Editorial: Legislature must solve tribe, county policing split
Idaho lawmakers and the Coeur d’Alene Indian Tribe gave negotiation a shot, hoping that compromise and reason would resolve the dilemma over law enforcement on Coeur d’Alene Reservation lands in Benewah County.
Negotiation failed. Now, in the name of public safety, it’s time for the Legislature to revive the bill it was on the verge of passing last year to achieve cross-deputization of tribal police officers, who are fully certified and meet the same professional qualification standards as county deputies.
In short, the measure would empower tribal police officers to enforce traffic infractions and crimes on the reservation, even against nontribal members. In the absence of that authority, enforcement efforts are often stalled if not squelched because tribal officers have to summon state or county authorities and wait for them to show up.
In sparsely populated Benewah County – about 12 people per square mile – that’s highly inefficient, not to mention a disservice to potential crime victims. Tribal officers can arrest and deal with tribal members, but those are outnumbered on the reservation 6 to 1 by nonmembers.
The same problem doesn’t exist on the Kootenai County portion of the 345,000-acre reservation because Kootenai County has a cross-deputization agreement with the tribe. State Rep. Frank Henderson, R-Post Falls, a former Kootenai County commissioner, says the agreement works well and he favors the proposed legislation.
The bill appeared headed for passage last year but the tribe and county were able to work out a deal, or so it seemed until the Legislature adjourned and county officials insisted on dozens of amendments.
It shouldn’t be so difficult, given the success of the arrangement with Kootenai County. Plus, the Coeur d’Alenes had a similar relationship with Benewah County prior to 2007 when Sheriff Bob Kirts unilaterally canceled it.
It’s no secret that there have been cultural tensions in Benewah County, in part over the tribe’s ownership of Lake Coeur d’Alene and tribal officers’ authority to enforce boating laws on the tribe’s popular waters. That may contribute to the present impasse over cross-deputization.
What’s beyond speculation, however, is that the preferable solution – namely, working out an agreement between tribe and county – shows no signs of working, leaving a significant portion of the Panhandle with impaired law enforcement.
That’s not fair to the public, and it’s up to the Legislature to fix it.