State v. Big John

The state appeals an order dismissing nine citations charging nine members of the Lac du Flambeau Band of the Lake Superior Chippewa with operating unregistered motorboats on state waters, contrary to sec. 30.51(1), Stats. The state argues that the trial court erroneously concluded that the state lacked jurisdiction to enforce sec. 30.51(1) against the charged tribal members. We conclude that enforcing sec. 30.51(1) against the tribal members would infringe on the Band’s right of tribal self-government and that, therefore, the state is without jurisdiction to proceed on the citations. The…