Supreme Court: Tribal judge did not have jurisdiction over non-Indian in divorce case

Sisseton Wahpeton Oyate courts violated tribe's codes, state law and U.S. Supreme Court precedent

A tribal court that attempted to exercise control over a non-Indian in a divorce proceeding did not have the authority to do so, the South Dakota Supreme Court has ruled.

In making its determination Thursday, the Court examined the confluence of state law, the Sisseton Wahpeton Oyate’s Tribal Court codes and the U.S. Supreme Court’s 1981 decision in Montana v. United States. That decision limited tribal court authority over non-Indians unless certain conditions were met.

All five of the justices agreed with parts of the majority opinion, written by Justice Janine Kern. However, Justices Mark Salter and Patricia DeVaney filed a separate dissent as did Justice Scott Myren.

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