Lawyers against sending injury claims to tribes

Tuesday, Feb. 1, 2000 | 9:22 a.m.

They want people with claims against the casinos to have a choice of where to file their claims - either in tribal court or state district court.

The current compacts, signed by the tribes and Gov. Gary Johnson in 1997, allow claims to be filed in either court. Tribes argue the provision is illegal under federal law.

"As far as we are concerned, the law is very, very clear," said Richard Hughes, an attorney for Santa Ana and Santa Clara pueblos.

Ron Morgan, an Albuquerque lawyer and board member of the New Mexico Trial Lawyers Association, said those who get hurt at tribal casinos could see their claims left unanswered.

"Most of the visitors to a casino won't even be able to find the tribal court and can't find the (tribal) laws because they aren't written," Morgan said Monday.

The U.S. Supreme Court has ruled repeatedly that lawsuits that stem from incidents on tribal lands go to tribal courts to maintain the sovereignty of Indian nations.

But Morgan contends the federal Indian Gaming Regulatory Act permits tribes and states to share court jurisdiction.

Morgan said he's afraid those with claims against Indian-run casinos could become "laboratory test animals" if the only place they can file personal-injury claims is tribal court.

A legislative committee plans to meet Thursday to discuss the proposed compacts offered by Johnson and the tribes.

Morgan said he wants the committee to disregard statements made by George Skibine, director of the Department of Interior's Office of Indian Gaming Management, in a letter sent last week to the committee.

Skibine wrote that it was not legally possible to let people with claims against casinos choose where to file them because "federal law doesn't permit such a choice."