NEZ PERCE TRIBE
Brief History of Tribe and Reservation
Structure of tribal government
Tribal oversight of Tribal Court
Attorneys and Advocates Admitted to Practice
The Nez Perce Tribe aboriginally had the exclusive use and occupancy of 13,000,000 acres, including all of what are now north central Idaho, southeastern Washington, and northeastern Oregon. The tribe had a strong economy based upon horses and hunting, fishing, and gathering activities that extended far from traditional areas. The Treaty of 1855, 12 Stat. 957, established a reservation of some 7.5 million acres. The discovery of gold on the reservation lead to a second treaty in 1863, 14 Stat. 647, which diminished the reservation to its current size of some 750,000 acres. The effects of that treaty lead to the 1877 war with the United States. The Tribe was also party to a treaty in 1868, 15 Stat. 693, and an agreement with the United States in 1893, neither of which affected the size of the reservation.
The government of the Nez Perce Tribe has existed since time immemorial. The aboriginal structure was based upon villages, bands, and composite bands. Villages had headmen and more powerful councils, as did the bands. Composite band councils were made up of band leaders and prominent warriors. There were also individual leaders for specific functions such as hunting, fishing, and war. The earliest form of non-traditional government was a Farm Committee established in the 1930s. A Constitution was approved by the Bureau of Indian Affairs in 1958, and revised and approved again in 1961. The Constitution establishes the Nez Perce Tribal Executive Committee as the governing body of the Tribe.
The Nez Perce Tribal Executive Committee (NPTEC) is comprised of nine elected members; three year terms; staggered expiration years with three positions elected each year.
Under the Constitution and By-Laws of the Nez Perce Tribe, NPTEC has been delegated the governmental powers of the Tribe. There are seven subcommittees on which NPTEC members sit. Each subcommittee has specific subject matter responsibility, hears matters within that area, and makes reports and recommendations back to NPTEC. Most tribal programs and departments are directly under one of the seven subcommittees. The tribal sub- committee that oversees tribal court is the Law and Order/Intergovernmental Affairs Subcommittee.
Law and Order/Intergovernmental Affairs Subcommittee.
Name of Tribal Court: Nez Perce Tribal Court
Names and Titles of Judges: (*attorney judge)
Chief Judge: Eva White *
Earl McGeoghegan - Judge Pro Tempore*
David Risley - Judge Pro Tempore*
Qualification Requirements for Judges:
Chief Judge: At least 25 years of age; graduate of accredited law school; member of the bar of any state; and has at least three years experience as a judge.
Associate Judge: At least 25 years of age; graduate of an accredited law school and a member of the bar of any state. Prior experience as a judge or in litigation is preferred.
Judge Pro Tempore: must meet minimum standards of Associate Judge; usually a judge from another tribe.
Court Clerk's Office:
Court address: P.O. Box 365, Lapwai, ID 83540
Court Telephone: (208) 843-7338
Court Telefax: (208) 843-7337
Betty Corbett - Secretary
Kim Bryant - Clerk
Lynda Jackson - Clerk
Thelma Oberly - Administrative Clerk
Tribal Prosecutor
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Anthony Anegon (Aherin Rice) 1212 Idaho St. P.O. Drawer 698 Lewiston, ID 83501 (208) 746-3646 |
John Hathaway Orofino, ID |
John Swayne P.O. Box 2627 Orofino, ID 83544 (208) 476-5611 |
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Nicholas Chenoweth (Chenoweth Tyler) 131 Michigan Ave. P.O. Box 2040 Orofino, ID 83544 (208) 476-5545 |
Marcy Spilker (ID Attorney General) 1118 F St. P.O. Drawer B Lewiston, ID 83501 (208) 799-4410 |
Anne Dwelle (Wakefield Dwelle) 609 S. Washington St. Ste. 206 Moscow, ID 83843 (208) 882-5939 |
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Robert Liston Wakefield (Wakefield Dwelle) 609 S. Washington St. Ste. 206 Moscow, ID 83843 (208) 882-5939 |
University of Idaho College of Law Legal Aid Clinic Moscow, ID |
Charles Flower Yakima, WA |
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Theodore Creason (Creason Moore) 1219 Idaho St. P.O. Drawer 835 Lewiston, ID 83501 (208) 743-1516 |
Marc Lyons (Ramsden Lyons) 700 Ironwood Dr. Ste. 301 Coeur D’Alene, ID 83816 (208) 664-5818 |
Kenneth Gallant Moscow, ID |
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Jerry Smith (Smith Cannon) 508 8th St. Lewiston, ID 83501 (208) 743-9438 |
Danny Radakovich 1624 G St. Lewiston, ID 83501 (208) 746-8162 |
Douglas Mushlitz (Clark Feeney) 1229 Main St., Ste. 106 P.O. Drawer 285 Lewiston, ID 83501 (208) 743-9516 |
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William Fitzgerald (Fitzgerald Van Idour) 504 Main St., Ste. 4801 Lewiston, ID 83501 (208) 743-6100 |
Brian Julian (Anderson Julian) 250 S. 5th St., Ste. 700 P.O. Box 7426 Boise, ID 83707-7426 (208) 344-5800 |
David Cantrill (Cantrill Skinner) 1423 Tyrell Ln. P.O. Box 359 Boise, ID 83701 (208) 344-8035 |
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Ed Litteneker 322 Main St. P.O. Box 321 Lewiston, ID 83501-0321 (208) 746-0344 |
Jack Fiander Seattle, WA |
Michael McNichols 321 13th St. P.O. Box 1510 Lewiston, ID 83501-1510 (208) 743-6538 |
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Carla Higheagle Lapwai, ID |
Freida Ellenwood Lapwai, ID |
Cassandra Kipp Lapwai, ID |
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David Dokken (Creason Moore) 1219 Idaho Street P.O. Drawer 835 Lewiston, ID 83501 (208) 743-1516 |
John Tait (Keeton Tait) 312 Miller St. P.O. Box E Lewiston, ID 83501 (208) 743-6231 |
William J. Johnson Pendleton, OR |
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Fred Gabourie, Sr. Plummer, ID |
Charles H. Webb Clarkston, WA |
Charles E. Kovis (Clearwater County PD) 1502 G St. Lewiston, ID 83501 (208) 476-9446 |
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Wesley Wilhite (Bishop Law) 624 3rd St. S. Nampa, ID 83651 (208) 465-5411 |
Robert Van Idour (Nez Perce County PD) 504 Main St., Ste. 480 Lewiston, ID 83501 (208) 743-6100 |
John Norton 109 S. Washington Ste. 5 Moscow, ID 83843 (208) 882-5169 |
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Michael P. Wasko Nezperce, ID |
Michael Ramsden (Ramsden Lyons) 700 Ironwood Dr., Ste. 301 Coeur d’Alene, ID 83816 (208) 664-5818 |
Cumer L. Green (Green Law) 1505 Tyrell Ln. P.O. Box 2597 Boise, ID 83701-2597 (208) 342-8915 |
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Paul Butler 805 W. Idaho St. Ste. 403 Boise, ID 83702 (208) 388-3833 |
Derrick A. Ater (Randall Blake) 1106 Idaho St. P.O. Box 446 Lewiston, ID 83501 (208) 743-1234 |
Joe Wright (Idaho County PA) 114 S. Idaho Ave. Grangeville, ID 83530 (208) 983-0166 |
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John Porter 511 S. Main P.O. Box 459 Troy, ID 83871 (208) 835-5351 |
Daren Fales (Idaho County PD) 416 W. Main P.O. Box 463 Grangeville, ID 83530 (208) 983-0250 |
Douglas Nash (Holland Hart) 101 S. Capitol Blvd. Ste. 1400 P.O. Box 2527 Boise, ID 83701 (208) 342-5000 |
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Linda Pall P.O. Box 8656 Moscow, ID 83843 (208) 882-7255 |
Neil P. Cox Lewiston, ID |
Patty Weeks Rte. 2, Box 31 Reubens, ID 83548-9603 (208) 924-6442 |
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Bruce Briseno Lewiston, ID |
Robert R. Romero (Kootenai County PD) 500 Government Wy. Ste. 600 P.O. Box 9000 Coeur d’Alene, ID 83816 (208) 664-1347 |
Sandra Dickerson Lapwai, ID |
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Kim Torgerson Lewiston, ID |
Julie Kane Lapwai, ID |
Howard G. Arnett Bend, OR |
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Seth Platts Lewiston, ID |
Judson Carusone Lewiston, ID |
Luveren E. Shull Lewiston, ID |
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Thomas Keefe Kamiah, ID |
David J. Cummings Moscow, D |
James Gibson
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Howard Funke Coeur d’Alene, ID |
James A. Cook Boise, ID |
Lynn Seymour Idaho Falls, ID |
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Roderick R. Hall Lewiston, ID |
Roger Settler
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Admission to Practice and Application Process:
Licensed to practice in any state or District of Columbia; signature promise to abide by Tribal Code and court rules; no criminal convictions; $50.00 fee.
Nez Perce Tribal Executive Committee
Office of Legal Counsel
P.O. Box 305
Lapwai, Idaho 83540
208.843.7355
§ 1-1-9 Scope and Extent
The judicial power of the Nez Perce Tribe shall be vested in the tribal judiciary of the Nez Perce Tribe, and shall extend to all cases and controversies in law and equity, arising under the Constitution, By-Laws, laws and regulations of the Nez Perce Tribe, or to which an Indian or Indian owned property is a party.
§ 1-1-10 Territorial Jurisdiction
(a) The territorial jurisdiction of the Nez Perce Tribe shall include all land within the exterior boundaries of the Nez Perce Reservation as defined under Article III of the Nez Perce Tribe's Constitution and By-Laws, and to the greatest extent permissible by law, such other lands as have been or may be added to the reservation, held in trust by the United States for the Nez Perce Tribe or its members or which consist of usual and accustomed fishing locations of the Nez Perce Tribe or open and unclaimed lands.
(b) The jurisdiction of the courts of the Nez Perce Tribe shall extend beyond the Nez Perce Tribe's territorial jurisdiction as set forth above to the extent permissible by law.
§ 1-1-11 Original Jurisdiction
The Nez Perce Tribal Court shall have original jurisdiction over all:
(a) crimes committed by any Indian within the Nez Perce Reservation;
(b) violations of the Nez Perce Tribe Fish and Game laws committed by a member of the Nez Perce Tribe outside the Nez Perce Reservation at any usual and accustomed fishing place or upon open and unclaimed lands; and
(c) civil actions at law or in equity, involving any person or entity and arising under the Constitution, By-laws, laws and regulations of the Nez Perce Tribe, or to which an Indian or Indian owned property is a party.
§ 1-1-12 Personal Jurisdiction
(a) The Nez Perce Tribe shall have civil jurisdiction over:
(1) any person residing or present within the reservation or land protected by treaty with the United States government;
(2) any person who transacts, conducts, or performs any business or activity within the reservation by being present on the reservation or by mail, phone, broadcast, cable either in person or by an agent or representative;
(3) any person who owns, uses or possesses any real or personal property situated within the reservation, for any civil cause of action arising from such ownership, use or possession;
(4) any person who commits a tortious act or engages in tortious conduct within the reservation;
(5) persons under the age of eighteen (18) years who are eligible for membership in the tribe;
(6) children and their parent(s), guardian, legal custodians or other persons with responsibility for or control of the child who leave the exterior boundaries of the reservation and over whom the court had jurisdiction at the time they left;
(7) any real or personal property located on the reservation, the determination of ownership thereof or rights therein or to determine the application of such property to the satisfaction of a claim for which the owner of the property may be liable; and
(8) all causes of action, which involve either the tribe, its officers, agents, employees, property or enterprises, a member of the tribe, a member of a federally recognized tribe, or any other matter which effects the interest or rights of the tribe.
(b) The Nez Perce Tribe shall have criminal jurisdiction over:
(1) all crimes committed by any Indian within the boundaries of the Nez Perce Reservation; and
(2) all violations of the Nez Perce Fish and Game Code committed by a member of the Nez Perce Tribe outside the Nez Perce Reservation at any usual and accustomed fishing place or upon open and unclaimed lands.