Patrol, first response will continue to rest with local law enforcement
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Editor,
The recent opinion authored by Lake County Commissioner Decker in the Valley Journal, entitled: “Federal, state, tribal governments should help fund PL280 cost” lacked clarity and factual data, introduced misinformation and demonstrated a lack of knowledge of the core issues related to the law. I am not going to analyze the history and complexities of PL280, but everyone must understand sovereignty, history, and governments to comprehend the law and related issues.
Mr. Decker should have told readers that “retrocession,” the legal process proscribed by Congress to withdraw from existing state policing and prosecution agreements and return to a combination of tribal and Federal government, recently occurred in Washington and is in process in Idaho. There are likely lessons to be learned in both cases.
Common themes expressed by Mr. Decker, and shared by some other local officials included the lack of local control over criminal justice matters and federal law enforcement and prosecutorial resources. Exactly what does Mr. Decker, his fellow government officials wish to control about prosecutions? Who gets arrested? Who gets prosecuted? Which cases are accepted for prosecution? Case disposition? It is highly likely that a substantial number of federal prosecutors, and possibly FBI special agents, are from Montana. Currently, juries in Lake County are drawn from registered Lake County voters, whereas the federal jury pool would include jurors from multiple western Montana counties. Does a broader jury pool intimidate Mr. Decker?
The FBI will not patrol, they will respond to, and investigate major crimes; crimes where the suspect is often in custody or known to authorities. Patrol and first response will continue to rest with the sheriff’s offices, tribal and municipal police departments. Local law enforcement effectiveness should be evaluated upon numbers – calls for service, crimes reported, crimes investigated, cases cleared by – arrest, unfounded or other, prosecutions and convictions, and for the sheriff’s office – jail operation and civil process.
Lake County is facing a number of financial challenges, particularly related to law enforcement. With, or without retrocession, Lake County must think and work smarter, and across all jurisdictions.
John W. Colledge III
Arlee
