Official Newspaper of Eddy County since 1883
Official Newspaper of Eddy County since 1883
Eddy County Sheriff Paul Lies provided the Eddy County Commission an update on the memorandum of understanding (MOU) proposed by Spirit Lake law enforcement. What remains unknown is how all residents who live within the boundaries of the Spirit Lake Nation can be equitably served.
The proposed MOU “intends to facilitate a cooperative law enforcement effort to provide mutual aid and assistance for public safety of the tribe and the county.” It does allow for Eddy County authorities to respond to calls for emergency service and requests for assistance within the boundaries of the Spirit Lake Nation.
It also authorizes peace officers without jurisdiction to detain or arrest an individual until an officer with jurisdiction takes custody. It requires communication and inter-agency collaboration. It does however have gaps, specifically when it comes to who more so than where. While it is clear that the Eddy County Sheriff’s Office would need to contact Spirit Lake Law Enforcement if an officer was to stop a native individual on reservation lands, Lies said the document does not provide answers regarding what jurisdiction Spirit Lake authorities have over non-natives.
Ramsey County Judge Fouty, who has been included in the conversations, provided a written report of his findings after reviewing the document. His conclusion states, “It appears that if ‘An Act of May 31, 1946 is repealed, neither the State of North Dakota nor the Spirit Lake tribe would have jurisdiction over crimes committed on the Spirit Lake Indian Reservation by Non-Indians against the person or property of an Indian. It seems likely that exclusive jurisdiction would lie with the federal government.”
Sheriff Lies and State’s Attorney Ashley Lies will further examine the MOU and present their concerns at a joint meeting in Bismarck on Wednesday, Jan. 15.
