State Of Wash. v. Abrahamson, 62699-0-I.

• Decision Date: 07 September 2010
• Docket Number: No. 62699-0-I.,62699-0-I.
• Parties: STATE of Washington, Respondent, v. Manuel Steven ABRAHAMSON, Appellant.
• Court: Washington Court of Appeals

157 Wash.App. 672

238 P.3d 533

STATE of Washington, Respondent,

v.Manuel Steven ABRAHAMSON, Appellant.

No. 62699-0-I.

Court of Appeals of Washington,Division 1.

Sept. 7, 2010.

Edward E. Stemler, Seth Aaron Fine, Attorney at Law, Everett, WA, for Respondent.

Lila Jane Silverstein, Washington Appellate Project, Seattle, WA, for Appellant.

SCHINDLER, J.

¶ 1 Under RCW 37.12.010, the State of Washington assumed criminal and civil jurisdiction over Indians on Indian lands for eight specific areas of law, including the “[o]peration of motor vehicles upon the public streets, alleys, roads and highways.” RCW 37.12.010(8). As a member of the Spokane Indian Tribe, Manuel S. Abrahamson asserts the state court did not have jurisdiction to convict him of the crimes of driving while under the influence, attempting to elude, and driving while license revoked, committed on the Tulalip Indian Reservation. Abrahamson claims the State's assumption of jurisdiction over Indians on an Indian reservation for the operation of motor vehicles does not apply to criminal offenses. We disagree. We hold that under the plain and unambiguous language of RCW 37.12.010 the State assumed jurisdiction over all criminal offenses committed by Indians while operating a motor vehicle on public roads on an Indian reservation, and affirm.

FACTS

¶ 2 The facts are not in dispute. On May 4, 2007, a Snohomish County detective was trying to locate Manuel S. Abrahamson to arrest him on outstanding warrants. While the detective was talking to a Tulalip police officer, Abrahamson drove past in a blue GMC. The detective and the Tulalip police officer pursued Abrahamson. During the pursuit Abrahamson was driving approximately 75 miles per hour (mph) in a 35 mph zone. As Abrahamson approached 14th Avenue Northeast, he collided with an oncoming van. A blood alcohol test showed Abrahamson had an alcohol level of .09.

¶ 3 The State charged Abrahamson in Snohomish County Superior Court with (1) attempting to elude a pursuing police vehicle in violation of RCW 46.61.024; (2) driving while under the influence of intoxicating liquor in violation of RCW 46.61.502; and (3) driving while license revoked in the first degree in violation of RCW 46.20.342(1)(a).

¶ 4 Abrahamson filed a motion to dismiss for lack of jurisdiction. He presented evidence that he is an enrolled member of the Spokane Indian Tribe and argued the court lacked jurisdiction over the charged offenses committed on the Tulalip Indian Reservation. The court denied the motion to dismiss.

¶ 5 Abrahamson then stipulated to a bench trial on agreed facts. The court found Abrahamson guilty as charged. Based on an offender score of 15, the court sentenced Abrahamson to 29 months with credit for time served under the Tulalip Tribal Court cause number. ¹ Abrahamson appeals.

ANALYSIS

¶ 6 Abrahamson contends the court erred in denying his motion to dismiss the criminal charges of driving while under the influence, attempting to elude, and driving with a suspended license. Abrahamson concedes the state court has jurisdiction over the eight specific areas of law set forth in RCW 37.12.010, including operating a motor vehicle on public roads within an Indian reservation. But Abrahamson asserts that the assumption of jurisdiction under RCW 37.12.010(8) for the operation of motor vehicles does not apply to criminal traffic offenses committed by Indians on an Indian reservation.

¶ 7 Where the location of a crime is not in dispute, jurisdiction is a question of law that we review de novo. State v. Waters, 93 Wash.App. 969, 976, 971 P.2d 538 (1999) (citing State v. L.J.M., 129 Wash.2d 386, 396, 918 P.2d 898 (1996)). Statutory interpretation is also a question of law that we review de novo. State v. Williams, 158 Wash.2d 904, 908, 148 P.3d 993 (2006); State v. J.P., 149 Wash.2d 444, 449, 69 P.3d 318 (2003).

Chapter 37 RCW, Jurisdiction over Indians and Indian Land

¶ 8 Congress has plenary authority over Indians with “full power to legislate concerning their tribal property” and abrogate Indian rights, including tribal sovereignty. In re Estate of Cross, 126 Wash.2d 43, 47, 891 P.2d 26 (1995) (quoting Winton v. Amos, 255 U.S. 373, 391, 56 Ct.Cl. 472, 41 S.Ct. 342, 65 L.Ed. 684 (1921)); United States v. Wheeler, 435 U.S. 313, 323, 98 S.Ct. 1079, 55 L.Ed.2d 303 (1978). Prior to 1953, the power to adjudicate criminal offenses and civil actions affecting Indians on Indian reservations was retained exclusively by Congress and the tribes. Confederated Tribes of Colville Reservation v. Washington, 938 F.2d 146, 147 (9th Cir.1991).

¶ 9 As a condition of statehood, the Congressional Enabling Act of 1889 required territories that wished to become states include in their constitutions an acknowledgement that Indians and Indian lands remained “under the absolute jurisdiction and control of the Congress of the United States.” Act of Feb. 22, 1889, ch. 180, § 4, 25 Stat. 676, 676-77. Accordingly, the Washington State Constitution specifically disclaimed all authority over Indian lands: “Indian lands shall remain under the absolute jurisdiction and control of the congress of the United States.” Const. art. XXVI.

¶ 10 In 1953, Congress enacted Public Law 280. ² Pub. L. No. 280 (1953). Public Law 280 gave states the power to exercise jurisdiction over Indians for civil actions and criminal offenses committed on Indian reservations without the consent of the Indian tribe. ³ Estate of Cross, 126 Wash.2d at 47, 891 P.2d 26. Public Law 280 provided in pertinent part:

The consent of the United States is hereby given to any other State not having jurisdiction with respect to criminal offenses or civil causes of action, or with respect to both, as provided for in this Act, to assume jurisdiction at such time and in such manner as the people of the State shall, by affirmative legislative action, obligate and bind the State to assumption thereof.

Pub. L. 280, § 7.

¶ 11 Congress enacted Public Law 280 to reduce the federal government's economic burden and respond to what it perceived as a “problem of lawlessness on certain Indian reservations, and the absence of adequate tribal institutions for law enforcement.” Bryan v. Itasca County, Minnesota, 426 U.S. 373, 379, 96 S.Ct. 2102, 48 L.Ed.2d 710 (1976). Accordingly, Congress delegated broad powers over criminal matters to the states. Confederated Tribes of Colville Reservation v. Washington, 938 F.2d 146, 147 (9th Cir.1991) (quoting Bryan, 426 U.S. at 379, 96 S.Ct. 2102).

¶ 12 Public Law 280 gave five states ⁴ the authority to execute criminal and civil jurisdiction over Indians on Indian reservations:

Each of the States listed in the following table shall have jurisdiction over offenses committed by or against Indians in the areas of Indian country listed ... to the same extent that such State has jurisdiction over offenses committed elsewhere within the State, and the criminal laws of such State shall have the same force and effect within such Indian country as they have elsewhere within the State.

Pub. L. 280, § 2.

Each of the States listed in the following table shall have jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country listed ... to the same extent that such State has jurisdiction over other civil causes of action, and those civil laws of such State that are of general application to private persons or private property shall have the same force and effect within such Indian country as they have elsewhere within the State.

Pub. L. 280, § 4.

¶ 13 Congress gave other states, including the State of Washington, the authority to assume jurisdiction over criminal offenses and civil causes of action on Indian lands without the consent of the tribes:

Notwithstanding the provisions of any Enabling Act for the admission of a State, the consent of the United States is hereby given to the people of any State to amend, where necessary, their State constitution or existing statutes, as the case may be, to remove any legal impediment to the assumption of civil and criminal jurisdiction in accordance with the provisions of this Act: Provided, That the provisions of this Act shall not become effective with respect to such assumption of jurisdiction by any such State until the people thereof have appropriately amended their State constitution or statutes as the case may be.

Pub. L. 280, § 6.

The consent of the United States is hereby given to any other State not having jurisdiction with respect to criminal offenses or civil causes of action, or with respect to both, as provided for in this Act, to assume jurisdiction at such time and in such manner as the people of the State shall, by affirmative legislative action, obligate and bind the State to assumption thereof.

Pub. L. 280, § 7.

¶ 14 In response to Public Law 280, in 1957 the Washington Legislature passed a law assuming criminal and civil jurisdiction over Indians on Indian lands:

The state of Washington hereby obligates and binds itself to assume, as hereinafter provided, criminal and civil jurisdiction over Indians and Indian territory, reservation, country, and lands within this state in accordance with the consent of the United States given by the act of August 15, 1953 (Public Law 280, 83rd Congress, 1st Session).

Laws of 1957, ch. 240, § 1. However, the State's assumption of jurisdiction was conditioned on a resolution from the tribe requesting the State to assume jurisdiction:

Whenever the governor of this state shall receive from the tribal council or other governing body of any Indian tribe, community, band, or group in this state a resolution expressing its desire that its people and lands be subject to the criminal and civil jurisdiction of the State of Washington to the extent authorized by federal law, he shall issue within sixty days a proclamation to the effect that such jurisdiction shall apply to all Indians and all Indian territory,...