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STATE OF MINNESOTA IN COURT OF APPEALS A09-2225, A09-2226 In the Matter of the Civil Commitment of: Jeremiah Jerome Johnson and In the Matter of the Civil Commitment of: Lloyd Robert Desjarlais. Filed May 18, 2010 Affirmed Hudson, Judge Cass County District Court File Nos. 11-PR-08-1240, 11-PR-08-2720 Lori Swanson, Attorney General, Noah A. Cashman, Assistant Attorney General, St. Paul, Minnesota; and Christopher Strandlie, Cass County Attorney, Walker, Minnesota (for respondent) Victor H. Smith, Smith Law Office, Walker, Minnesota (for appellants) Considered and decided by Johnson, Presiding Judge; Hudson, Judge; and Schellhas, Judge. SYLLABUS The state does not have jurisdiction pursuant to Public Law 280 to civilly commit an enrolled member of a federally recognized Indian tribe as a sexually dangerous person under the Minnesota Commitment and Treatment Act. But in the absence of express congressional consent, the state does have jurisdiction to civilly commit an enrolled member of a federally recognized Indian tribe as a sexually dangerous person under the

commitment and treatment act where, as here, federal law does not preempt state jurisdiction and exceptional circumstances exist. OPINION HUDSON, Judge Appellants, enrolled members of a federally recognized Indian tribe, challenge the district court's denial of their motions to dismiss the civil-commitment proceedings against them for lack of subject-matter jurisdiction. Appellants argue that: (1) Public Law 280 does not provide the state with jurisdiction to commit them as sexually dangerous persons; (2) civil commitment of members of the Minnesota Chippewa Tribe infringes on tribal sovereignty; and (3) civil commitment violates constitutional protections against double jeopardy. For the reasons set forth below, we affirm. FACTS Appellants Lloyd Desjarlais and Jeremiah Johnson are enrolled members of the Minnesota Chippewa Tribe. Desjarlais is enrolled in the Leech Lake Band; Johnson is enrolled in the Bois Forte Band.1 In 2008, Cass County petitioned for each appellant to be civilly committed as a sexually dangerous person and as a sexual psychopathic personality. Each appellant stipulated to his civil commitment as a sexually dangerous person (SDP commitment), and the county agreed to dismiss the sexual-psychopathic-personality portions of the

1

For the first time on appeal, Johnson asserts that he is eligible for enrollment in the Leech Lake Band. He does not claim to be an enrolled member of the Leech Lake Band, and he does not challenge the district court's finding that he is an enrolled member of the Bois Forte Band. 2

petitions. On April 15, 2009, the district court ordered the initial SDP commitments of Desjarlais and Johnson. Appellants subsequently moved the district court to dismiss the commitment proceedings for lack of subject-matter jurisdiction. On July 14, 2009, the district court ordered the indeterminate SDP commitment of Desjarlais pursuant to Minn. Stat.

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