State v. Chambers
State v. Chambers
Opinion of the Court
The State appeals from an order of the District Court (Calais, Romei J.) dismissing, for lack of jurisdiction, a complaint brought against defendant Thomas Chambers.
Maine law grants exclusive authority to the Passamaquoddy Tribe to promulgate and enact ordinances regulating hunting, trapping, or other taking of wildlife within its territory.
In the instant case, a non-tribal member allegedly violated a tribal hunting ordinance. This hunting ordinance applies to defendant even though he is not a member of the tribe. See 30 M.R.S.A. § 6207(1). Pursuant to 30 M.R.S.A. § 6206(3), the State has exclusive jurisdiction over the prosecution of this mat- ' ter. The District Court, therefore, erred in dismissing the case for lack of jurisdiction.
The entry is:
Judgment vacated. Remanded to the District Court for further proceedings consistent with the opinion herein.
All concurring.
. The State appealed the District Court’s pretrial dismissal pursuant to 15 M.R.S.A. § 2115-A (1980 & Supp. 1993) and M.R.Crim.P. 37B.
. The Tribe's authority in this area is subject only to certain authority held by the Commissioner of Inland Fisheries and Wildlife that is not relevant to the instant case. 30 M.R.S.A. § 6207(6) (Pamph. 1993).
.See also Passamaquoddy Tribal Ordinances Regulating Hunting, Fishing and Trapping in the Passamaquoddy Indian Territory § 700(1)(B) (“Any non-tribal person cited for a violation of any provision of these Ordinances shall be prosecuted in a State of Maine Court of Law.”).
Reference
- Full Case Name
- STATE of Maine v. Thomas CHAMBERS
- Status
- Published