CTLA RESOLUTION IN SUPPORT OF THE AMERICAN

INDIAN EQUAL JUSTICE ACT

On May 20, 1998 the CTLA Board unanimously passed the following resolution.

WHEREAS, several of the Purposes of the Connecticut Trial Lawyers Association are to uphold and defend the Constitution of the State of Connecticut; to advance the cause of those who are damaged in person or property who must seek redress therefor at law; to help injured or damaged persons enforce their legal rights through the courts or other tribunals, and to resist the efforts of others to unduly curtail the rights of such persons; to encourage and promote changes in Connecticut law by legislative or court action, and to oppose injustice in existing or contemplated litigation; and to seek to correct harsh, unjust and oppressive legislation and judicial decisions; and

WHEREAS, a universal principle of simple justice and accountable government requires that all persons be afforded legal remedies for violations of their legal rights; and

WHEREAS, the fifth amendment of the Constitution of the United States builds upon that principle by guaranteeing that "... no person shall be deprived of life, liberty, or property without due process of law;" and

WHEREAS, sovereign immunity, a legal doctrine that has its origins in feudal England when it was policy that the "King could do no wrong," affronts that principle and is incompatible with the rule of law in democratic society; and

WHEREAS, for more than a century, the Government of the United States and the States have dramatically scaled back the doctrine of sovereign immunity without impairing their dignity, sovereignty, or ability to conduct valid government policies; and

WHEREAS, the only remaining governments in the United States that maintain and assert the full scope of immunity from lawsuits are Indian tribal governments; and

WHEREAS, the Mashantucket Pequot Tribe and the Mohegan Tribe are federally recognized tribes with reservations located within the State of Connecticut; and

WHEREAS, in 1997 at least 18 million people visited the Foxwoods Casino, operated by the Mashantucket Pequot Gaming Enterprise, and located on the reservation of the Mashantucket Pequot Tribe; and

WHEREAS, in 1997 hundreds of thousands of people visited the Mohegan Sun Casino, operated by the Mohegan Tribe, and located on the reservation of the Mohegan Tribe; and

WHEREAS, for the individuals referred to in the two preceding paragraphs and the thousands of people of the United States, Indian and non-Indian, who interact with tribal governments every day, the rights to due process and legal remedy are constantly at risk because of tribal immunity; and

WHEREAS, by providing a complete shield from legal claims, the doctrine of sovereign immunity frustrates justice and provokes social tensions and turmoil inimical to social peace; and

WHEREAS, the Mashantucket Pequot Tribe has partially waived tribal sovereign immunity concerning claims against the tribe asserted by persons injured at Foxwoods Casino, but requires those claims to be litigated in tribal court; and

WHEREAS, trial by jury is prohibited in the tribal court established by the Mashantucket Pequot Tribe, and non-economic damages recoverable in tribal court are limited to 50% of the amount of economic damages claimed; and

WHEREAS, the Mashantucket Pequot Tribe continues to assert tribal sovereign immunity as a defense to civil actions commenced against the tribe arising from off-reservation torts committed by the tribe; and

WHEREAS, the Supreme Court has affirmed that Congress has clear and undoubted constitutional authority to define, limit or waive the immunity of Indian tribes; and

WHEREAS, it is necessary to address the issue referred to in the preceding paragraph in order to –

WHEREAS, a bill has been introduced by Senator Slade Gorton, Senator of the United States, from the State of Washington, entitled S.1691, the American Indian Equal Justice Act, which has been referred to the Committee on Indian Affairs of the United States Senate; and

WHEREAS, the purpose of the Act is to assist in ensuring due process and legal rights throughout the United States and to strengthen the rule of law by making Indian tribal governments subject to judicial review with respect to certain civil matters;

IT IS HEREBY RESOLVED that the Connecticut Trial Lawyers Association supports passage of S.1691, the American Indian Equal Justice Act.