Confederated Tribes of the Colville Reservation Lawrence Fry v. State of Washington Washington State Patrol George B. Tellivek

This appeal involves a dispute between the Confederated (Indian) Tribes of the Col-ville Reservation together with Lawrence Fry, an enrolled member (the Tribes), and the State of Washington with respect to one of the latter’s motor vehicle traffic laws.

The issue is one of law: does the State of Washington possess jurisdiction over on-reservation Indians to enforce its statute prescribing speed limits for motor vehicles operated upon public roads within, and thus a part of, the reservation?

The District Court concluded that the answer is “yes”. We disagree.

The facts are undisputed: on May 21, 1988, Lawrence Fry, an enrolled member of the Tribe, while operating his motor vehicle on Highway 97 within the Reservation was stopped by a Washington State Patrol officer for exceeding the Washington State speed limit. The officer was not commissioned by the Tribe to enforce tribal traffic laws; because Washington treats speeding as a civil, not a criminal, offense, the officer gave Fry a civil complaint pursuant to RCW Ch. 46.63.

However, Fry did not pay the prescribed fine nor contest the complaint in state court; instead he and the Tribes commenced this action in the Federal…