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Show r SOUTHERN UTAH NEWS WEDNESDAY MAY 10, 2000 Opinion Letters to the Editor What is your opinion? This newspaper welcomes opinions from its readers concerning any subject. Anything of a libelous nature or defamation of character will not be considered for publication. Please limit your letters to 300 words or less. We reserve the right to edit for clarity or length. Letters must be signed and include your full name, address and telephone number. Jurisdiction Dear Editor: The letter in last weeks editorial from Donald Sarrells, retired ArizonaD.P.S. officer, published on May 3, 2000, is divisive and misleading. It suggests that people should decide which law and court to respect based on their race. The Kaibab Band of Paiute Indians believes public safety is everyones concern. Within the Kaibab Indian Reservation, the United States and the Tribe are responsible for the health and welfare of the Tribe, including public safety. Our law enforcement officers are Arizona State certified. r When a person is stopped for a violation in the reservation, our officers identify themselves and explain that the traffic violation occurred on an Indian reservation. The difference between a criminal and civil violation is explained. The officer can issue a civil citation into Tribal Court or a criminal citation into a State Court (i.e. Moccasin Justice Court). A civil conviction in Tribal Court results in a civil monetary fine. No report is made to the State or the persons insurance company. Therefore, there is no impact on the drivers record or insurance rates. A criminal conviction in State Court can result in monetary fines, imprisonment, points on the drivers record and increases in insurance rates or cancellation of coverage. Common sense dictates that one would rather be cited into Tribal Court with no report made to the state. Mr. Sarrells statement that Tribal Courts have no civil jurisdiction over is simply incorrect. See Babbit Ford, Inc.V. Navajo Indian Tribe, 710 F. 2d 587 (1983). His suggestion that civil rights of people within the reservation are not accorded the equivalent protection as provided in the U.S. Constitution is also incorrect. 25 U.S.C. Section 1302, Basil Cook Enterprises, Inc. V. St. Regis Mohawk Tribe, 914 F. Supp. 839 (1996). In addition, the Indian Civil Rights Act, Public Law 101-5125 USC 1301, states that the tribe does have jurisdiction over non-membe- rs 1, member Indians within the exterior boundaries of reservation. Further, the tribe claims no criminal jurisdiction over non- Indians.-- The tribe turns those non-trib- al over to the Federal Bureau of Investigation or the State. My question to you is, Mr. Sarrells, if I am stopped by a Colorado City or a Fredonia officer, do they have jurisdiction over me? If I dont live in their communities then why should I subject myself to their court? I am also aware that when the Arizona D.P.S. officers issue citations in Fredonia, they go to the city magistrate out of courtesy. Whats the difference? Another note to this jurisdiction issue is, when a person (Indian or signs a lease for a tribal home to rent, the lease specifically states that the tenant agrees to abide by tribal, state and federal laws. This too n has been an issue with residents who break tribal laws. Non-India- n) non-India- There are several points in Mr. Sarrells letter that are inaccurate and untrue which need to be clarified as follows: (1) The tribe has concurrent jurisdiction with Arizona. This is why you can be cited in Moccasin Justice Court or Tribal Court; (2) Tribal governments across the country do in fact issue commission cards to law enforcement officers. As recently as April 12, 2000, commission training was held for law enforcement officers from the surrounding area. ArizonaD.P.S., Colorado City and Fredonia were in attendance; (3) The Tribal Court is independent of the Tribal Council, therefore, the Council, just as the Congress of the United States, has no supervision over the Supreme Court; (4) As for your reliable source that stated, tribal officers are instructed to escort those stopped for civil traffic violations immediately to the tribal court and to confiscate property of sufficient value should they not pay their fines or bond. This is untrue, the officers give the violator a bond schedule and fine sheet only and do not escort anyone to the tribal court since the judge is only there a total of four days a month; and (5) Per the tribal Law and Order Code, we do not assert any criminal jurisdiction as you state over that the Tribal Judge claims complete jurisdiction. As for the 4th Amendment in the Constitution of the United States issue, each member of the Tribal Council takes an Oath of Office, requiring them to uphold the Constitution of the United States as well as the non-India- ns Urban Legend Kaibab Band of Paiute Indians Tribal Constitution. Dear Editor: Mr. Sarrells, it should also be In response to Laura J ohnsons explained that the Kaibab Warning of May 3, 1 quote the people have long been here be- following from the Center for Moccafore the community of sin, before Mohave County, before the state of Arizona and before the creation of the United States of America. We will remain here as a sovereign people when you and yours are long gone. The people of Moccasin and the Tribal Council met last year to discuss this issue when they were given erroneous information concerning tribal jurisdiction. The end result was once they understood our j urisdiction Control Disease and Preventions website (http: www.cdc.gov): CDC has received inquiries about a variety of reports of warnings about used needles Southern Utah news AAA Deadlines AAA FRIDAY 1 PM See LETTERS, Page 5 and the applicable laws, we agreed to choose to be good neighbors. The Tribal Council invited the Moccasin folks to visit the offices daily from 5 if they had questions, because our door is always open. We extend this invitation to you, our neighbors, as well. 8-- A4 i Carmen M. Bradley, Tribal Chairperson Kaibab Band of Paiute Indians P.S.-M- r. Sarrells letter alludes to him having been a victim of the Kaibab Paiute Tribal Court. For clarification, there is no record of a citation being issued to him for either our tribal court or state court by our law enforcement officers. So again, look at this situation and you decide. COtOWCOW The Southern Utah News (ISSN No. 0049-165is published every N. Main at Utah 84741 26 . The SUNews serves St., Kanab, Wednesday Kane County, Utah, and the Arizona Strip. Address communications to 26 N. Main St., Kanab, Utah 84741 , or telephone Fax Advertising rates available upon request. Second Class postage paid at Kanab, Utah 84741 . Newsstand price is 50c per copy. Yearly subscription rates to Kane County addresses and Fredonia and Moccasin, Arizona, $22; others $30 (out of U.S. $50). The SUNews reserves the right to edit or reject any advertisement or submitted items. 9) 435-644-290- 0, Dennis Brunner Dixie Brunner Publishers and Editor Sharlotte Brewer Production Staff Michael Evangelista ProductionLayout Carol Sullivan Laurali Noteman Reporters Myrna Cox Valley News Barbara Pyles Feature Writer Postmaster. Send change of address cards to -26 N. Main St, Kanab, UT 84741 435-644-292- 6. |