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Jurisdiction

Last updated February 16, 2010

State Has Jurisdiction Over One tribe Through Federal Acts Other Than Public Law 280

The Act of May 31, 1946, 60 Stat. 229 conferred state criminal jurisdiction over Devil’s Lake, now Spirit Lake, reservation.

Elsewhere, General Rules of Indian Country Criminal Jurisdiction apply.

North Dakota attempted to accept civil jurisdiction under Public Law 280, subject to tribal or individual consent.  N.D. Cent. Code §§ 27-19-01 to 27-10-13.  Both the condition of individual acceptance and the condition of tribal acceptance have been declared invalid under federal law.  Three Affiliated Tribes of the Fort Berthold Reservation v. Wold Eng’g, 476 U.S. 877 (1986) (tribal acceptance); Nelson v. Dubois, 232 N.W.2d 54 (N.D. 1975) (tribal acceptance).

Legislation

Act of May 31, 1946, 60 Stat. 229 (conferring state criminal jurisdiction over Devil’s

Lake, now Spirit Lake, reservation)

Case Law

Winer v. Penny Enters., 674 N.W.2d 9 (N.D. 2004)

Strate v. A-1 Contractors, 520 U.S. 438 (1994)

State v. Gohl, 477 N.W.2d 205 (N.D. 1991)

State v. Hook, 476 N.W.2d 565 (N.D. 1991) (overruling State v. Lohnes, 69 N.W.2d 508 (N.D. 1955))

Three Affiliated Tribes of the Fort Berthold Reservation v. Wold Eng’g, 476 U.S. 877 (1986)

Nelson v. Dubois, 232 N.W.2d 54 (N.D. 1975)

Schantz v. White Lightning, 231 N.W.2d 812 (N.D. 1975)

Gourneau v. Smith, 207 N.W.2d 256 (N.D. 1973) (overruling Vermillion v. Spotted Elk, 85 N.W.2d 432 (N.D. 1957))

Fournier v. Roed, 161 N.W.2d 458 (N.D. 1968)

In re Whiteshield, 24 N.W.2d 694 (N.D. 1963)

State ex rel. Baker v. Mountrail County, 149 N.W. 120 (N.D. 1914)

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