INDIAN LAW



It is important to note that just because the law says the Latgawa Native American Indian Tribe has jurisdiction, it doesn't mean that we won't have to continually fight for it. States and individuals (Indian and non-Indian) are constantly challenging us in the courts our jurisdictional rights of our tribe to tax, to enforce laws and other matters. Generally speaking, the Federal, Oregon State, County, and local city courts have found in favor of our Tribe, thereby wasting tax payer dollars.


According to US Code Title 25, Chapter 38A, Sec. 3653, the term 'tribal court', 'tribal court system', or 'tribal justice system' means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited to, traditional methods and fora for dispute resolution, trial courts, appellate courts, including inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal authority whether or not they constitute a court of record.


In the Indian Tribal Justice Technical and Legal Assistance Act of 2000, the Congress declared that:
(1) there is a government-to-government relationship between the United States and Indian tribes; and
(2) Indian tribes are sovereign entities and are responsible for exercising governmental authority over Indian lands.


What is tribal sovereignty?
Tribal sovereignty refers to the rights of Indian tribes to self-government and self-determination. Among other things, this includes the right to establish the form of government, to adopt legislation, to establish a law enforcement and court system, and to define membership.


What is the historical basis of tribal sovereignty?
Indian Nations were considered sovereign before the framing of the U.S. Constitution. European countries regularly dealt with Indians as nations as they entered into treaties for trade and alliance purposes. The U.S. Constitution, Article 1, Section 8, addresses Indian tribes as follows: “The Congress shall have the power to regulate commerce with foreign nations and among the several states and with Indian tribes.” Indians are the only group of people specifically mentioned in the U.S. Constitution. The U.S. Supreme Court affirmed the sovereignty of tribes in a series of rulings. The most notable were three cases referred to as the Marshall Trilogy. The cases were Johnson v McIntosh (1823), Cherokee Nation v Georgia (1831), and Worcester v Georgia (1832). A recent case, California v Cabazon Band of Mission Indians (1987) deals directly with tribal gaming and confirms the right of tribes to conduct gaming activities.


What is a federally recognized Indian Tribe?
Federal recognition means a group of Indians has been recognized as a tribe and the interactions between the tribe and the Federal Government are on a government-to-government basis. Inclusion on the list of federally recognized tribes entitles a tribe to special services and benefits. The Department of the Interior maintains this list. "Federal recognition can be a result of historical continued existence, Executive Order, congressional legislation, or the Department of the Interior's federal acknowledgement process". Federal recognition is typically a requirement of being eligible for federal aid or funding. The Federal Government has broad powers in dealing with tribes; however, the powers are subject to constitutional restrictions.

 

Multiple recusal motions for Clackamas County, Jackson County and Josephine County Judges has been signed and recorded and Judges/Counties recused. These motions were introduced in the courts on current case matters by the Latgawa Indian Tribal Justice Court. Other recent decisions regarding Latgawa Indian Tribe jurisdiction and/or reaffirmation of Federal Recognition (BIA not required) have been by the State of Oregon Circuit Courts in Medford, State of Oregon Appellant Court in Salem and the Federal District Court in Eugene.

(Click here) for Judge John K. Lowe, Clackamas County Circuit Court signed recusal motion.

(Click here) for Judge Daniel J. Harris, Jackson County Circuit Court signed recusal motion.

(Click here) for Judge G. Philip Arnold, Jackson County Circuit Court signed recusal motion.


JUDICIAL NOTICE 7418: Practice in the Lagawa Indian Tribal Justice Courts. You must be admitted in the Latgawa Indian Tribal Justice Bar. Please submit a written request for the proceedure for application, application to practice, and oathe of office.

We are members of the:

National American Indian Court Judges Association (NAICJA) http://www.naicja.org

National Native American Law Enforcement Association (NNALEA) http://www.nnalea.org



IMPORTANT NOTE: We DO NOT use or promote NAICJA membership as a license to practice law in the Northwest or anywhere else in the U.S.

We DO promote purposes consistent with NAICJA bylaws, and have continued interest in and are in support of these non-profit organizations.