United States v. James Russell Lawrence

Appellant James Russell Lawrence, an Indian, was convicted of assault with intent to commit rape in violation of 18 U.S.C. §§ 1153 and 113(a) (1976). Lawrence challenges the jurisdiction of the district court on the ground that Washington’s retrocession to the United States of jurisdiction over the Suquamish Port Madison Indian Reservation was invalid under state and federal law. We disagree and find that the district court’s exercise of jurisdiction was proper.

I.

Background

In 1953, Congress enacted legislation to effectuate the transfer to the states of jurisdiction over criminal offenses and civil causes of action committed or arising in Indian country within the states. Act of Aug. 15, 1953, Pub.L. No. 83-280, 67 Stat. 588 (hereinafter Pub.L. 280). Immediate jurisdiction was given to California, Minnesota, Nebraska, Oregon, and Wisconsin, the “mandatory” states. Id. §§ 2 and 4. The remaining states, the “option” states, were permitted to assume jurisdiction at their election. Id. § 7. Because some states, including Arizona, Montana, New Mexico, North Dakota, Oklahoma, South Dakota, Utah and Washington, had constitutions or statutes containing disclaimers of jurisdiction,…