of Licensing, where they are available to law enforcement and insurance companies.

Tickets issued to non-Indians are ignored by the state.

Leaders of Eastern Washington’s Kalispel Tribe want to change that. They say the state rule treats Indians unfairly and makes it difficult for the tribe to enforce traffic laws on the reservation.

“It’s been a little bit of a sore spot,” said Dave Bonga, the tribe’s development manager.

Talks with Licensing Department officials aimed at changing the policy recently bogged down, Bonga said.

“The talks didn’t seem to be progressing in a way that seemed fair or correct,” he said.

The tribe responded by filing a federal lawsuit against the department last month. The suit is seeking an order giving Kalispel Tribal Court jurisdiction over non-Indians caught breaking traffic laws on roads in the mile-wide, 10 mile-long reservation 50 miles northeast of Spokane.

Like Washington, Idaho and Montana also don’t recognize tribal jurisdiction over non-Indians in traffic cases. Some counties have experimented with deputizing tribal police officers to get around the issue.

Sovereignty issues have been a longtime source of confusion and conflict between tribal and state governments.

There’s a good chance that the Kalispel suit, filed by an attorney with Gonzaga University’s legal assistance program, will be settled out of court.

“We’re trying to work this out in the next 30 days,” said Licensing Department Director Fred Stephens.

Stephens said he was surprised to learn of the legal challenge. While he’s willing to talk with tribal officials, he stressed that state law is clear on the issue.

Attorney Mark Wilson, who is representing the tribe, disagrees. He argues in the suit that the Licensing Department policy conflicts with state and federal law, undermining tribal sovereignty.

Unequal enforcement of traffic laws on the reservation also violates civil rights, Wilson contends.

“This interference threatens the health, welfare, and political integrity of the tribe,” he wrote in the suit.

Indians and non-Indians use Kalispel Reservation roads daily, including LeClerc Road, which runs close to tribal headquarters, a Catholic mission and the majority of tribal housing. Pend Oreille County sheriff’s deputies do not patrol the roads - only tribal police.

The jurisdiction issue is also a concern of the Colville Tribes, according to business council chairman Joe Pakootas. But he said it takes a back seat to more pressing concerns.

“No other tribes are pursuing this,” said Jennifer Scott, assistant director of the governor’s Office of Indian Affairs. Her office is involved in the discussions.

The Spokane Tribe is staying out of the fight. For years, the reservation has gotten around the jurisdiction issue.

Bureau of Indian Affairs officers are deputized, meaning they have the same authority as sheriff’s deputies to write tickets to non-Indians. The cases are dealt with in Stevens County District Court.

Tribal officers still don’t have jurisdiction over non-Indians, but it hasn’t led to a problem, said Capt. Robert Flett, supervisory officer for the BIA.

Flett can’t remember a time when it wasn’t that way. He’s been with the force since 1974 and the system has worked for Indian and non-Indian alike.

“We’ve never had any real major problems with anyone we’ve stopped.”