Law | National

Pascua Yaqui Tribe reports first jury conviction of non-Indian offender

Wednesday, May 24, 2017

A tribal police vehicle. Photo: Pascua Yaqui Tribe

The Pascua Yaqui Tribe has reported the first jury conviction of a non-Indian domestic violence offender.

According to a press release, Frank Jaimez, 19, was found guilty of domestic violence malicious mischief. He was convicted for an incident against his wife, who is a tribal citizen.

"This is the first non-Indian defendant jury trial conviction in a tribal court in 40 years due to recent federal law changes," the press release stated. Jaimez is due to be sentenced on June 7.

The tribe, whose reservation is located in Arizona, was one of the first to take advantage of provisions in the Violence Against Women Act of 2013. The law recognizes the "inherent" authority of tribes to arrest, prosecute and sentence non-Indians who abuse their domestic partners.

Tribes must ensure that their justice systems protect the constitutional rights of all defendants, Indian and non-Indian alike. They must provide access to attorneys and arrange for juries that represent the entire community on the reservation, regardless of race.

So far, no one has raised a challenge to tribal jurisdiction over non-Indians despite concerns raised by some Republicans in Congress. Critics at the time included former Sen. Jeff Sessions, who now leads the Department of Justice for the Trump administration.

Sessions, who serves as Attorney General of the United States, would not commit to defending the tribal provisions during his confirmation hearing in January.

The Pascua Yaqui Tribe began exercising authority over non-Indians in September 2015. A handful of convictions were obtained by plea agreements and at least one trial ended without a conviction, according to information collected by the National Congress of American Indians.