Benewah Sheriff Kirts: ‘Bottom line is rights’
Benewah County Sheriff Robert Kirts just told the House Judiciary Committee, "The bottom line of this issue is Idaho citizens' rights. Are you willing to sign away these rights guaranteed by the state Constitution?" He expressed concerns about existing tribal laws, and said county officers should be able to arrest tribal members and cite them into state court, an issue that's not addressed in the bill. Rep. Bill Killen, D-Boise, asked him what he thinks of the bill, HB 111.
"It adds to the problem," Kirts responded. "First of all you have a bunch of citizens who do not wish to concur with the tribal court. ... If you want to do something, make it reciprocal. If you want to arrest non-tribal members, let us arrest tribal members and cite 'em into state court."
Asked what happened to last year's supposed agreement, Kirts told the lawmakers, "Last year both of us agreed in principle." He said his "only issue" is he doesn't want non-Indians cited into tribal court. "I still think that we're having a misunderstanding about who goes where," responded Rep. Wendy Jaquet, D-Ketchum. "I think I heard today we were using the state courts."
Kirts said he doesn't object to all tribal authority. "I do agree that if you're on tribal land you need a tribal hunting license, I don't have a problem with that," he said. "The only part that we disagree on is on like criminal charges or traffic charges of a non-tribal member should go to state court." He said, "If they agree to cite non-tribal members into state court on any law, I'll deputize 'em tomorrow." The bill, however, covers only citations for crimes - not "any law," such as zoning regulations or other civil matters.
A committee member read from the bill where it says non-tribal members would be cited only into state court, and asked Kirts, "Are you saying there's some loophole there?" Kirts read from a tribal code that says the "tribe may pursue civil remedies." He said, "They can call it anything they want."