Spilyay tymoo., November 19, 1981, Page 6, Image 6

PAGE 6 NOVEMBER 19,1981
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'_____ SPILYAY TYMOO
The reasons why—
“Did you know you ran a
stop sign,” the uniformed
police officer asked the driver
o f the red foreign-m ade
a u t o m o b l e . T h e d r iv e r
responded with a nervous
“Yes” and sharply added, “It
isn't a crime is it?”
Up until October 9 it was a
criminal offense to run a stop
sign or to violate any of the
W arm S p r in g s t r a f f i c
ordinances. The most minor
offense was treated as a
criminal case requiring much
paperwork as well as court
appearances by police officers
plus the option of a jury trial if
the offender desired.
Approximately 15 percent of
the 3700 jury trials during 1980
in Warm Springs were for
traffic offenses. Anywhere else
most of these traffic offenses
would have been considered
only traffic infractions not
warranting a jury trial.
A comprehensive Law and
Order Code revision was
authorized after a study
conducted in 1980 revealed a
need for such a revision in all
tribal ordinances. Justice
administrator Richard Burton
s a id , “ O v e r th e y e a r s
irdinances were passed a piece
at a time...and some things in
the code were lacking.” The
entire code is being updated.
The traffic code revision has
been completed and approved
by Tribal Council.
Traffic Code Revised
commented at a recent meeting
with law and order personnel
on what Tribal Council had in
mind when they drafted the
new traffic code. There were
four major areas in which they
felt revisions were necessary.
Traffic Infractions
The fact that all traffic
offenses were treated as crimes
needed to be changed. The new
traffic code makes most traffic
offenses infractions, that is,
minor offenses classified as A,
B, C, and D. Class A traffic
infractions carry a fine not
exceeding $500; class B, a fíne
not exceeding $250; class C, a
fine not exceeding $100; and a
class D traffic infraction carries
a fine not to exceed $50.
A jury trial is no longer
offered the offender for traffic
infractions. Bail is set for each
violation. The offender can go
to trial before a judge if he feels
he is not guilty or he may mail
bail to the court if he is guilty.
There is no longer any need for
the offender to miss work to go
through the court process or
for policemen to appear for
trials as the result of issuing
citations for traffic offenses.
The expense of a jury trial is
eliminated for these infrac­
tions.
H ow ever, som e tra ffic
offenses are still deemed crimes
carrying very severe penalties.
These major crimes include:
R eckless driving; D riving
u n d er th e in flu e n c e o f
intoxicants; Failure to perform
the duties of a driver involved
in an accident; Fleeing or
attempting to elude a police
officer; and. Driving with a
suspended or revoked license.
The Warm Springs tribal
code, which has been used for
years, grew out of the old code
of Indian Offenses instigated
prior to 1936. At that time the
federal government was doing
away with self-rule and created
the code of Indian Offenses
under the supervision of the
superintendent. Every offense Non-Indian Violators
committed was an offense
A second reason for revision
against the tribe and thus a
of the Warm Springs traffic
crime.
The 1968 Indian Civil Rights code was because of the lack in
Act then required that a jury the old code for jurisdiction
trial must be provided when an over n o n -In d ia n T ra ffic
individual accused of a crime violators. Tribal Council felt
requested it. The workload was that the extensive use of both
increasing and it was realized state and tribal highways by
non-Indians, many of whom
that a revision was necessary.
As part of the revision the were reservation residents and
tr a ffic c o d e r e c e iv e d a tribal employees, called for
thorough going over. Tribal some jurisdiction over them for
minor traffic offenses. Council
A tto rn ey Jim N o te b o o m
provided that such jurisdiction
DISCUSSION OF NEW CODE—Judge Dave Harding and
tribal fish and game officer Oliver Kirk discuss the revised traffic
code which both must be familiar with in performing their jobs.
Spilyay Tymoo photo by Shewciyk
would be concurrent (in unison
with) state jurisdiction in that
“any non-Indian should have
unfettered option to ask to be
cited into state court rather that
tribal court.”
At this point no agreement
has been reached with the state
Department of Motor Vehicles
as to the recording of offenses
committed by non-Indians on
the Warm Springs reservation,
according to Noteboom. Now a
citation issued in Warm
Springs and dealt with by tribal
court would not be recorded at
the DMV.
If an agreement is reached as
has been done at Umatilla and
Burns a citation issued in
Warm Springs would be
recorded with the state.
Non-Indians choosing to go
to state court would have their
citation recorded on their
driving record automatic» llv
P reviously all cita tio n s
issued to non-Indians went to
state court with revenue going
to the state. With bail money
now being sent to tribal court
and cases being tried in tribal
court, revenue for the tribe will
increase.
Tribal court still does not
have the authority to try non-
Indians for major traffic
crimes. Warm Springs police
officers, however, do have the
authority to arrest traffic
offenders for any of the major
crimes.
So far there has been nothing
worked out with the state as to
the treatment of non-Indian
traffic offenders who do not
pay bail or do not show up for
court. It is only after the state
recognizes the citation issued in
Warm Springs that a follow-up
can occur.
Attorney Noteboom pointed
out that there was a plan in-the-
making to introduce a bill into
the Oregon legislature in 1983
calling for recognition of traffic
citations issued to non-Indians
going to tribal court in Warm
Springs. Also a fine-splitting
bill for criminal offenses may
be introduced. Warm Springs
would receive part of the
revenue for fines related to
crimes committed on the
reservation, although tried in
state courts.
' Noteboom commented on
the newness of the traffic code
saying, “We’ll have to gain
some experience as we go. This
is a new program and we’ll have
to see how it works out. There’ll
be a lot of bugs to work out.”
No Loopholes
Complexity in the old code
and procedures used to enforce
it is a third reason for Tribal
Council’s requesting a revision
in the traffic code. Tribal
Council wanted tribal members
to understand the'traffic laws
and to be able to represent
themsleves without having to
involve legal aide from the
tribal court. This would free
some of the time involved in
many cases.
“Loopholes” in the law will
not prevent justice from being
done. A written introduction
to the traffic code states,
“Provision was made that
failure to follow procedures
contained in the tribal code
would only defeat an action
where it could be shown that
the fa ilu re su b sta n tia lly
prejudiced the defendant.” No
longer would a case be thrown
out just because a birthdate was
not recorded correctlv.
Tribal Council does not want
a carbon copy of state and
federal court, acording to a
statement made by Noteboom.
The complexity of these courts
have a lot of shortcomings.
“We want to see justice;”
Uniform Traffic Code
The definitions of traffic
offenses were brought more
into accord with the laws ol
Oregon and other states with
the revision of the Warm
Springs traffic code. The
Uniform Traffic Code was
adopted so tribal members and
o t h e r p e r s o n s o n the
reservation are not subjected to
different definitions of the
same offense.
Concisely, revision of the
traffic code as authorized by
Tribal Council has the purpose
o f expanding tribal court
jurisdiction and protecting the
people of the Warm Springs
reservation. The purpose as
cited in the traffic code
introductory statement reads:
It was not the object of the
Tribal Council to cede any
jurisdiction over traffic matters
to the state of Oregon, but was
rather the object of the Tribal
Council to expand tribal court
jurisdiction and to protect
tribal court jurisdiction so as to
enhance the safety and welfare
o f a ll p e r s o n s on th e
reservation.”
Discovery Club members win marching trophy
The Simnasho School 4-H
Discovery Club came back
from the 30th Anniversary
Veterans Day Parade, held in
Albany, Oregon on November
l l , with a first-place trophy
and ribbon. Rewarded for their
marching abilities, the troupe
from Simnasho took first place
over 24 other youth marching
groups.
The students marched two
miles, sporadically performing
practiced routines while the
valley rain soaked their capes,
shoes and hair. The rain didn’t
prevent the 200 entrants from
trudging on through mud
puddles and wet streets to
entertain the 20,000 also-
soaked spectators.
Simnasho teacher and 4-H
leader Rich Little marched
with the students carrying the
g litte r in g trop h y to the
marcher's delight. He said the
students represented Warm
Springs well. “They were proud
of who they are and where they
are from.” 4-H leader Nancy
Tailfeathers also marched with
the 4-H club.
The marchers’ abilities were
enhanced with purple and gold
capes lent to the group by
teacher Patricia Little o f
Lebanon where the students
spent the previous night. Each
marcher also wore a bell on his
right foot to intensify their
marching sound. Starla Greene
and Rena Suppah wore regalia
and carried the Simnasho
School 4-H “Discovery” Club
banner.
This is the second year the
Simnasho marchers partici­
pated in the Albany parade.
They placed tenth in the youth
marchers division last year.
Since then they have marched
at com m unity and school
events. Their next scheduled
appearance is in the December
5 Christmas parade in Bend,
FIRST RATE MARCHERS—SimnasAo School students shout “Simnasho” to the question
Oregon.
“Who’s number one?”
Spilyay Tymoo photo by Shewczyk