FRIENDS OF THE COURT FILINGS SUPPORT POSITION OF THE BAND

By Vivian LaMoore, Inaajimowin Editor

The Mille Lacs Band of Ojibwe has gained additional support from the United States Department of Justice, Minnesota Attorney General’s Office, and the Native American Rights Fund (NARF), who have all filed amicus curae (friends of the court) briefs in support of the Mille Lacs Band of Ojibwe in their case against the county, which is being heard by the U.S. Court of Appeals for the Eighth Circuit.

The Leech Lake Band of Ojibwe, the Bois Forte Band of Chippewa, the Grand Portage Band of Lake Superior Chippewa, and the National Congress of American Indians, represented by the Native American Rights Fund, also signed on as supporters by signing on the amicus brief with NARF.

Caleb Dogeagle, Solicitor General for the Mille Lacs Band of Ojibwe, stated this is a “huge” showing of support. He explained an amicus brief is a filing in court from one party outside of a lawsuit, but is a friend of the court filing. “So essentially, the state, the federal government, and NARF agree with our position for various reasons. We are very thankful to have that support from those amici. That speaks volumes about the position of the Mille Lacs Band as well as the importance of the case."

For many years, the county and the Band had a cooperative agreement that recognized the authority of the tribal police to enforce state criminal laws and pursue investigations on the Reservation. In 2016, the county revoked the cooperative agreement. Crime on the Reservation increased as a result of actions taken by the county to limit the authority of tribal police. The Band filed suit against the county as a result of the revocation of the cooperative agreement which resulted in increased criminal activity. The county argued that the Mille Lacs Reservation had been disestablished and diminished so that the tribal police were exercising authority outside of their jurisdiction.

In March 2022, the District Court issued a ruling that affirmed that the Mille Lacs Reservation boundaries still exist as they were established in an 1855 treaty. But the District Court had still not ruled on arguments from either side regarding the law enforcement jurisdiction and authority of Tribal Police. Both sides filed briefings arguing their case. The final ruling was issued on Tuesday, January 10, 2023. The ruling stated that the Band “possesses inherent sovereign law enforcement authority within the Mille Lacs Indian Reservation [...] The inherent sovereign law enforcement authority includes the authority of Band police officers to investigate violations of federal, state and tribal law.”

The county appealed the District Court’s decisions to the Eighth Circuit.

Minnesota statutes were recently revised to recognize tribal nations and local county sheriffs’ concurrent jurisdiction to enforce state criminal laws (this law only applies to criminal activities and does not include civil jurisdiction) meaning it is no longer necessary for the Band, or any other tribal nations in Minnesota, to have a signed cooperative agreement with the county in which they reside in order to perform law enforcement duties on their reservations. “It is no longer an issue,” Dogeagle said. But the Reservation boundary remains an issue that could come up in another case.

The amicus brief filed by the U.S. Department of Justice argues the appeal by the county is moot, the district court had subject-matter jurisdiction, the 1855 Mille Lacs Reservation is intact, the treaties of 1863, 1864, and 1867 did not disestablish the Reservation, the Nelson Act did not disestablish the Reservation, no subsequent statute disestablished the Reservation, and that the Supreme Court has not held that the Mille Lacs Reservation was terminated.

The amicus briefs filed by the federal government, State of Minnesota, and NARF all make the argument that the issue is now moot, as well as make the argument that the Mille Lacs Reservation has not been disestablished, along with other various arguments.

The county has until November 2 to respond to the briefs filed by the Band and the amicus briefs filed by the U.S. Department of Justice, the State of Minnesota, and NARF. The Eighth Circuit Court of Appeals will then make a decision as to the appeal by the county. They could either dismiss the appeals as moot, uphold the district court’s decision on the merits, or overturn the decision, in whole or in part.