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COUNTY OF LEWIS v. ALLEN

No. 94-35979.

163 F.3d 509 (1998)

COUNTY OF LEWIS; Don Fortney; Thomas F. Myers, Plaintiffs-Appellees, v. John D. ALLEN, Defendant, Nez Perce Tribe; Nez Perce Tribal Court; Judges of the Nez Perce Tribal Court, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted September 24, 1998.

Withdrawn From Submission March 20, 1997.

Resubmitted July 1, 1997.

Decided April 23, 1998.

Amended May 5, 1998.

Second Amendment July 24, 1998.

Rehearing Granted and Opinion Withdrawn July 31, 1998.

Decided December 11, 1998.

Attorney(s) appearing for the Case

Douglas Nash, Office of Legal Counsel, Nez Perce Tribal Executive Committee, Lapwai, Idaho, for the defendants-appellants.

Marc A. Lyons, Ramsden & Lyons, Coeur d'Alene, Idaho, for the plaintiffs-appellees.

Michele Odorizzi, Mayer, Brown & Platt, Chicago, Illinois, for amicus curiae Burlington Northern Railroad Company.

Michael E. McNichols, Clements, Brown & McNichols, Lewiston, Idaho, for amicus curiae North Central Idaho Jurisdictional Alliance.

Melody L. McCoy, Native American Rights Fund, Boulder, Colorado, for amicus curiae Fallon Paiute-shoshone Tribe.

C. Wayne Howle, Deputy Attorney General, Carson City, Nevada, for Amici curiae the States of Nevada, Utah, Montana, California and Oregon.

Before: HUG, Chief Judge, SCHROEDER, BOOCHEVER, KOZINSKI, THOMPSON, O'SCANNLAIN, TROTT, FERNANDEZ, KLEINFELD, SILVERMAN, McKEOWN, Circuit Judges.

Rehearing En Banc Granted and Opinion Withdrawn July 31, 1998.

McKEOWN, Circuit Judge:

We are called upon to determine tribal jurisdiction in a circumstance involving a law enforcement agreement between two governmental entities, the Nez Perce Tribe and the State of Idaho. Under that agreement, the tribe consented to state jurisdiction over certain minor crimes. As a result, the tribe granted County of Lewis law enforcement officers authority to come onto...

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