Confederated Tribes and Bands of The Yakama Nation v. Klickitat County et al

Filing 113

JUDGMENT IN A CIVIL ACTION. Judgment entered in favor of Plaintiff Confederated Tribes and Bands of The Yakama Nation. (LLH, Courtroom Deputy)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Aug 28, 2019

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF WASHINGTON

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THE CONFEDERATED TRIBES AND
BANDS OF THE YAKAMA NATION,
a sovereign federally recognized Native
Nation,

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Plaintiff,

No. 1:17-CV-3192-TOR
JUDGMENT IN A
CIVIL CASE

v.

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KLICKITAT COUNTY, a political
subdivision of the State of Washington;
KLICKITAT COUNTY SHERIFF’S
OFFICE, an agency of Klickitat County;
BOB SONGER, in his official capacity;
KLICKITAT COUNTY
DEPARTMENT OF THE
PROSECUTING ATTORNEY, an
agency of Klickitat County; and DAVID
QUESNEL, in his official capacity,
Defendants.
THE COURT HAS ORDERED that declaratory judgment be entered in
favor of Plaintiff against all Defendants as follows:

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1. Tract D, as surveyed by Cadastral Engineer Ronald Scherler and
approved by the United States in 1982, is located within the exterior
boundaries of the Yakama Reservation established by the Treaty of 1855.
The boundaries of the area of land referred to as Tract D are those surveyed
by E.D. Calvin in 1932, and by Ronald Scherler in 1982, within which there
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are approximately 121,465.69 acres. Not all of Tract D falls within Klickitat
County.
2. Since Tract D is within the Yakama Reservation and the State of
Washington retroceded all jurisdiction concerning acts of Juvenile
Delinquency committed therein by Indians, state juvenile delinquency law
no longer applies to Indians within the Reservation, including Tract D.

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3. Since Tract D is within the Yakama Reservation and the State of
Washington retroceded “in part, civil and criminal jurisdiction in Operation
of Motor Vehicles on Public Streets, Alleys, Roads, and Highways cases in
the following manner: Pursuant to RCW 37.12.010(8), the State shall retain
jurisdiction over civil causes of action involving non-Indian plaintiffs, nonIndian defendants, and non-Indian victims; the State shall retain jurisdiction
over criminal offenses involving non-Indian defendants and non-Indian
victims.” Thus, traffic offenses committed by Indians are governed by
federal and tribal law, not state law.
4. Since Tract D is within the Yakama Reservation and the State of
Washington retroceded certain jurisdiction but retained jurisdiction in two
areas—over criminal offenses involving non-Indian defendants and over
criminal offenses involving non-Indian victims—accordingly, the State and
necessarily the Defendants here have criminal jurisdiction over offenses
committed by or against non-Indians within the Yakama Reservation,
including Tract D.

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THIS ACTION WAS decided by Chief Judge Thomas O. Rice following
a bench trial held from July 29, 2019 through July 31, 2019.

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DATED: August 28, 2019.

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SEAN F. McAVOY
Clerk of Court

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By: s/Linda Hansen
Deputy Clerk

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