A federal appeals court on Friday denied a Montana tribe's court jurisdiction
over a fatal vehicle accident even though every party involved is Indian.
James R. Smith, a member of Umatilla Tribe of Oregon, filed a negligence
suit against the Salish Kootenai College on the Flathead
Reservation in Montana. He was an enrolled SKC student at the time of
the accident in which one passenger died. Smith and a third passenger suffered injuries.
At the time of the 1997 incident,
Smith was driving a dump truck owned by the college for a vocational
course he was participating in.
The accident occurred within reservation boundaries but
on a public U.S. highway.
Despite all of the factors, the 9th Circuit Court of Appeals determined
that the Salish and Kootenai Tribes do not have jurisdiction over
the suit.
In a unanimous ruling, a three-judge panel treated Smith
the same as a non-Indian in explaining why the tribal court
has no authority over non-Indians unless certain exceptions
are met.
"We conclude that, because Smith is a non-member of
the Confederated Salish and Kootenai Tribes of the Flathead
Reservation, the tribal courts could only exercise civil jurisdiction
over Smith if [the] exceptions applies," Judge Ronald M. Gould wrote for the majority.
"Because neither exception applies, we hold that the
tribal court lacked civil jurisdiction over Smith's claims
against SKC."
The exceptions arise from the U.S. Supreme Court's decision in
Montana v. U.S.. In 1981, the court ruled that tribes,
in general, lack jurisdiction over civil activities involving
non-tribal members whether they occur on Indian or non-Indian owned
land within the reservation.
Under the first Montana exception,
tribal court jurisdiction is allowed if the non-Indian has a "consensual" relationship
with the tribe. The 9th Circuit said Smith's enrollment did not qualify.
"If SKC wants its
students to consent to tribal court jurisdiction on any dispute
with it, it may ask them to so agree in connection with the
enrollment process, and with a fair disclosure," the court observed.
Under the second Montana exception, tribal court jurisdiction is
allowed if the non-Indian activity "threatens or has some direct effect on the political integrity,
the economic security, or the health or welfare of the tribe."
Even though SKC is a tribal entity, the 9th Circuit said the tribe didn't
make its case on this point.
"It is undisputed that SKC is a Montana
non-profit corporation and can be sued in that capacity, thus
it can be fairly said that any political integrity risk was created
by the tribe," the court wrote
Smith first filed his suit against SKC in tribal court. In addition
to the negligence claim for the truck accident, he said the college
destroyed evidence.
After the tribal court decided in favor of SKC, Smith challenge
the court's jurisdiction in a tribal appeals court and in federal court.
He lost both decisions last year before taking his case to the
9th Circuit.
Get the Decision:
Smith v. Salish Kootenai College (August 6, 2004)
Relevant Links:
Salish Kootenai College -
http://www.skc.edu
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