Confederated Tribes and Bands of the Yakama Nation v. Yakima County, No. 19-35199 (9th Cir. 2020)Annotate this Case
The State of Washington may exercise criminal jurisdiction over members of the Confederated Tribes and Bands of the Yakama Nation who commit crimes on reservation land.
The panel held that the Yakama Nation had Article III standing to seek a permanent injunction regarding the effect of a Washington State Proclamation retroceding, or giving back, criminal jurisdiction to the United States. Under 25 U.S.C. 1323(a), the Proclamation retroceded, "in part," civil and criminal jurisdiction over the Yakama Nation to the United States, but retained jurisdiction over matters "involving non-Indian defendants and non-Indian victims." Based on the entire context of the Proclamation, the panel concluded that "and" is disjunctive and must be read as "or." Therefore, the panel held that, under the Proclamation, the State retained criminal jurisdiction over cases in which any party is a non-Indian. Therefore, the panel found that the Yakama Nation has not shown actual success on the merits in order to justify a permanent injunction.