Montana test (Washington) · Go Syfert
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Montana test in Washington

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.

Followed or applied (1)

CaseFollowedCited
Atkinson Trading Co. v. Shirleygreen
scotus · 2001 · cited in 1 Washington opinions naming this issue, 2004–2004
2 sentences

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 .

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 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Montana v. United States green
scotus · 1981
2 sentences

2011Review 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 .

41999–2011
In Re Lewis green
wash · 1957
2 sentences

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

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

22014–2014
Strate v. A-1 Contractors green
scotus · 1997
2 sentences

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.

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.

21999–2010
Maxa v. Yakima Petroleum, Inc. green
washctapp · 1996
2 sentences

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.

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.

22005–2005
Nevada v. Hicks green
scotus · 2001
2 sentences

2005Hicks, 533 U.S. at 360 .

2005Hicks, 533 U.S. at 360 .

22005–2005
Rodriguez v. Wong neutral
washctapp · 2004
2 sentences

2005Rodriguez, 119 Wn.

2005Rodriguez, 119 Wn.

22005–2005
Smith v. Board of Walla Walla County Commissioners green
washctapp · 1987
2 sentences

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

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

12014–2014
State v. Schmuck green
wash · 1993
2 sentences

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

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

12011–2011
State v. SOLLESVIK green
wash · 2012
1 sentence

2011Review 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 .

12011–2011
Rodriguez v. Wong green
washctapp · 2004
2 sentences

2005Rodriguez, 119 Wash.App. at 641-43 , 82 P.3d 263 .

2005Rodriguez, 119 Wash.App. at 641-43 , 82 P.3d 263 .

12005–2005
County of Lewis v. Allen green
ca9 · 1998
2 sentences

1999Lewis County v. Allen, 163 F.3d 509 , 513 (9th Cir. 1998).

1999Lewis County v. Allen, 163 F.3d 509 , 513 (9th Cir. 1998).

11999–1999

Where else courts name it

MT 63 (1947–2026) WA 10 (1999–2014) ND 7 (1990–2020) OK 6 (1942–2025) SD 4 (2004–2024) MS 4 (1996–2002) NM 3 (1992–2012) ID 3 (1987–2017) OH 3 (1996–2006) CA 3 (1981–2015) AZ 2 (1997–2023) NJ 2 (1974–2021) WI 2 (1979–2012) AK 2 (1999–2016) WY 2 (1992–2015)

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.

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