(C) Daily Montanan This story was originally published by Daily Montanan and is unaltered. . . . . . . . . . . State won’t step in after Lake County withdraws criminal jurisdiction over Flathead Reservation • Daily Montanan [1] ['Nicole Girten', 'More From Author', '- March'] Date: 2024-03-09 The question of what government entity will oversee felony criminal jurisdiction on the Flathead Indian Reservation is still to be seen, but it’s looking like it won’t be the state of Montana. And Lake County Commissioners are not pleased. Lake County currently oversees felonies on the reservation through an old agreement passed by Congress that allowed certain states criminal jurisdiction over Native Americans on reservations. The state opted into the agreement years ago, and the county has overseen those duties since, but commissioners argue they’ve been burdened with the $4 million cost, and they want out — or the state to foot the bill. The state argues the agreement never required it fund the county. Republican Gov. Greg Gianforte in a letter last week to Lake County Commissioners said the “only potential tool available” to him regarding jurisdiction was to initiate taking the state out of the agreement with the federal government that granted the state control in overseeing felony crimes there. “I hope you are able to resolve your concerns in coordination with CSKT, the federal government, and the counties and cities located within the Flathead Reservation,” Gianforte said; CSKT are the Confederated Salish and Kootenai Tribes on that reservation. Gianforte’s letter comes after years of disagreement between Lake County Commissioners and the governor over who ultimately foots the bill under the federal law, Public Law 280. The CSKTon the Flathead Reservation are the only tribe in Montana in this agreement. The tribes said they are working with stakeholders to determine a path forward. Last fall, commissioners announced they were withdrawing from the agreement. Gianforte’s letter responded to this notice from the commission saying the state was never required to provide funding, and the only option he has left is to dissolve the agreement. He has until May 20 to issue an official proclamation recognizing the county’s withdrawal. If he does, as he’s required to by law, what happens with felony crime on the reservation afterward isn’t completely clear. Commissioners say this latest decision is an example of lack of leadership from Gianforte, and in an election year, could mean less support from the Flathead. “The polls might be hard pressed in Lake County. I don’t know about the other counties,” said Lake County Sheriff Donald Bell. If the state dissolves the agreement as it foreshadowed in the March 1 letter, federal criminal oversight may be kicked over to federal agencies, but commissioners said Friday until that is determined, there will be a lot of confusion over where the arrested will be processed after being apprehended. CSKT Response The CSKT tribes said in a March 5 statement they are collaborating with stakeholders in preparation as the state plans to “retrocede from the termination-era policy” of PL-280. The termination era refers to mid-century federal policies passed to stop federal aid from going to tribes across the country. The tribes said they are “offering technical, legal, and personnel resources as the Tribes work with state and federal partners to determine a solid path forward.” CSKT Tribal Council Chairman Michael Dolson said in a statement the tribes are focused on public safety “regardless of the status of PL-280.” The tribes have overseen jurisdiction for misdemeanors on the Flathead Reservation since 1994. Commissioners: ‘Lack of Leadership’ from Gianforte Commissioner Gale Decker told the Daily Montanan on Friday he wasn’t really surprised at the letter, but was disappointed in what he said was a lack of communication and leadership from Gianforte on the issue. “We just kind of feel like we’re on an island here when it comes with dealing with the state government,” Decker said. “Lake County is known as the redheaded stepchild, and if we want anything done here locally, then we got to figure out the solution to it.” Commissioner Bill Barron said he doesn’t feel Gianforte’s agenda is working with counties. “If he would have stepped in, taken control of it, and demonstrated some leadership, I don’t think we’d be in the situation we are now,” Barron said. “I think it would have been something that would have benefited the state, the county, the tribe, everyone.” Decker said the county expects the governor will issue a proclamation withdrawing the county from Public Law 280 on May 20, the day the governor is required to respond to the county’s withdrawal notice. Decker said the commission is going to have a meeting with the U.S. Attorney for the District of Montana Jesse Laslovich later this month to discuss options for working with the federal government, but Decker is not optimistic adequate resources would be available for the feds to oversee felony crimes on the reservation. Laslovich did not respond to an inquiry about what resources may be available but confirmed he will be meeting with commissioners. In the meantime, the county is looking at spending $7 million of its own money, and likely some borrowed, to adjust its current space to make room for more beds for detainees, Decker said. The commissioners said they haven’t received guidance on how to handle people who the county arrested under the PL-280 agreement and whether they will have the authority to hold them after May 20. “And we can’t just unlock the door and turn them loose,” said Barron. Bell said the Sheriff’s Office wants to do its due diligence to sort out the details of how law enforcement on the reservation will look before May 20. Decker said the response to a call into the 911 Dispatch won’t change, but what will likely have to change is how the apprehended person is processed depending on whether they are Native or non-Native. He said what’s disconcerting to some is when someone is detained on a felony, where are they going to go if the county detention center isn’t available? “Does some tribal Detention Center take them? Do they have to transport them to Missoula?” he said. “Those are just kind of some on the ground questions that we feel need to be answered before May 20.” Gianforte’s March 1 Letter In his letter this month, Gianforte said the legislature did not give him the authorization or the funds to enforce PL-280 in the event the county withdrew. The legislature gave the county the authority to withdraw in a law passed during the 2021 session, but it included a $1 funding appropriation for the county. “The Legislature did not provide additional resources or funding to the Department of Justice, the Governor’s Office, or any other state agency in the event of a withdrawal,” the governor said. However, legislators tried to account for the potential of a withdrawal during the 2023 legislative session, passing a bill that would require commissioners to stay in the PL-280 agreement. The bill also included a $5 million appropriation meant to assist Lake County with the costs of executing the agreement. But Gianforte vetoed the bill, saying in his veto letter the legislature “failed to address the underlying issue of financial responsibility for the implementation of PL-280…” and that the money was allocated without requirements around how it was spent and created a “slippery slope” for future requests from the county. A district court judge in the fall sided with the state over who was financially responsible, saying in her order the state is only required to reimburse the county “‘to the extent’ the legislature sees fit to appropriate funds.” She noted it was “unfortunate” with the state’s budget surplus during the last session funding couldn’t get out of the capitol building. When asked about whether the county would pursue further litigation on the issue, Decker said he hopes they wouldn’t have to go down that road again. “That seems to be the governor’s preferred road, to go to court rather than negotiate,” he said. [END] --- [1] Url: https://dailymontanan.com/2024/03/09/state-wont-step-in-after-lake-county-withdraws-criminal-jurisdiction-over-flathead-reservation/ Published and (C) by Daily Montanan Content appears here under this condition or license: Creative Commons CC BY-NC-ND 4.0. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/montanan/