Judge OKs sovereignty of Kickapoos

Onderwerp:            Judge OKs sovereignty of Kickapoos
     Datum:            11 Feb 2000 20:09:15 -0000
       Van:            kolahq@skynet.be
       Aan:            aeissing@home.nl

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[source: NativeNews; Fri, 11 Feb 2000 12:08:24]

The Topeka Capital-Journal
Judge OKs sovereignty of Kickapoos

By ANDREA ALBRIGHT
The Capital-Journal

HORTON -- A federal judge Wednesday restricted government
jurisdiction over Indian reservations, ruling in support of
tribal sovereignty.

The court case followed an incident in April 1999 when Brown
County sheriff's Deputy Randy Linck accompanied a tow truck
driver to repossess a vehicle on the Kickapoo Nation
reservation west of Horton. Later that month, the tribe
filed a complaint in federal court asking a judge to decide
whether county officials could enforce civil actions on
sovereign land.

U.S. District Judge Sam A. Crow's decision will prohibit
anyone but tribal police from physically repossessing
vehicles, serving garnishment papers or delivering court
orders for unpaid bills or back child support. However,
civil processes may still be served by mail without being in
violation of the tribe's jurisdiction.

Brown County Sheriff Lamar Shoemaker said that as
information came out during the hearing, he had come to
agree with the judge's decision. But he said there may still
be ways to serve many of the county's civil actions.

"We may attempt to serve off the reservation," he said. "But
after investigating the deal, I agree with the fact that
they retain their civil jurisdiction."

The judge's decision, however, explicitly states that a
person or entity may file lawful actions in Kickapoo
District Court or request the tribal court or tribal police
to assist in the serving process.

Neither the plaintiff nor the defendant asked for damages or
reimbursement in the case. The parties agreed to waive all
rights of appeal.

Shoemaker said the decision wouldn't affect criminal pursuit
or investigation, but he said he was glad the court had
clarified the county's responsibility on the reservation.

"Our main deal is criminal," he said. "The civil
jurisdiction is something that has been picked up for the
last 130 years and nobody knew it was wrong until it was
discovered here lately."

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