Washington state supreme court rules for Yakama Indian in fishing prosecution

The Supreme Court of Washington, in State v. Jim, decided Feb. 9, 2012, that Lester Ray Jim, an enrolled citizen of the Yakama Nation could not be prosecuted by the State for netting an undersized sturgeon because the act occurred at the Maryhill Treaty Fishing Access Site, land set aside by Congress exclusively for the use of four Columbia River tribes to exercise their treaty fishing rights.

The State mandtained that it had criminal jurisdiction over conduct occurring at Maryhill. The majority of the supreme court disagreed. Instead, that court held that Maryhill is reserved and held by the United States for the exclusive use of tribal citizens and that the state lacks criminal jurisdiction.

Read the full opinion at: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=847169MAJ

Advertisements
This entry was posted in Indian Law. Bookmark the permalink.

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s