Category: CSCHS, California Supreme Court Historical Society, Elimination of Bias Category: CSCHS, California Supreme Court Historical Society, Elimination of Bias (show less) Other: CSCHS, Legal History Other: CSCHS, Legal History (show less)

The webinar "South Dakota v. Brown: The Forgotten Decision on the Extradition of American Indian Movement Leader Dennis Banks" provides significant educational content for attorneys by illustrating the interplay between legal principles, state politics, and social justice issues. It revolves around the extradition of Dennis Banks, a leader of the American Indian Movement (AIM), from California to South Dakota. Banks had been involved in protests and occupations advocating for Native American rights, which led to his legal troubles. After fleeing South Dakota, Banks was arrested in California, and South Dakota sued in California court to force his extradition. In a largely overlooked 1978 California Supreme Court case, the court ruled that the governor had discretion in extradition matters. The case also involved a controversy over a potential conflict of interest within the California Supreme Court, as a legal researcher working on the case had ties to Banks. This controversy, along with the court's handling of the case, foreshadowed challenges the court would face later that year. 

The webinar will focus on the following:

1. Historical Context and Legal Precedent: The case is notable as the only known instance in U.S. history where one state attempted to use another state’s court system to compel the extradition of a fugitive. This highlights the complexities of state-to-state relations and the limitations of judicial power in extradition matters.
2. Legal and Constitutional Issues: The case explores the balance of power between California governors and the judiciary, particularly regarding the discretion governors have in extradition matters. It examines the constitutional duty of states to extradite fugitives and the extent to which courts can enforce this duty.
3. Impact on Native American Rights: The case is set against the backdrop of the civil rights movement for Native Americans, providing insight into the legal struggles and societal issues faced by Indigenous peoples in the U.S.
4. Judicial Ethics and Conflict of Interest: The involvement of a court research attorney with ties to Banks highlights the importance of ethics and conflict of interest in the legal profession.