State v. Zaman

JONES, Vice Chief Justice,

specially concurring.

¶ 18 I concur fully in the court’s legal rationale and in the conclusion reached in today’s opinion. I perceive value, however, in mentioning a further point.

¶ 19 It is not necessary in every case that civil litigants employ the county sheriff to serve process on non-Indians on tribal lands, though such service is legally valid under the Arizona Rules of Civil Procedure. The Rules provide alternative means by which to accomplish service without the need to send the sheriff or his deputies onto the reservation. These include service by private process server pursuant to Rules 4(d) and (e), or the issuance of notice by mail or other reliable means of notice and the procurement of a waiver of service under Rule 4.1(c). In the interest of the state’s relationship with the tribes, litigants are encouraged to use such alternative methods whenever and wherever reasonably feasible in order to avoid the unnecessary presence of county law enforcement officers in Indian country and the potential for conflict which may arise from such presence. As a courtesy, the tribes deserve the cooperation of the state in these civil matters.