The agreement allows for appointing tribal prosecutors in criminal cases committed by non-Indians against tribal members on the reservation.
Carmen Duarte A recent U.S. Supreme Court ruling giving states criminal jurisdiction on cases involving non-Indians committing violent acts on tribal members on reservations led to a recent landmark agreement between the Pima County Attorney’s Office and the Pascua Yaqui Tribe.
Congress may develop a law to clarify the Supreme Court ruling but it may not happen until 2023 or it may take years. In the meantime, jurisdictional issues need to be worked out, said Urbina. He said in Arizona, reservation boundaries are well established, and the jurisdictional process has worked well for decades. He said cases are tried in tribal court or federal court, depending on the cases.
Most cases regarding non-Indians committing crimes against tribal members on reservations will be heard in tribal or federal courts, said Urbina. But some cases may be heard in justice or superior courts because the suspect has a warrant, a restraining order or is on probation from a Pima County court, he said. But, it all depends on the facts of the case.
Urbina said"other tribes across the country and in Arizona will start working on their own agreements." He said the agreement between the county and the Pascua Yaqui Tribe has been shared with some 10 tribes, and the agreement can be used as a template for tribes negotiating for similar resolutions with state authorities. Pascua Yaqui officials discussed the agreement with federal authorities at the 2022 White House Tribal Nations Summit on Nov. 30-Dec. 1 in Washington, D.C.
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