The state of Iowa has criminal and civil jurisdiction on Meskwaki tribal lands, the Iowa Supreme Court ruled on Friday.
In a unanimous decision [Link], the court said tribal members can be charged with violating state laws becuse the state has authority on the reservation under an act of Congress. The court, however, adopted a test to determine whether a state law is criminal/prohibitory or civil/regulatory in nature.
If the law is criminal/prohibitory, then the state has jursdiction, the court said. But if it is civil/regulatory, the state doesn't under the Cabazon decision from the U.S. Supreme Court.
In this instance, the Iowa court ruled that a tribal employee can be charged for selling tobacco to a minor. The tribe argued that the law was civil in nature but the court held that it was criminal.
In related Meskwaki news, the security company has asked a federal judge to force the tribe into arbitration. The company signed a contract with the tribe's former chairman who was later ousted after a leadership dispute.
Get the Story:
Tribal land not exempt from law, court says
(The Des Moines Register 10/29)
Security company seeks arbitration of Meskwaki contract (AP 10/29)
pwlat
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Monday, October 31, 2005
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