YAKIMA — Some civil and criminal cases involving members of the Yakama Nation will be returned to the tribe’s jurisdiction, after being handled for decades by the state.
The federal Bureau of Indian Affairs on Monday granted the tribe’s petition for what is called “retrocession.”
Retrocession removes state jurisdiction over tribal members in certain cases but does not give the tribe any new jurisdiction over nonmembers. It will affect cases such as car crashes, domestic violence calls and truancy complaints.
Major crimes by tribal members will continue to be handled by the FBI or other federal authorities.
“It is truly a great day for the Yakama People,” Tribal Council Chairman JoDe Goudy said in a statement. “For decades, our nation has been denied basic rights of self-governance within our own lands.”
The Yakima Herald-Republic reported that officials for Yakima County were concerned that details still needed to be worked out.
County Prosecutor Joe Brusic said it’s unclear how tribal and county law enforcement officers are going to make sure each case gets into the right jurisdiction.
“I want to do everything possible in my role as prosecutor to see that retrocession works, but I believe we’ve got a lot of work to do,” Brusic said.
Brusic is most concerned about traffic crimes, such as DUIs.
Under retrocession, if a sheriff’s deputy pulls over a tribal member suspected of driving under the influence, the deputy would have to call tribal police to make the arrest, Brusic said. But if the suspect decides the deputy can’t arrest him, he could drive away, Brusic said.
The head of the BIA praised the county’s support for retrocession and acknowledged the concerns in his Monday letter to the Yakama Nation. Assistant Secretary of Indian Affairs Kevin Washburn said the agency could facilitate meetings but is not requiring agreement before the retrocession takes full effect in April.
“It would constitute extreme hubris for a federal official more than 2,500 miles away in Washington, D.C., to attempt to resolve disputes between neighbors in the Yakima Valley,” Washburn wrote.
Retrocession also will change which courts try some cases. For example, Yakima County Superior Court hears most vehicular homicide cases, even those involving only tribal members. Now it’s unclear whether the tribal court or the federal court would handle those cases, Brusic said.
Retrocession was approved at the state level in January 2014 when Gov. Jay Inslee signed a proclamation that returned to the Yakama Nation authority over school attendance, domestic relations, mental illness, juvenile delinquency, adoption, public assistance, and motor vehicle operation for tribal members on tribal lands.
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