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Federal judge to hold hearing on man's 'Indian' status
Thursday, May 20, 2004
Ed. Note. The ex-BIA agent's name is Duane Garvais, not Justin Quackenbush, who is the federal judge. The names were inadvertently mixed up in an earlier posting.
A federal judge in Washington is trying to decide whether an ex-Bureau of Indian Affairs agent facing criminal charges on the Spokane Reservation meets the definition of "Indian."
If Duane Garvais is not Indian, the tribe has no criminal jurisdiction over him.
Garvais is reportedly of Colville descent, but is not enrolled in any tribe.
Garvais says he is the victim of retaliation for uncovering police corruption on the reservation. He drew the ire of the Spokane Tribe, which passed a resolution urging his removal from the BIA.
The BIA transferred Garvais , put him on leave and eventually fired him. In the meantime, he was charged in Spokane tribal court for allegedly mishandling evidence.
Under the recent
U.S. v. Lara decision of the U.S. Supreme Court, tribes have criminal jurisdiction over all Indians, regardless of enrollment. But it is unclear whether Indians who are not enrolled in any tribe or do not meet the one-fourth blood quantum standard set out in federal laws are "Indian."
Get the Story:
Hearing to determine if ex-BIA agent is Indian
(The Spokesman Review 5/19)
Relevant Links:
Spokane Tribe -
http://www.spokanetribe.com
Related Stories:
BIA agent put on
leave alleges retaliation (1/19)
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