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Washington Order re Transferring Jurisdiction to Tribal Court (ORGTC, ORDYMT)

State:
Washington
Control #:
WA-SKU-2709
Format:
Word
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Order re Transferring Jurisdiction to Tribal Court (ORGTC, ORDYMT)
Washington Order Re Transferring Jurisdiction to Tribal Court (ORG TC, ORDER) is an order issued by the Washington State Supreme Court that allows a tribal court to assume jurisdiction over certain criminal cases. The order is issued under the state’s Organic Law Relating to Governmental Relations with Tribes (ORG TC). This order is commonly referred to as ORDERMT” due to the acronym of its title. There are two types of ORDER orders: the Transfer-In Order and the Transfer-Out Order. The Transfer-In Order allows a tribal court to assume jurisdiction over a criminal case that originated in a state court. The Transfer-Out Order allows a state court to assume jurisdiction over a criminal case that originated in a tribal court. Both types of ORDER orders are subject to the provisions and conditions set forth in ORG TC. These include providing the defendant with notice of the transfer and giving the defendant an opportunity to object. The order must also include findings of fact and conclusions of law that demonstrate that the transfer is in the interests of justice.

Washington Order Re Transferring Jurisdiction to Tribal Court (ORG TC, ORDER) is an order issued by the Washington State Supreme Court that allows a tribal court to assume jurisdiction over certain criminal cases. The order is issued under the state’s Organic Law Relating to Governmental Relations with Tribes (ORG TC). This order is commonly referred to as ORDERMT” due to the acronym of its title. There are two types of ORDER orders: the Transfer-In Order and the Transfer-Out Order. The Transfer-In Order allows a tribal court to assume jurisdiction over a criminal case that originated in a state court. The Transfer-Out Order allows a state court to assume jurisdiction over a criminal case that originated in a tribal court. Both types of ORDER orders are subject to the provisions and conditions set forth in ORG TC. These include providing the defendant with notice of the transfer and giving the defendant an opportunity to object. The order must also include findings of fact and conclusions of law that demonstrate that the transfer is in the interests of justice.

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FAQ

With regard to federal court decisions, although there are no laws mandating tribal court recognition of federal court decisions, many federal courts have held that tribes and their agencies must abide by federal court decisions, especially if federal funding is involved.

Generally, tribal courts have civil jurisdiction over Indians and non-Indians who either reside or do business on federal Indian reservations. They also have criminal jurisdiction over violations of tribal laws committed by tribal members residing or doing business on the reservation.

Primarily, Tribal courts oversee cases involving Tribal members. But the jurisdictional scheme for cases in Indian Country is complex. Cases involving conflicts or crimes may be considered in Tribal Courts, Federal Courts ? possibly even State Courts ? depending on the circumstances.

For that authority to exist, the tribal court must demonstrate three vital elements of jurisdiction: (1) the court must possess personal jurisdiction over the parties in the case; (2) there must be a specific territory in which the court is authorized to assert its power to hear particular cases; and (3) the court must

Tribes have jurisdiction over Indians for misdemeanors and lower level felonies, such as minor assaults, impaired driving, user-level drug possession, and thefts. Tribal criminal jurisdiction over non-Indians is limited to certain domestic-violence-related crimes.

Tribes are under the exclusive and plenary jurisdiction of the federal congress, which may restrict or abolish jurisdiction and sovereignty.

More info

The petition to transfer is denied because one of the following circumstances exist: 5. (4). Order about Transfer to Tribal Court.A transfer is the change of jurisdiction of certain Indian Child Welfare Act (ICWA) proceedings from state court to tribal court under § 1911(b). If the Tribal Court accepts jurisdiction, the CHINS case will be transferred to the Tribal. Court.

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Washington Order re Transferring Jurisdiction to Tribal Court (ORGTC, ORDYMT)