The purpose of this guide is to serve as an introduction to begin research related to legal matters involving Native American Indian tribes in Southern California. This guide provides a general overview of Native American Tribal Law topics, resources available, and local agencies that may provide assistance.
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Native American Tribes are sovereign nations subject to the plenary powers of Congress. Most are governed by tribal councils which have their own administrative procedures that must be exhausted prior to commencement of any action. These are tribe-specific, as with any autonomous nation, and the potential litigant should contact the council of the tribe for direction on how to proceed before that tribe.
Bear in mind that with all issues relating to tribes and tribal land there is interplay between Tribal Law, Federal Law, and State Law. Immunity and Jurisdiction are primary issues that should be explored at the start of any legal inquiry regarding tribal or individual liability. Ascertaining the proper forum for an issue before instituting action will save immensely on time and resources.
In San Diego County, the Intertribal Court of Southern California hears cases on a wide variety of topics ranging from Indian Child Welfare, Environment. Tribal Housing, Land Use and Trespass, Civil Disputes, and others. The Court works on a circuit court format, whereby a judge travels from one reservation to the next presiding over assigned cases.
Tribes have sovereign immunity and cannot be sued unless there is an express waiver from the Tribe or Congress. Consult one of the listed resources in order to determine whether immunity applies to your situation.
See also, generally, the Indian Civil Rights Act of 1968 (25 USC §1301-03)
The State of California (as well as certain other states) has concurrent criminal and civil jurisdiction over crimes and causes of action arising in Indian Country. (18 USC § 1162 and 28 USC § 1360).
Indian Country is defined in 18 USC § 1151.
This creates somewhat complex issues of which court has jurisdiction in which instance. There is no bright line test; litigants should be prepared to conduct thorough research regarding their factual scenario in light of specific tribal and state law and procedure. See also the Jurisdiction in Indian Country page from the National Indian Law Library for useful links and information
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