Queets Band of Indians v. The State of Washington, Muckleshoot Indian Tribe v. The State of Washington

The district court permanently enjoined the state from enforcing its motor vehicle licensing and registration requirements on vehicles licensed and registered by the appellee tribes, reasoning that each tribe was a “jurisdiction” as defined in Wash.Rev. Code § 46.85.020(2), for the purposes of reciprocal immunity from these requirements as provided in Wash.Rev.Code § 46.85.080. On appeal, we grant the state’s motion to have this question of local law certified to the Washington Supreme Court for consideration.

FACTS

The Quinault Indian Nation (Queets) and the Muckleshoot Band of Indians (Muckleshoots) are federally recognized tribes that govern reservations within the boundaries of Washington. In 1974 the Queets requested the state to issue state license plates for tribal vehicles at the nominal fee provided for vehicles of state agencies and local governments. When the state refused, the Queets adopted its own licensing and registration system. The Muckleshoots enacted their Motor Vehicle Licensing Ordinance in 1977.

The tribal statutes authorize registration and licensing only for tribal government service vehicles. License plates are standard size, consecutively numbered and…