Wash. Rev. Code » Title 37 · Chapter 37.12

Wash. Rev. Code § 37.12.010

Assumption of criminal and civil jurisdiction by state

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The state of Washington hereby obligates and binds itself to assume criminal and civil jurisdiction over Indians and Indian territory, reservations, country, and lands within this state in accordance with the consent of the United States given by the act of August 15, 1953 (Public Law 280, 83rd Congress, 1st Session), but such assumption of jurisdiction shall not apply to Indians when on their tribal lands or allotted lands within an established Indian reservation and held in trust by the United States or subject to a restriction against alienation imposed by the United States, unless the provisions of RCW 37.12.021 have been invoked, except for the following:
(1) Compulsory school attendance;
(2) Public assistance;
(3) Domestic relations;
(4) Mental illness;
(5) Juvenile delinquency;
(6) Adoption proceedings;
(7) Dependent children; and
(8) Operation of motor vehicles upon the public streets, alleys, roads and highways: PROVIDED FURTHER, That Indian tribes that petitioned for, were granted and became subject to state jurisdiction pursuant to this chapter on or before March 13, 1963 shall remain subject to state civil and criminal jurisdiction as if *chapter 36, Laws of 1963 had not been enacted.
[ 1963 c 36 s 1; 1957 c 240 s 1.]

Notes:

*Reviser's note: Chapter 36, Laws of 1963, which became effective on March 13, 1963, amended RCW 37.12.010, 37.12.030, 37.12.040, and 37.12.060, repealed RCW 37.12.020, and enacted a new section codified herein as RCW 37.12.021.
Notes of Decisions
Cited in 70 cases (1 in the last 5 years), 1965–2025 · leading case: State v. Cooper
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State v. Cooper (1996) wash · cites it 31× “Amended RCW 37.12.010 (1963) In 1963, the Legislature amended RCW ch.”
State v. Cooper (1996) wash · cites it 31× “Amended RCW 37.12.010 (1963) In 1963, the Legislature amended RCW ch.”
State v. Hoffman (1991) wash · cites it 8× “RCW 37.12.010 was enacted pursuant to congressional authority contained in Pub.”
State v. Schmuck (1993) wash · cites it 15× “tribal law? Second, does a tribal officer have inherent authority to detain a non-Indian motorist who has allegedly violated state and tribal law while on the reservation until he or she can be turned over to state authorities for charging and prosecution? Third, if an Indian…”
State v. Pink (2008) washctapp · cites it 18× “Public Law 280 and RCW 37.12.010 ¶ 14 In 1953, Congress enacted federal legislation authorizing states to impose concurrent state jurisdiction in Indian country with or without tribal consent.”
State v. Pink (2008) washctapp · cites it 18× “Public Law 280 and RCW 37.12.010 ¶14 In 1953, Congress enacted federal legislation authorizing states to impose concurrent state jurisdiction in Indian country with or without tribal consent.”
Cordova v. Holwegner (1999) washctapp · cites it 16× “First, was the tribal corporation an indispensable party to this litigation? Second, does RCW 37.12.010 operate to confer exclusive jurisdiction over this matter in Yakama tribal court as opposed to state court? Third, does the Yakama tribal court have exclusive or concurrent…”
Comenout v. Burdman (1974) wash · cites it 26× “RCW 37.12.010, as amended in 1963, states as follows: The state of Washington hereby obligates and binds itself to assume criminal and civil jurisdiction over Indians and Indian territory, reservations, country, and lands within this state in accordance with the consent of the…”
State v. Abrahamson (2010) washctapp · cites it 23× “¶ 1 Under RCW 37.12.010, the State of Washington assumed criminal and civil jurisdiction over Indians on Indian lands for eight specific areas of law, including the "[o]peration of motor vehicles upon the public streets, alleys, roads and highways.”
In Re Adoption of Buehl (1976) wash · cites it 8× “First, they rely upon RCW 37.12.010, enacted under the Congressional authorization contained in Public Law 83-280, ch.”
State of Washington v. Donald Joseph Gabriel Zack (2018) washctapp · cites it 15× “1 RCW 37.12.010. The history of Washington's assertion of jurisdiction over the Yakama Reservation is discussed in Washington v.”
Washington v. Confederated Bands & Tribes of the Yakima Indian Nation (1979) scotus · cites it 4× “[1] The statute, codified as Wash. Rev. Code § 37.12.010 (1976), provides: "Assumption of criminal and civil jurisdiction by state.”
Show all 70 citing cases →
— Wash. Rev. Code § 37.12.010(1) — 4 cases
State v. Pink (2008) washctapp “Public Law 280 and RCW 37.12.010 ¶ 14 In 1953, Congress enacted federal legislation authorizing states to impose concurrent state jurisdiction in Indian country with or without tribal consent.”
State v. Pink (2008) washctapp “Public Law 280 and RCW 37.12.010 ¶14 In 1953, Congress enacted federal legislation authorizing states to impose concurrent state jurisdiction in Indian country with or without tribal consent.”
Outsource Services Management, LLC v. Nooksack Business Corp. (2013) washctapp
Confederated Tribes and Bands of The Yakama Nation v. Klickitat County (2019) waed
— Wash. Rev. Code § 37.12.010(3) — 3 cases
State of Washington v. Donald Joseph Gabriel Zack (2018) washctapp “1 RCW 37.12.010. The history of Washington's assertion of jurisdiction over the Yakama Reservation is discussed in Washington v.”
In Re Estate of Cross (1995) wash
In Re the Marriage of Landauer (1999) washctapp
— Wash. Rev. Code § 37.12.010(4) — 1 case
State of Washington v. Donald Joseph Gabriel Zack (2018) washctapp “1 RCW 37.12.010. The history of Washington's assertion of jurisdiction over the Yakama Reservation is discussed in Washington v.”
— Wash. Rev. Code § 37.12.010(6) — 1 case
State of Washington v. Donald Joseph Gabriel Zack (2018) washctapp “1 RCW 37.12.010. The history of Washington's assertion of jurisdiction over the Yakama Reservation is discussed in Washington v.”
— Wash. Rev. Code § 37.12.010(7) — 1 case
In Re Estate of Cross (1995) wash
— Wash. Rev. Code § 37.12.010(8) — 15 cases
State v. Abrahamson (2010) washctapp “¶ 1 Under RCW 37.12.010, the State of Washington assumed criminal and civil jurisdiction over Indians on Indian lands for eight specific areas of law, including the "[o]peration of motor vehicles upon the public streets, alleys, roads and highways.”
State v. Pink (2008) washctapp “Public Law 280 and RCW 37.12.010 ¶ 14 In 1953, Congress enacted federal legislation authorizing states to impose concurrent state jurisdiction in Indian country with or without tribal consent.”
State v. Pink (2008) washctapp “Public Law 280 and RCW 37.12.010 ¶14 In 1953, Congress enacted federal legislation authorizing states to impose concurrent state jurisdiction in Indian country with or without tribal consent.”
Yakama Nation v. Yakima County (2020) ca9
Cordova v. Holwegner (1999) washctapp “First, was the tribal corporation an indispensable party to this litigation? Second, does RCW 37.12.010 operate to confer exclusive jurisdiction over this matter in Yakama tribal court as opposed to state court? Third, does the Yakama tribal court have exclusive or concurrent…”
— Wash. Rev. Code § 37.12.010(l) — 1 case
State v. Pink (2008) washctapp “Public Law 280 and RCW 37.12.010 ¶14 In 1953, Congress enacted federal legislation authorizing states to impose concurrent state jurisdiction in Indian country with or without tribal consent.”
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