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FRIDAY, MAY 17, 2002

Public safety trumps tribal sovereignty, a divided Minnesota Supreme Court ruled on Thursday.

In a 4-3 decision, the state's highest court said state police are allowed to arrest tribal members on reservations for traffic violations of a "criminal / prohibitory" nature. Cancellation of a driver's license for repeated alcohol-related offenses falls in this category, Justice Paul Anderson wrote.

"The ability of Minnesota to protect its citizens would be severely compromised if the state is not allowed to enforce cancellation of driving privileges, one of the most important remedies, in terms of public safety, for driving while intoxicated," Anderson wrote for the majority.

The dispute arose when a county officer recognized a member of the White Earth Band of Ojibwe driving on the reservation. Myron Busse, who lost his license after four drunk driving convictions, was later found guilty of of a gross misdemeanor.

Busse subsequently challenged his conviction on the grounds that the state's authority does not extend into Indian Country. The Minnesota Court of Appeals agreed and threw out the charge, citing a 1999 case involving a member of the Leech Lake Band of Ojibwe.

Yesterday's ruling overturned the appeals court and drew a line between prior case law and Busse's. The state has no jurisdiction involving "civil / regulatory" infractions, such as lack of insurance papers, the court agreed.

But since Minnesota falls under Public Law 280, the state is free to go after tribal members for actions which threaten public safety, the court reasoned. The law grants states concurrent criminal jurisdiction with tribes.

The majority holding drew criticism from Justices Alan Page, Edward Stringer and Russell Anderson. Each authored a separate dissent and was supported by the others.

"Stated simply, if the court was right in [1997] and [1999]," wrote Page in reference to two prior tribal-related decisions, "the court is wrong now."

Page also charged that tribal members who drive without a license on tribal land are not violating any state law. "Because Busse was a member of an Indian tribe driving on tribal land at the time of the offense, no driver’s license was 'required' to operate the motor vehicle," he wrote.

Stringer took issue with the majority's rehash of Busse's convictions. "[H]e has paid his price for those offenses, and while tantalizing to snare the unwary into believing that he once again is before the court for this predilection, he is not," he wrote.

Andersen's majority decision was joined by Justices K. Blatz, James Gilbert and Joan E. Lancaster.

Get the Case:
Minnesota v. Busse (C1-00-481 May 16, 2002)

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