In April, the Maine Legislature passed and Gov. Janet Mills signed LD 2007, An Act to Advance Self-determination for Wabanaki Nations, sponsored by House Speaker Rachel Talbot Ross (D-Portland).
The bill as advanced by the Legislature was a heavily pared down version of a broader tribal sovereignty bill initially introduced in June 2023 by Speaker Talbot Ross, which was opposed by Gov. Mills.
Under LD 2007, as signed into law, the Wabanaki tribal courts — of the Penobscot and Passamaquoddy — have been granted more authority to prosecute Class C, D and E level crimes that occur on their territory and do not involve a victim, while the state would maintain jurisdiction over more serious criminal cases.
Skowhegan Republican State Rep. Jennifer Poirier was the only member of the House to speak in opposition to LD 2007 on the floor before the House voted to advance the bill on April 2.
Explaining her opposition to the proposal, Poirier cited anecdotes of women from tribal communities who had informed her of concerns regarding tribal government, social services and courts.
Poirier said in her floor speech that women from tribal communities told her that tribal social services were slow to protect children and victims of violence from abuse, were not acting in accordance with the Violence Against Women Act (VAWA), and that members of tribal communities are scared to speak out against tribal government out of fear of backlash.
“LD 2007 allows tribal courts to prosecute C, D and E crimes, the bill effectively makes tribal courts the last stop for tribal citizens,” Poirier said. “They’ll no longer be able to utilize state court systems for these such cases.”
“Essentially, we are limiting access to justice, and granting exclusive jurisdiction to the tribal courts,” she added.
Poirier said that the process by which LD 2007 was developed left out tribal citizens, who she said are frequently uninformed of what bills are being considered by the Legislature — or if they are aware, they may be fearful of backlash if they speak out against tribal government.
“Madam Speaker, I stand here today not to promote government, but to speak for those who have not had a voice in this conversation,” Poirier said. “I will not support expanding government authority when tribal citizens will not benefit.”
In a Wednesday appearance on WVOM’s George Hale and Ric Tyler Show, Poirier explained that she had based the contents of her April 2 floor speech on conversations with both tribal citizens and on information directly from Gov. Mills.
Poirier said that two weeks after her floor speech, House Speaker Talbot Ross called her to inform her that she wanted to personally drive up to Skowhegan from Portland — a nearly 100 mile drive — at the behest of Penobscot Nation officials who were offended by her speech and requested that the Speaker censure Rep. Poirier for her remarks.
According to Poirier, Penobscot officials claimed that Poirier was putting out “misinformation” that could “damage the tribes” — despite the information Poirier received being directly from tribal members, including from one woman who had been seeking an emergency protection order in tribal courts for five months.
After Talbot Ross came to Skowhegan to talk with Poirier, and reportedly refused to censure her for over the floor speech, Maulian Bryant, the Penobscot Nation tribal ambassador, and Penobscot Nation Chief Kirk Francis, called out Poirier by name in a May 9 opinion piece in the Bangor Daily News, referring to her April 2 speech in opposition to LD 2007 as “harmful.”
Bryant and Francis claimed Poirier’s speech “contained incorrect information and has the potential to harm our people.”
“Whether knowingly or not, the speech casts doubt on the integrity of our tribal court, social services department, tribal administration, tribal council and the tribal citizens who trust and make use of these services or are employed by them,” Bryant and Francis wrote.
The tribal officials countered Poirier’s anecdotes by claiming that the tribal courts and social services departments “have full faith and credit as valid, functional, fair and necessary parts of our community.”
“Disparaging them without full knowledge of the topic doesn’t just insult the people working there, it harms our whole tribal population who depend on them,” they wrote.
Poirier told Hale and Tyler Wednesday morning that her speech was “definitely not misinformation.”
“I really resent the fact that they’re trying to mischaracterize me like that, when I’m speaking out for their tribal people,” she said.
Listen to Rep. Jennifer Poirier’s full Wednesday appearance on WVOM’s George Hale & Ric Tyler Show below:
Ross should introduce a bill forcing all whiteys and darkies to leave the state and give it back to the indians. After all we did steal it from them.