Supreme Court: State can prosecute tribal members when they’re living on another tribe’s land

  • By Martha Bellisle The Associated Press
  • Saturday, March 21, 2015 12:01am
  • News

By Martha Bellisle

The Associated Press

SEATTLE — The state Supreme Court ruled Thursday that state prosecutors can charge a member of a Native American tribe who is living on another tribe’s land.

The high court’s ruling came in the case of a Yakama Nation man who was living on the Quinault Nation’s reservation.

When Howard John Evans Shale failed to register as a sex offender while living on the Quinault reservation, a Jefferson County prosecutor filed charges against him.

Shale moved to dismiss the charges, arguing the county had no jurisdiction over a tribal member in Indian Country.

But the justices disagreed. Their unanimous ruling said that because Shale was not a member of the Quinault Nation, the state has jurisdiction.

Shale was convicted in 1997 of raping a child younger than 12. Once released from prison, he moved to Seattle, where he registered as a sex offender with the King County sheriff, court records said.

In 2012, a Jefferson County sheriff deputy began investigating whether Shale had moved to that county without registering.

With the help of a Quinault tribal police officer, they determined that Shale had been living on the Quinault Reservation by dividing his time between two family homes.

The Jefferson County prosecutor charged Shale with failure to register.

A state judge agreed, saying the law “carved out from state authority only ‘Indians when on their tribal lands,’ not tribal members while on another tribe’s land,” the justices wrote.

Shale appealed, arguing that he was a member of a federally recognized tribe and the offense was on the Quinault Reservation.

Citing U.S. Supreme Court rulings, the state justices said tribal courts do not have jurisdiction over members of other tribes and the state does not have jurisdiction over members of Quinault Nation members while on their reservation.

Taken together, because Shale is not a member of the Quinault Nation, the state can charge him with crimes.

More in News

Kayla Fairchild, culinary manager for the Port Angeles Food Bank, chops vegetables on Friday that will go into ready-made meals for food bank patrons. (Keith Thorpe/Peninsula Daily News)
Meal programs offer twist to food bank services

PA launches first revenue-producing effort with entrees

Jefferson County to move its fire danger

Risk level to increase to moderate June 1

Assessor’s office asks to keep reduced hours

Customer service now four days per week

Port Angeles Mayor Kate Dexter is one of several local people who helped pluck a winning duck from a pickup truck on Sunday at Port Angeles City Pier. There was 36 ducks to be plucked from six Wilder Toyotas. (Dave Logan/For Peninsula Daily News)
Duck Derby event brings in new record

Proceeds to benefit students seeking medical careers

Woman flown to hospital after rollover crash

A woman was flown to a Seattle hospital after… Continue reading

Power outage scheduled in east Port Angeles

Clallam County Public Utility District has announced a power… Continue reading

Bill Schlichting of Wilder Toyota holds up the rubber duck belonging to winner Colleen WIlliams of Port Angeles at the 36th annual Great Olympic Peninsula Duck Derby held at City Pier on Sunday. (Dave Logan/For Peninsula Daily News)
Lucky duck

Bill Schlichting, Wilder Toyota sales manager, holds up the rubber duck belonging… Continue reading

State lawmakers have delayed full funding for the Simdars Road Interchange to at least 2031 as the state faces a budget shortfall for the next four years and other transportation projects have a higher priority. (Matthew Nash/Olympic Peninsula News Group file)
Sequim corridor project delayed

Budget shortfall, priorities lead to decision

Superintendent marks 20 years of service

QVSD principals highlight goals and challenges

A lab mix waits in the rain for the start of the 90th Rhody Festival Pet Parade in Uptown Port Townsend on Thursday. The festival’s main parade, from Uptown to downtown, is scheduled for 1 p.m. (Steve Mullensky/for Peninsula Daily News)
Pet parade

A lab mix waits in the rain for the start of the… Continue reading

Casandra Bruner.
Neah Bay hires new chief of police

Bruner is first woman for top public safety role

Port Townsend publisher prints sci-fi writer’s work

Winter Texts’ sixth poetry collection of Ursula K. Le Guin