Tribal Council Resolution
Authorizing Diversion to Tribal Court of a Driving-Under-the-Influence Matter Involving a Tribal Council Member, Pursuant to Public Notice PN-510
WHEREAS, Agency Tribal Nations is the federally recognized tribal government of the Mendocino Indian Reservation, exercising inherent sovereign authority over its members, lands, and internal governance; and
WHEREAS, under Worcester v. Georgia, 31 U.S. 515 (1832), and its modern progeny, tribal nations are "distinct, independent political communities" whose self-government is protected from state infringement absent express congressional authorization; and
WHEREAS, Public Law 280 (18 U.S.C. § 1162; 28 U.S.C. § 1360) grants California limited criminal jurisdiction over offenses committed by or against Indians in Indian Country, but, as held in Bryan v. Itasca County, 426 U.S. 373 (1976), and California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), confers no civil regulatory authority and does not divest tribal courts of concurrent jurisdiction over their members; and
WHEREAS, the Tribal Council was informed that Michelle Nguyen, a duly seated member of the Tribal Council of Agency Tribal Nations, was the subject of a Driving-Under-the-Influence (DUI) allegation arising from conduct occurring on the Mendocino Indian Reservation; and
WHEREAS, the matter was initially referred to a California state court forum, notwithstanding the inherent jurisdiction of the Tribe over the conduct of its own council members on tribal land, and notwithstanding the concurrent jurisdiction of the tribal court system as confirmed in Walker v. Rushing, 898 F.2d 672 (8th Cir. 1990), and the U.S. Department of Justice Office of Tribal Justice Concurrent Tribal Authority Memo (2000/2023); and
WHEREAS, Public Notice PN-510 (April 7, 2026) established the Case Law Division of Agency Tribal Nations and launched the Diversion to Tribal Court program as the operational remedy for tribal members improperly subjected to California state-court jurisdiction on tribal land; and
WHEREAS, the Case Law Division has reviewed the Nguyen matter and determined that it is eligible for diversion under the criteria of PN-510, including (i) the location of the alleged conduct on tribal land, (ii) the tribal-member status of the accused, and (iii) the availability of a tribal forum operating under inherent tribal authority and federal precedent; and
WHEREAS, the Tribal Council reaffirms its commitment to the rule of law, community safety, accountability of tribal officials, and the structural defense of tribal sovereignty against jurisdictional overreach;
NOW, THEREFORE, BE IT RESOLVED
by the Tribal Council of Agency Tribal Nations as follows:
1. Affirmation of Jurisdiction. The Tribal Council affirms that the Mendocino Indian Reservation is sovereign tribal territory and that the Tribe holds inherent jurisdiction over the conduct of its members — including seated council members — for acts occurring on tribal land, concurrent with any lawful state criminal jurisdiction under Public Law 280.
2. Diversion Authorized. Pursuant to Public Notice PN-510, the matter of Michelle Nguyen is hereby formally diverted to tribal court jurisdiction. The Case Law Division is directed to file the diversion record, including a tailored case-law packet drawn from the Case Law Division database, with the receiving tribal court forum and to provide notice of the diversion to the relevant California state court.
3. Tribal Court Proceeding. The matter shall be adjudicated under tribal law and procedure in a tribal court forum, which may include coordination with the Northern California Intertribal Court System (NCICS) framework where appropriate. Council Member Nguyen shall be afforded all due-process protections guaranteed under tribal law and the Indian Civil Rights Act (25 U.S.C. § 1301 et seq.).
4. Interim Administrative Action. Pending resolution of the tribal court proceeding, Council Member Michelle Nguyen is temporarily relieved of voting duties on Council matters concerning law enforcement, public safety, and the Diversion to Tribal Court program, to avoid any appearance of conflict. All other council functions shall continue unless modified by further Council action.
5. Tribal Penalties and Consequences. Should the tribal court find the allegations sustained, the court is authorized to impose penalties consistent with tribal law, which may include fines, alcohol education and treatment programs, community service to the Reservation, suspension of tribal driving privileges, and any additional accountability measures the court deems appropriate. Any sanction imposed shall be entered on the tribal record and reported to the Council.
6. Sovereignty Defense Record. The Case Law Division shall preserve the full record of this diversion — including the eligibility review, case-law packet, state-court notice, and tribal court disposition — as part of the documentary record of tribal jurisdictional reassertion under federal law contemplated by PN-510.
7. Reaffirmation of Commitment. The Tribal Council reaffirms its commitment to (i) community safety on the Mendocino Indian Reservation, (ii) the accountability of all tribal officials, including council members, to tribal law, and (iii) the defense of tribal sovereignty against unlawful state-court reach into Indian Country.
8. Effective Date. This Resolution is effective immediately upon adoption and shall be published as a companion document to Public Notice PN-510.
Controlling Authorities
- Worcester v. Georgia, 31 U.S. 515 (1832) — foundational tribal sovereignty
- Williams v. Lee, 358 U.S. 217 (1959) — infringement test
- Bryan v. Itasca County, 426 U.S. 373 (1976) — PL 280 confers no civil/regulatory authority
- California v. Cabazon Band, 480 U.S. 202 (1987) — civil/regulatory laws inapplicable to tribes under PL 280
- Walker v. Rushing, 898 F.2d 672 (8th Cir. 1990) — PL 280 does not divest tribal courts of concurrent jurisdiction
- DOJ Office of Tribal Justice — Concurrent Tribal Authority Memo (2000/2023)
- Indian Civil Rights Act, 25 U.S.C. § 1301 et seq.
Certification
The foregoing Resolution was duly considered and adopted by the Tribal Council of Agency Tribal Nations on April 7, 2026, by a vote of ____ in favor, ____ opposed, ____ abstaining, with Council Member Michelle Nguyen recused.
Head Chief, Agency Tribal Nations
Tribal Council Secretary
Issued under the authority of the
TRIBAL COUNCIL · OFFICE OF THE HEAD CHIEF
Agency Tribal Nations · Mendocino Indian Reservation
Case Law Division · Diversion to Tribal Court Program · PL 280 Jurisdictional Defense