Justices of the Washington Supreme Court. Photo from Washington Courts
A Yakama Nation man who lives on the Quinault Nation can be prosecuted by the state for failing to register as a sex offender, the Washington Supreme Court ruled today. Howard John Evans Shale argued that the state lacked jurisdiction because he lives in Indian Country. But the court said the tribal members who live on the reservations of other tribes aren't out of the state's reach. "We are not persuaded that prosecuting Shale infringes on the right of the tribe to make its own laws and be ruled by them," the court stated. "No treaty protection against state jurisdiction is asserted. The tribe is free to bring its own prosecution if it wishes, and there is nothing in the record that suggests the tribe feels that this prosecution infringes on its rights. Allowing the state to assert jurisdiction is consistent with United States Supreme Court precedent." Turtle Talk has posted documents from the case, Washington v. Shale. Get the Story:
State Supreme Court rules state can prosecute on tribal land (AP 3/19) Washington Supreme Court Decision:
Washington v. Shale (March 19, 2015)
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