Ralph R. Tom v. William Sutton, Jailor, Whatcom County

This is an appeal from an order of the United States District Court, Western District of Washington, dismissing appellant’s petition for writ of habeas corpus. Appellant, an enrolled member of the Lummi Indian Tribe, entered a plea of guilty to driving a motor vehicle without a valid operator’s license within the boundaries of the Lummi Reservation in violation of the Lummi Law and Order Code. Appellant was sentenced to a ten-day jail sentence by the Lummi Indian Tribal Court and, while incarcerated, filed his petition for writ of habeas corpus under and pursuant to Title 25, U.S.C. § 1303 .

The sole issue raised by appellant is whether he had the right to the assistance of appointed counsel in the criminal proceedings before the Tribal Court. The district court determined that he did not have such a right and we agree.

In Settler v. Lameer, 507 F.2d 231 (1974), this Court held that neither the Sixth nor the Fourteenth Amendment to the United States Constitution requires Indian tribal courts to provide members of their tribe with representation by professional counsel in proceedings before the tribal court. This holding is consistent with other judicial decisions…