California judge: Court has authority in tribal dispute

Chris T. Nguyen

Monday, July 26, 2004 | 9:24 a.m.

LOS ANGELES -- A Superior Court judge declined to dismiss a lawsuit by ousted members of an American Indian tribe Friday, saying courts have authority over legal matters that arise from tribal disputes.

Eleven former members of the Pechanga Band of Luiseno Mission Indians had sued members of the tribe's enrollment committee, claiming their rights were violated after being thrown out of the tribe in March.

In his ruling, Riverside County Superior Court Judge Charles D. Field cited a federal law stating that California courts "have jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in Indian country."

"This case is illustrative of the increasing assertion of administrative and judicial scrutiny over matters previously considered to be within the sole jurisdiction of the 'sovereign authority' of a tribe or band," the judge said.

Field anticipated a legal challenge and stayed his order for 30 days to allow parties to appeal the ruling.

Pechanga Chairman Mark Macarro said late Friday that tribal nations, like other governments, determine their own citizenship.

"It's a core function of self-governance. It's absurd that a state court could think it has jurisdiction on any tribe's citizenship."

Jon Velie, attorney for the ousted members, said the ruling was a victory for all Indians.

"There's an entire horrible trend right now of individuals obtaining power and thinking their actions cannot be reviewed," Velie said. "What we have is a certain system that thinks courts can't hear their matter."

Pechanga attorneys have argued sovereignty protects tribes from lawsuits and court intervention, asking Field to dismiss the lawsuit.

The plaintiffs represent an extended family of 130 adults, plus numerous children, claiming ancestry to the tribe, which owns a profitable casino in Temecula. They say they each stand to lose about $120,000 a year from casino profits.

The group argues people were thrown out of the tribe so that committee members could increase their own share of casino money.

The plaintiffs say their roots are recorded in tribal records and trace back 80 years to Manuela Miranda, the granddaughter of Pechanga Chief Pablo Apish. In 1845, they say, the chief received a 2,223-acre land grant from Pio Pico, the last Mexican governor of California.

But tribal leaders, who requested more documentation proving lineage, say Miranda cut ties with the tribe when she moved off the reservation 80 years ago.

The lawsuit had been transferred to federal court, but U.S. District Judge Robert J. Timlin in February ruled that he had no jurisdiction.

In California, at least 1,160 people are fighting to retain membership in a total of 14 tribes, according to an investigation by the Associated Press.

The disputes present a problem because tribes in the state have councils and committees that decide practically all affairs but lack courts to resolve legal disputes.