The Standing Rock High School in Fort Yates, North Dakota. Photo from Fort Yates Public SchoolThe 8th Circuit Court of Appeals ruled against tribal jurisdiction in a pair of cases involving public school districts. Tribes, generally, lack jurisdiction over non-Indian entities. But the Montana v. US decision in Montana v. US lays out two exceptions -- one for "private consensual relationships" and another for activities that threaten or affect the "political integrity, the economic security, or the health or welfare of the tribe." In the first case, the 8th Circuit held that the Turtle Mountain Band of Chippewa Indians lacks jurisdiction over the Belcourt Public School District in North Dakota. The parties entered into an agreement to address school operations but it did not confer authority to hear disputes in tribal court, the unanimous decision stated. "The school district in this case was clearly acting in its official capacity and, specifically, in furtherance of its obligations under the Constitution of North Dakota to make public education 'open to all children of the state of North Dakota,' when it entered into the agreements relevant to this case," Judge Lavenski R. Smith wrote in holding that the exception applies to "private" but not state parties. "The agreements therefore do not fall within the ambit of the first Montana exception." The court said the second Montana exception did not come into play either. The conduct at issue in the case involved discipline of a student and employment matters. "In conducting this analysis, we note at the outset that not every event that impacts a tribe's political integrity, economic security, health, or welfare will necessarily give rise to tribal court jurisdiction; indeed, a lax application or overly broad reading of the second Montana exception would render meaningless Montana's general rule," the decision stated.
Indianz.Com SoundCloud: Belcourt Public School District v. Davis
Turtle Talk has posted briefs from the case, Belcourt Public School District v. Davis. Oral arguments were held December 10, 2014, and can be found on the Indianz.Com SoundCloud. In the second case, the 8th Circuit held that the Standing Rock Sioux Tribe lacks jurisdiction over the Fort Yates Public School District in North Dakota. Again the parties entered into a joint powers agreement but again the court said it did not confer tribal authority so the first Montana exception was ruled out. The dispute arose from a lawsuit filed in tribal court by a parent whose child was involved in a fight at the Standing Rock High School. The court said the conduct did not meet the second exception either.
Indianz.Com SoundCloud: Fort Yates Public School District No. 4 v. Murphy
"The claims and alleged conduct at issue in this case clearly do not 'imperil the subsistence' of the tribe, and tribal court jurisdiction is not 'necessary to avert catastrophic consequences," stated the decision, also written by Judge Smith, quoting from Plains Commerce Bank v. Long, a more recent tribal jurisdiction case that went to the Supreme Court. Turtle Talk has posted documents from the case, Fort Yates Public School District No. 4 v. Murphy. Oral arguments were held December 10, 2014, and can be found on the Indianz.Com SoundCloud. 8th Circuit Decisions:
Belcourt Public School District v. Davis (May 15, 2015)
Fort Yates Public School District No. 4 v. Murphy (May 15, 2015)
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