Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
10 Washington opinions name it 2 courts 1999–2014 0 in the last five years
The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Atkinson Trading Co. v. Shirleygreen2 sentences2004The Montana rule applies only when a tribe attempts to regulate nonmember conduct on “non-Indian fee lands.” Montana, 450 U.S. at 565 ; see Atkinson, 532 U.S. at 654 . 2004The Montana rule applies only when a tribe attempts to regulate nonmember conduct on “non-Indian fee lands.” Montana, 450 U.S. at 565 ; see Atkinson, 532 U.S. at 654 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Montana v. United States
green
2 sentences2011Review denied at 173 Wn.2d 1020 (2012). 1 The first Montana exception arises when a non-Indian enters into a consensual relationship with a tribe, such as an employment or contractual relationship. 450 U.S. at 565-66 . 2005The Montana rule has exceptions, which allow Indian governments to tax nonmembers for conduct based on a consensual relationship between the tribe and the nonmember or based on actions that affect “the political integrity, the economic security, or the health or welfare of the tribe.” Montana, 450 U.S. at 566 . | 4 | 1999–2011 |
In Re Lewis
green
2 sentences2014The court held that all five elements of the Montana test must be fulfilled before a position is considered an “office.” The members of the legislative council were not delegated sovereign functions, the second of the elements. ¶54 In In re Welfare of Lewis, 51 Wn.2d 193 , 316 P.2d 907 (1957), the court addressed the term “county officer” found in RCW 36.27.020(2), which directs the prosecuting attorney to advise “all county and precinct officers.” Although a probation officer is not elected, the court held that he is a “county officer.” Id. at 201 . ¶55 In Smith v. Board of Walla Walla County 2014The court held that all five elements of the Montana test must be fulfilled before a position is considered an “office.” The members of the legislative council were not delegated sovereign functions, the second of the elements. ¶54 In In re Welfare of Lewis, 51 Wn.2d 193 , 316 P.2d 907 (1957), the court addressed the term “county officer” found in RCW 36.27.020(2), which directs the prosecuting attorney to advise “all county and precinct officers.” Although a probation officer is not elected, the court held that he is a “county officer.” Id. at 201 . ¶55 In Smith v. Board of Walla Walla County | 2 | 2014–2014 |
Strate v. A-1 Contractors
green
2 sentences2010In Strate v. A-1 Contractors, 520 U.S. 438 , 117 S.Ct. 1404 , 137 L.Ed.2d 661 (1997), the Court made clear that the second Montana exception included a necessity requirement. 2010In Strate v. A-1 Contractors, 520 U.S. 438 , 117 S.Ct. 1404 , 137 L.Ed.2d 661 (1997), the Court made clear that the second Montana exception included a necessity requirement. | 2 | 1999–2010 |
Maxa v. Yakima Petroleum, Inc.
green
2 sentences2005Similarly, the Montana analysis is not applicable here, as the activities occurred outside the reservation. ¶15 This reading of Montana is further supported by Maxa v. Yakima Petroleum, Inc., 83 Wn. 2005Similarly, the Montana analysis is not applicable here, as the activities occurred outside the reservation. ¶15 This reading of Montana is further supported by Maxa v. Yakima Petroleum, Inc., 83 Wn. | 2 | 2005–2005 |
Nevada v. Hicks
green
2 sentences2005Hicks, 533 U.S. at 360 . 2005Hicks, 533 U.S. at 360 . | 2 | 2005–2005 |
Rodriguez v. Wong
neutral
2 sentences2005Rodriguez, 119 Wn. 2005Rodriguez, 119 Wn. | 2 | 2005–2005 |
Smith v. Board of Walla Walla County Commissioners
green
2 sentences2014The court held that all five elements of the Montana test must be fulfilled before a position is considered an “office.” The members of the legislative council were not delegated sovereign functions, the second of the elements. ¶54 In In re Welfare of Lewis, 51 Wn.2d 193 , 316 P.2d 907 (1957), the court addressed the term “county officer” found in RCW 36.27.020(2), which directs the prosecuting attorney to advise “all county and precinct officers.” Although a probation officer is not elected, the court held that he is a “county officer.” Id. at 201 . ¶55 In Smith v. Board of Walla Walla County 2014The court held that all five elements of the Montana test must be fulfilled before a position is considered an “office.” The members of the legislative council were not delegated sovereign functions, the second of the elements. ¶54 In In re Welfare of Lewis, 51 Wn.2d 193 , 316 P.2d 907 (1957), the court addressed the term “county officer” found in RCW 36.27.020(2), which directs the prosecuting attorney to advise “all county and precinct officers.” Although a probation officer is not elected, the court held that he is a “county officer.” Id. at 201 . ¶55 In Smith v. Board of Walla Walla County | 1 | 2014–2014 |
State v. Schmuck
green
2 sentences2011This is commonly referred to as the "second Montana exception." In Schmuck , this court recognized that drunk driving threatens a tribe's health and welfare and therefore held that tribal police officers had inherent authority to detain a person suspected of drunk driving until state authorities arrived. 121 Wash.2d at 391-92 , 850 P.2d 1332 . ¶ 32 The majority suggests that the tribe's inherent authority to detain a non-Indian disappears the moment the non-Indian crosses the boundary of the reservation, notwithstanding that a violation of the law took place on the reservation and notwithstand 2011This is commonly referred to as the "second Montana exception." In Schmuck , this court recognized that drunk driving threatens a tribe's health and welfare and therefore held that tribal police officers had inherent authority to detain a person suspected of drunk driving until state authorities arrived. 121 Wash.2d at 391-92 , 850 P.2d 1332 . ¶ 32 The majority suggests that the tribe's inherent authority to detain a non-Indian disappears the moment the non-Indian crosses the boundary of the reservation, notwithstanding that a violation of the law took place on the reservation and notwithstand | 1 | 2011–2011 |
State v. SOLLESVIK
green
1 sentence2011Review denied at 173 Wn.2d 1020 (2012). 1 The first Montana exception arises when a non-Indian enters into a consensual relationship with a tribe, such as an employment or contractual relationship. 450 U.S. at 565-66 . | 1 | 2011–2011 |
Rodriguez v. Wong
green
2 sentences2005Rodriguez, 119 Wash.App. at 641-43 , 82 P.3d 263 . 2005Rodriguez, 119 Wash.App. at 641-43 , 82 P.3d 263 . | 1 | 2005–2005 |
County of Lewis v. Allen
green
2 sentences1999Lewis County v. Allen, 163 F.3d 509 , 513 (9th Cir. 1998). 1999Lewis County v. Allen, 163 F.3d 509 , 513 (9th Cir. 1998). | 1 | 1999–1999 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.