California judge rules court has jurisdiction in American Indian tribal dispute

Monday, July 26, 2004 at 06:41PM
TheSpook

A judge declined to dismiss a lawsuit by ousted members of an American Indian tribe, saying courts have authority over legal matters that arise from tribal disputes. Eleven former members of the Pechanga Band of Luiseno Mission Indians had sued members of the tribe's enrollment committee, claiming their rights were violated after being thrown out of the tribe in March. In his ruling Friday, Riverside County Superior Court Judge Charles D. Field cited a federal law stating that California courts "have jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in Indian country." Field anticipated a legal challenge and stayed his order for 30 days to allow parties to appeal the ruling. Pechanga Chairman Mark Macarro said that tribal nations, like other governments, determine their own citizenship. "It's a core function of self-governance. It's absurd that a state court could think it has jurisdiction on any tribe's citizenship," he said. [more]

Article originally appeared on (http://brownwatch.com/).