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Supreme Court set to rule on tribal court challenge
MAY 29, 2001 The Supreme Court is set to rule on another one of its Indian law cases -- this one testing the authority of tribal courts over state officials. In oral arguments in March, the Court heard the state of Nevada's challenge to the jurisdiction of the Fallon Paiute-Shoshone Tribe. The state opposes the tribe having the ability to try any of its officials in tribal court, seeking the reversal of a 9th Circuit decision. Floyd Hicks, a tribal member, brought a lawsuit case against Nevada game wardens alleging violations of his civil rights under federal and tribal law. The game wardens were investigating crimes alleged to have occurred on state land, but since Hicks lives on tribal land, the game wardens sought the approval of the tribal court to search his home. After receiving approval, the wardens searched the home on two separate occasions but no evidence was found. The Court's oral hearing was peppered with Nevada's repeated assertion that state officials cannot be tried in tribal court under any condition, even if a police officer, for example, beat up a tribal member while on duty. The state says it didn't need permission to search Hicks' home, even when one Justice argued it was a "given" that the tribe needed to authorize it. Citing a Nevada Attorney General opinion and a case in the 9th Circuit, Hicks and the tribe together argued that the state does need permission. And even if the state didn't like the outcome of a tribal court case, it could always seek some an appeal to federal court. At least one Justice questioned that position, however. The Department of Justice also presented the same argument in support of the tribe. The case is Nevada et al. v. Hicks et al. Oral Argument Transcript State of Nevada, et al. v. Floyd Hicks, et al. (Supreme Court 3/21) Briefs of Parties Petitioner - State of Nevada Petitioner Reply - State of Nevada Respondent - Floyd Hicks Respondent - Paiute-Shoshone Tribe Briefs Supporting Nevada Respondent - States of Montana, Alabama, Arizona, Connecticut, et. al Briefs Supporting Hicks, Tribe United States Tribes: Confederated Colville, Ho-Chunk Nation, et al. Tribes: Pyramid Lake Paiute, Walker River Paiute, et al. Tribes: Thlopthlocco Tribal Town and Sac & Fox Nation Related Decisions Nevada v. Hicks (9th Circuit. No. 96-17315. Nov 1999, Amended Jan 2000) Relevant Links The Supreme Court - http://www.supremecourtus.gov Only on Indianz.Com The Supreme Court and Indian Law: 2000-2001 (3/6) Related Stories Supreme Court to hear tribal court challenge (10/11) |
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