Gabe Galanda and Amber-Penn Roco have published an article in the May edition of King County's Bar Bulletin--themed "Moving"--regarding the Washington State Supreme Court's recent decision in State v. Shale.
The piece is titled "State v Shale - Supreme Court Moves Washington in the Wrong Tribal Direction." An excerpt:
Congress understands that tribes want to eradicate sex offenders, wife beaters and other criminals from their homelands, and the U.S. Supreme Court has affirmed tribal jurisdiction to do so. More importantly, the Washington State Legislature and Governor share that understanding, or they would not have trusted tribes, like the Yakama Nation, to reassume authority over their lands upon the State’s retrocession therefrom. . . .
To be sure, deterring crime throughout Washington State, and empowering tribal justice systems, are not mutually exclusive state policies. In fact, the 29 tribal sovereigns in our State aspire to exactly both of those goals.
In all, it is now time for the Washington State Supreme Court to move in a common direction with other lawmakers and sovereigns in our State—towards the restoration of tribal criminal authority over bad actors on Indian lands.
Gabriel S. Galanda and Amber Penn-Roco practice Indian law with Galanda Broadman, PLLC, in Seattle. Gabe is an enrolled citizen of the Round Valley Indian Tribes, and Amber is an enrolled member of the Confederated Tribes of the Chehalis Reservation.