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The Ute Indian Tribe is suing a state judge in federal court, arguing he doesn't have jurisdiction to preside over a lawsuit against the northeastern Utah tribe.
The tribe names 3rd District Judge Barry Lawrence in the lawsuit filed this week in U.S. District Court for Utah.
Lawrence is presiding over a lawsuit brought by Lynn Becker, who claims he is owed money for work as an independent contractor for the tribe's oil and gas leasing operations. Becker also is named as a defendant in the federal lawsuit.
The lawsuit argues that legal matters concerning an Indian tribe can't be heard in state courts under federal law, the Utah Enabling Act of 1894, the Utah Constitution and several treaties.
"A long-standing body of federal statutory and decisional law prohibits state courts in Utah from exercising jurisdiction over suits brought against Indian tribes, tribal members The Ute Indian Tribe is suing a state judge in federal court, arguing he doesn't have jurisdiction to preside over a lawsuit against the northeastern Utah tribe.
The tribe names 3rd District Judge Barry Lawrence in the lawsuit filed this week in U.S. District Court for Utah.
Lawrence is presiding over a lawsuit brought by Lynn Becker, who claims he is owed money for work as an independent contractor for the tribe's oil and gas leasing operations. Becker also is named as defendant in the federal lawsuit.
The lawsuit argues that legal matters concerning an Indian tribe can't be heard in state courts under federal law, the Utah Enabling Act of 1894, the Utah Constitution and several treaties.
"A long-standing body of federal statutory and decisional law prohibits state courts in Utah from exercising jurisdiction over suits brought against Indian tribes, tribal members or tribal entities arising from alleged wrongs committed within Indian country," Salt Lake City attorney J. Preston Stieff wrote in the complaint.
Last July, Lawrence denied a motion by the tribe to dismiss the case. By entering into an agreement with Becker, the tribe had consented to jurisdiction of Utah courts, the judge ruled.
On Friday, Becker filed a motion in the state court suit seeking a $23 million default judgment against the tribe. The tribe's lawsuit asks the federal court to declare that the Utah state court lacks jurisdiction to hear the case and for an injunction prohibiting Becker from pursuing his lawsuit before Lawrence.
State courts spokesman Geoff Fattah said there have been about a half-dozen cases where state judges have been named in federal lawsuits.
"This suit is unique in that it involves a tribal sovereignty question," Fattah said. "This suit was not brought forward out of any inappropriate action by the judge and the suit does not allege any misconduct, rather, this suit is attempting to appeal the judge's ruling to the federal court."
Lawrence will be represented by the courts' counsel, Fattah said.
The tribe's federal lawsuit alleges Becker was part of a group of non-tribal members who took advantage of their positions managing oil and gas resources.