An Act To Allow Tribal Members a Choice of Venue
Maine Legislature, Session 126, LD 1253
Committee: Judiciary
Sponsors: BEAR
Amends: 4 MRSA §105, 4 MRSA §152, 30 MRSA §6209-A, 30 MRSA §6209-B, 30 MRSA §6209-C

Legislative Document 
No. 1253 
H.P. 887 
House of Representatives, March 27, 2013 
An Act To Allow Tribal Members a Choice of Venue 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BEAR of the Houlton Band of Maliseet Indians. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA §105, sub-§2, as enacted by PL 1999, c. 731, Pt. ZZZ, §3 and 
affected by §42, is amended to read: 
2.  Exceptions to Superior Court's exclusive jurisdiction.  The Superior Court does 
not have exclusive jurisdiction over matters for which: 
A.  Concurrent or exclusive jurisdiction is vested in the District Court; or 
B.  Concurrent jurisdiction is vested in the Supreme Judicial Court as provided in 
Title 14, section 5301.; or 
C.  Concurrent jurisdiction is vested in a tribal court as provided in Title 30, chapter 
601. 
Sec. 2.  4 MRSA §152, as amended by PL 2011, c. 542, Pt. A, §1; c. 614, §1; and 
c. 682, §38, is further amended by adding at the end a new paragraph to read: 
Notwithstanding the designation of exclusive jurisdiction in this section, the District 
Court has concurrent jurisdiction with the tribal court as provided in Title 30, chapter 
601. 
Sec. 3.  30 MRSA §6209-A, sub-§2-A is enacted to read: 
2-A.  Concurrent jurisdiction.  The Passamaquoddy Tribe has concurrent 
jurisdiction with the State over all criminal and civil actions as set out in this subsection 
in which the defendant is a member of the Passamaquoddy Tribe, the Penobscot Nation 
or the Houlton Band of Maliseet Indians, other than actions in which the Passamaquoddy 
Tribe has exclusive jurisdiction as provided in this section.  If a criminal or juvenile 
action is commenced in state court, at the time of the first appearance for the criminal or 
juvenile action the defendant or juvenile may move the action to the Passamaquoddy 
Tribal Court by filing a motion to transfer the action.  If a civil action is commenced in 
state court, the defendant may move the action to the Passamaquoddy Tribal Court by 
filing a motion at the first appearance or in the first filing by the defendant, whichever 
occurs first; both parties must agree in order for the civil action to be moved to the 
Passamaquoddy Tribal Court.  If an action is commenced in the Passamaquoddy Tribal 
Court, the defendant may move the action to the state court by filing a motion to transfer 
the action at the time of the first appearance for a criminal or juvenile action and at the 
first appearance or in the first filing made by the defendant, whichever occurs first, for a 
civil action.  The Passamaquoddy Tribe has concurrent jurisdiction with the State over: 
A.  Criminal offenses for which the maximum potential term of imprisonment is less 
than one year and the maximum potential fine does not exceed $5,000 and that are 
committed by a member of the Passamaquoddy Tribe, the Houlton Band of Maliseet 
Indians or the Penobscot Nation; 
B.  Juvenile crimes against a person or property involving conduct that, if committed 
by an adult, would fall within the jurisdiction under paragraph A, and juvenile 
crimes, as defined in Title 15, section 3103, subsection 1, paragraphs B and C, 
committed by a juvenile member of the Passamaquoddy Tribe, the Houlton Band of 
Maliseet Indians or the Penobscot Nation; 
C.  Civil actions between members of the Passamaquoddy Tribe, the Houlton Band of 
Maliseet Indians or the Penobscot Nation cognizable as small claims under the laws 
of the State, and civil actions against a member of the Passamaquoddy Tribe, the 
Houlton Band of Maliseet Indians or the Penobscot Nation under Title 22, section 
2383; 
D.  Indian child custody proceedings to the extent authorized by applicable federal 
law; and 
E.  Domestic relations matters, including marriage, divorce and support, between 
members of the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the 
Penobscot Nation. 
The governing body of the Passamaquoddy Tribe shall decide whether to exercise or 
terminate the exercise of the concurrent jurisdiction authorized by this subsection.  If the 
Passamaquoddy Tribe chooses not to exercise, or chooses to terminate its exercise of, 
jurisdiction over the criminal, juvenile, civil and domestic matters described in this 
subsection, the State has exclusive jurisdiction over those matters.  All laws of the State 
relating to criminal offenses and juvenile crimes apply. 
Sec. 4.  30 MRSA §6209-B, sub-§1, ¶B, as corrected by RR 2009, c. 1, §19, is 
amended to read: 
B.  Juvenile crimes against a person or property involving conduct that, if committed 
by an adult, would fall within the exclusive jurisdiction of the Penobscot Nation 
under paragraph A, and juvenile crimes, as defined in Title 15, section 3103, 
subsection 1, paragraphs B and C, committed by a juvenile member of either the 
Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation 
on the Indian reservation of the Penobscot Nation; 
Sec. 5.  30 MRSA §6209-B, sub-§1, ¶¶C and E, as enacted by PL 1995, c. 388, 
§6 and affected by §8, are amended to read: 
C.  Civil actions between members of either the Passamaquoddy Tribe, the Houlton 
Band of Maliseet Indians or the Penobscot Nation arising on the Indian reservation of 
the Penobscot Nation and cognizable as small claims under the laws of the State, and 
civil actions against a member of either the Passamaquoddy Tribe, the Houlton Band 
of Maliseet Indians or the Penobscot Nation under Title 22, section 2383 involving 
conduct on the Indian reservation of the Penobscot Nation by a member of either the 
Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot 
Nation; 
E.  Other domestic Domestic relations matters, including marriage, divorce and 
support, between members of either the Passamaquoddy Tribe, the Houlton Band of 
Maliseet Indians or the Penobscot Nation, both of whom reside on the Indian 
reservation of the Penobscot Nation. 
Sec. 6.  30 MRSA §6209-B, sub-§2-A is enacted to read: 
2-A.  Concurrent jurisdiction.  The Penobscot Nation has concurrent jurisdiction 
with the State over all criminal and civil actions as set out in this subsection in which the 
defendant is a member of any federally recognized Indian tribe, nation, band or other 
group, other than actions in which the Penobscot Nation has exclusive jurisdiction as 
provided in this section.  If a criminal or juvenile action is commenced in state court, at 
the time of the first appearance for the criminal or juvenile action the defendant or 
juvenile may move the action to the Penobscot Tribal Court by filing a motion to transfer 
the action.  If a civil action is commenced in state court, the defendant may move the 
action to the Penobscot Tribal Court by filing a motion at the first appearance or in the 
first filing by the defendant, whichever occurs first; both parties must agree in order for 
the civil action to be moved to the Penobscot Tribal Court.  If an action is commenced in 
the Penobscot Tribal Court, the defendant may move the action to the state court by filing 
a motion to transfer the action at the time of the first appearance for a criminal or juvenile 
action and at the first appearance or in the first filing made by the defendant, whichever 
occurs first, for a civil action.  The Penobscot Nation has concurrent jurisdiction with the 
State over: 
A.  Criminal offenses for which the maximum potential term of imprisonment does 
not exceed one year and the maximum potential fine does not exceed $5,000 and that 
are committed by a member of any federally recognized Indian tribe, nation, band or 
other group; 
B.  Juvenile crimes against a person or property involving conduct that, if committed 
by an adult, would fall within the jurisdiction of the Penobscot Nation under 
paragraph A, and juvenile crimes, as defined in Title 15, section 3103, subsection 1, 
paragraphs B and C, committed by a juvenile member of the Houlton Band of 
Maliseet Indians, the Passamaquoddy Tribe or the Penobscot Nation; 
C.  Civil actions between members of the Houlton Band of Maliseet Indians, the 
Passamaquoddy Tribe or the Penobscot Nation cognizable as small claims under the 
laws of the State, and civil actions against a member of the Houlton Band of Maliseet 
Indians, the Passamaquoddy Tribe or the Penobscot Nation under Title 22, section 
2383; 
D.  Indian child custody proceedings to the extent authorized by applicable federal 
law; and 
E.  Domestic relations matters, including marriage, divorce and support, between 
members of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe or the 
Penobscot Nation. 
The governing body of the Penobscot Nation shall decide whether to exercise or 
terminate the exercise of the concurrent jurisdiction authorized by this subsection.  If the 
Penobscot Nation chooses not to exercise, or chooses to terminate its exercise of, 
jurisdiction over the criminal, juvenile, civil and domestic matters described in this 
subsection, the State has exclusive jurisdiction over those matters.  All laws of the State 
relating to criminal offenses and juvenile crimes apply. 
Sec. 7.  30 MRSA §6209-C, sub-§2-A is enacted to read: 
2-A.  Concurrent jurisdiction.  The Houlton Band of Maliseet Indians has 
concurrent jurisdiction with the State over all criminal and civil actions as set out in this 
subsection in which the defendant is a member of any federally recognized Indian tribe, 
nation, band or other group, other than actions in which the Houlton Band of Maliseet 
Indians has exclusive jurisdiction as provided in this section.  If a criminal or juvenile 
action is commenced in state court, at the time of the first appearance for a criminal or 
juvenile action the defendant or juvenile may move the action to the Houlton Band of 
Maliseet Indians Tribal Court by filing a motion to transfer the action.  If a civil action is 
commenced in state court, the defendant may move the action to the Houlton Band of 
Maliseet Indians Tribal Court by filing a motion at the first appearance or in the first 
filing by the defendant, whichever occurs first; both parties must agree in order for the 
civil action to be moved to the Houlton Band of Maliseet Indians Tribal Court.  If an 
action is commenced in the Houlton Band of Maliseet Indians Tribal Court, the defendant 
may move the action to the state court by filing a motion to transfer the action at the time 
of the first appearance for a criminal or juvenile action and at the first appearance or in 
the first filing made by the defendant, whichever occurs first, for a civil action.  The 
Houlton Band of Maliseet Indians has concurrent jurisdiction with the State over: 
A.  Criminal offenses for which the maximum potential term of imprisonment does 
not exceed one year and the maximum potential fine does not exceed $5,000 and that 
are committed by a member of any federally recognized Indian tribe, nation, band or 
other group; 
B.  Juvenile crimes against a person or property involving conduct that, if committed 
by an adult, would fall within the jurisdiction of the Houlton Band of Maliseet 
Indians under paragraph A, and juvenile crimes, as defined in Title 15, section 3103, 
subsection 1, paragraphs B and C, committed by a juvenile member of the Houlton 
Band of Maliseet Indians, the Passamaquoddy Tribe or the Penobscot Nation; 
C.  Civil actions between members of the Houlton Band of Maliseet Indians, the 
Passamaquoddy Tribe or the Penobscot Nation cognizable as small claims under the 
laws of the State, and civil actions against a member of the Houlton Band of Maliseet 
Indians, the Passamaquoddy Tribe or the Penobscot Nation under Title 22, section 
2383; 
D.  Indian child custody proceedings to the extent authorized by applicable federal 
law; and 
E.  Domestic relations matters, including marriage, divorce and support, between 
members of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe or the 
Penobscot Nation. 
The governing body of the Houlton Band of Maliseet Indians shall decide whether to 
exercise or terminate the exercise of the concurrent jurisdiction authorized by this 
subsection.  If the Houlton Band of Maliseet Indians chooses not to exercise, or chooses 
to terminate its exercise of, jurisdiction over the criminal, juvenile, civil and domestic 
matters described in this subsection, the State has exclusive jurisdiction over those 
matters.  All laws of the State relating to criminal offenses and juvenile crimes apply. 
Sec. 8.  Contingent effective date. This Act takes effect October 1, 2013 only if, 
within 90 days after the adjournment of the First Regular Session of the 126th 
Legislature, the Secretary of State receives written certification from the Houlton Band 
Council of the Houlton Band of Maliseet Indians that the band has agreed to the 
provisions of this Act, written certification from the Joint Tribal Council of the 
Passamaquoddy Tribe that the tribe has agreed to the provisions of this Act and written 
certification from the Governor and the Council of the Penobscot Nation that the nation 
has agreed to the provisions of this Act pursuant to 25 United States Code, Section 
1725(e), copies of which must be submitted by the Secretary of State to the Secretary of 
the Senate, the Clerk of the House and the Revisor of Statutes. 
SUMMARY 
This bill provides that the jurisdiction over certain tribal members in civil and 
criminal actions is shared concurrently by the state courts and the tribal courts of the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians.  
An eligible defendant may move the action from the state court to the tribal court or from 
the tribal court to the state court at the beginning of the action.  Both parties in a civil 
action must agree to transfer the action from the state court to the tribal court. 
This bill also provides for consistent jurisdiction in the Penobscot Tribal Court over 
certain actions involving members of the Passamaquoddy Tribe, the Houlton Band of 
Maliseet Indians and the Penobscot Nation. 
This legislation takes effect only if the Passamaquoddy Tribe, the Penobscot Nation 
and the Houlton Band of Maliseet Indians certify their approval.