assume jurisdiction over Indian country.” State v. Cooper, 130 Wn.2d 770, 773,
928 P.2d 406 (1996). “Public Law 280 gave five states criminal jurisdiction over
all Indian country with the exception of three reservations.” Cooper, 130 Wn.2d
at 773. It “gave the remaining states, including Washington, the consent of the
United States to assume jurisdiction over Indian country by statute and/or
amendment of their state constitutions.” Id.
5 Pub.L. No. 83–280, § 7, 67 Stat. 588, 590 (1953).
5
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No. 83456-8-I/6
In 1962, pursuant to Public Law 280, Washington adopted
RCW 37.12.010, which established that:
The State of Washington hereby obligates and binds itself to
assume criminal and civil jurisdiction over Indians, and Indian
territory, reservations, country, and lands within this state in
accordance with [Public Law 280], but such assumption of
jurisdiction shall not apply to Indians when on their tribal lands or
allotted lands within an established Indian reservation and held in
trust by the United States or subject to a restriction against
alienation imposed by the United States, unless the provisions of
RCW 37.12.021 have been invoked, except for the following:
(1) Compulsory school attendance;
(2) Public assistance;
(3) Domestic relations;
(4) Mental illness;
(5) Juvenile delinquency;
(6) Adoption proceedings;
(7) Dependent children; and
(8) Operation of motor vehicles upon the public streets,
alleys, roads and highways.
Through this statute, “Washington assumed full nonconsensual civil and criminal
jurisdiction over all Indian country outside established Indian reservations.”
Cooper, 130 Wn.2d at 775-776.
“Allotted or trust lands are not excluded from full nonconsensual state