Thuston County residents oppose Gov's deputizing Tribal Police

Governor OKs sharing legal duties with tribes August 13, 2005 WORLD-HERALD Gov. Dave Heineman signed agreements Friday designed to clarify law enforcement powers on the Omaha and Winnebago Indian reservations, despite strong opposition in Thurston County and a threatened lawsuit.The agreements allow tribal police, with proper training, to enforce state laws, primarily traffic laws, and permit state troopers to enforce tribal offenses. The governor cited endorsements from the Attorney General and State Patrol in signing the cross-deputization agreements. He said complex jurisdictional issues on the reservations had left some crimes unpunished. "Not everyone in Thurston County recognizes the benefit of this agreement," Heineman said. "But my first responsibility is public safety." In Thurston County, the sheriff, county attorney and county board all opposed the idea. So did nearly 400 people attending a meeting with state officials last month in Pender, Neb. The opposition was pointed at the Omaha Tribal Police, a force opponents said is unprofessional and practices selective law enforcement as influenced by the tribal council. "I'm really disappointed that they wouldn't consider any other alternatives," said Thurston County Board Chairwoman Teri Lamplot. She said she will discuss filing a lawsuit over the issue with the county attorney. "That's probably the only thing that will solve this thing," Lamplot said. Thurston County Sheriff Chuck Obermeyer was harsher. Allowing politicians to get involved in law enforcement issues, he said, "was like having a dentist take your appendix out.""Who are we going to cross-deputize next, the Girl Scouts?" Obermeyer said. State officials said only tribal officers with proper state or federal training would be cross-deputized, allowing them to write tickets for state courts. Nebraska, pursuant to Public Law 280, assumed civil and criminal jurisdiction over Nebraska reservations in 1953. In 1969, the U.S. government granted the OmahaTribe retrocession on criminal jurisdiction. See 84-168 RRS Neb. {governors authority to enter retrocession agreements} In 1986, the assistant U.S. secretary forIndian affairs accepted retrocession to the United States of all criminal jurisdictionexercised by the state over the Winnebago Reservation. The 1986 Nebraska Legislature offered the retrocession. By Tribal Resolution No. 86-37, the Winnebago Tribe ofNebraska acknowledged and endorsed the offer of the state to retrocede criminaljurisdiction to the United States.Nebraska Blue Book Four Winnebago Tribe officers currently qualify. Friday's agreement renews a previous cross-deputization pact that has prompted no complaints.It was unclear whether any Omaha Tribal officers currently qualify. State officials said there were none, while a tribal official said there might be a handful. Attorney General Jon Bruning said the "heart" of the agreement is clarifying that state troopers have jurisdiction on tribal land. Indian reservations have a unique tangle of legal jurisdictions, involving federal, state, county and tribal police. Jurisdiction varies depending on who is involved and the type of crime.Disputes and confusion have arisen in recent weeks. In two recent cases, state troopers were waived off by tribal officials in responding to serious traffic accidents. One case involved an attempted motor vehicle homicide, which is being handled in tribal court. The driver, allegedly drunk, was a nephew of Omaha Tribal Chairman Orville Cayou.The family of the victim has accused Cayou of meddling in the case, which he denies. The family maintains the driver should be prosecuted in federal or state court, where potential penalties are harsher. Officials said jurisdictional issues raised in that case are not addressed by the new agreement. That dispute centers on a separate issue: whether roads within the Village of Macy are public or private. Cayou said the cross-deputization agreement was long overdue. "We're going to do everything on our part to make it work," he said.