|
||||||||
|
||||||||
Welcome to the Tribal Court ClearinghouseThe Tribal Court Clearinghouse is a comprehensive website established in June 1997 to serve as a resource for American Indian and Alaska Native Nations, American Indian and Alaska Native people, tribal justice systems, victims services providers, tribal service providers, and others involved in the improvement of justice in Indian country. The Tribal Court Clearinghouse is developed and maintained by the Tribal Law and Policy Institute, an Indian owned and operated non-profit corporation organized to design and develop education, research, training, and technical assistance programs which promote the enhancement of justice in Indian country and the health, well-being, and culture of Native peoples. Resource Guide and Workbook for Drafting New or Amended Tribal Laws on Crimes Against Children (Word 97-2003 Document) has been developed by the Tribal Law and Policy Institute under a Children's Justice Act Partnerships for Indian Communities training and technical assistance grant. Specifically it has been developed to provide assistance to tribes and tribal organizations that have also received Children’s Justice Act Partnerships for Indian Communities grants. Tribes frequently request assistance in developing and/or updating their laws to address victimization of tribal children. The Institute has developed this Resource Guide and Workbook to meet the identified need. This project was conceived in 2001 under the guidance of an Advisory Committee of experts in the tribal justice field, those working with Native child abuse and child victimization issues, and with tribal child and family services providers. The Resource Guide and Workbook provide illustrative examples, narrative, and discussion questions. The discussion questions direct users through a tailoring process that will assure that the resulting draft statutory provisions reflect the needs and values of the tribal community that the targeted law serves.
New on the Tribal Court Clearinghouse
Emerging IssuesABA votes to support funding for Tribal Justice Systems (August 12, 2008) The American Bar Association (ABA) enacted a resolution in support of adequate, stable, and long term funding for Tribal Justice Systems funding on August 12, 2008. The following is the text of the resolution: "RESOLVED, That the American Bar Association urges Congress to support quality and accessible justice by ensuring adequate, stable, long-term funding for tribal justice systems." View Report >>> Amnesty International issues One year Update to Maze Of Injustice Report (July 15, 2008) Amnesty International released a One Year Update to its initial April 25, 2007 Report entitled "Maze of Injustice." Native women are victimized at 2.5 times the rate of other racial and ethnic groups. Their attackers are more likely to be non-Native, according to government statistics. But tribal governments are hindered by federal law and court decisions. They cannot prosecute non-Natives and they cannot impose a sentence greater than one year or fines of greater than $5,000. State and federal governments can prosecute non-Indians. But Native women advocates say the crimes often go unprosecuted. "Maze of Injustice: The failure to protect Indigenous women from sexual violence in the USA" focuses on three areas: Oklahoma, Alaska and the Standing Rock Sioux Reservation in North and South Dakota. It contains the stories of Native women victims and makes more than 50 recommendations to change the justice system. More Information >>> Department of justice announces final national guidelines for sex offender registration and notification (July 1, 2008) The Department of Justice today announced the final guidelines for Title I of the Adam Walsh Child Protection and Safety Act of 2006, the Sex Offender Registration and Notification Act (SORNA). The Guidelines provide necessary tools for states, the District of Columbia, territories and certain federally recognized Indian tribes to incorporate SORNA minimum requirements into their sex offender registration and notification programs. “The Department is pleased to provide guidance to states and other covered jurisdictions in complying with the Adam Walsh Child Safety and Protection Act,” said Acting Assistant Attorney General Jeffrey Sedgwick of the Office of Justice Programs. “These Guidelines will provide valuable implementation strategies to enhance their abilities to respond to crimes against children and adults and prevent sex offenders who have been released back into the community from victimizing others.” More Information >>> Supreme Court limits tribal jurisdiction over non-Indians (June 26, 2008) The U.S. Supreme Court on Wednesday limited tribal jurisdiction over non-Indians in a 5-4 decision that was split along conservative and liberal lines. In the eyes of many in Indian Country, Plains Commerce Bank v. Long was a contract dispute between two members of the Cheyenne River Sioux Tribe and a non-Indian bank. Since Plains Commerce Bank in South Dakota voluntarily entered into an agreement with Ron and Lila Long, tribal advocates believed the case would withstand scrutiny. But Chief Justice John G. Roberts recast the dispute in a way that precluded tribal jurisdiction. Writing for the majority, he said just everything about the case was non-Indian in nature. "This case concerns the sale of fee land on a tribal reservation by a non-Indian bank to non-Indian individuals," Roberts wrote in his opening. By noting that the Longs mortgaged fee land to the bank, Roberts was able to rely on Supreme Court precedents that limit tribal jurisdiction over lands that are not held in trust. More Information >>> In recognition of National American Indian Heritage Month, NCJRS presents Justice in Indian Country, a compilation of information and resources on justice-related matters in tribal communities. This resource provides links to publications, Web sites, and funding opportunities on topics including tribal law, justice systems, law enforcement, courts, corrections, juvenile justice, and victim services. Navajo Nation owed money for bungled lease (September 14, 2007) The Interior Department breached its trust to the Navajo Nation and must pay damages for mishandling a coal mining lease, a federal appeals court ruled on Thursday. In a unanimous decision, the Federal Circuit Court of Appeals said the "undisputed facts" prove Interior breached its fiduciary duties to the largest tribe in the country. Swayed by a lobbyist, the Reagan administration approved a coal mining lease for a less than a "reasonable" royalty rate, the three-judge panel concluded. That action violated common trust law, as well as a "network" of federal laws and regulations aimed at protecting the tribe's coal resources and keeping the tribe informed about its assets, the court said. More Information >>> Court denies tribal jurisdiction in ICWA case (September 14, 2007) The South Dakota Supreme Court denied the Sisseton-Wahpeton Sioux Tribe jurisdiction in an Indian Child Welfare Act case. The court said the tribe lacked authority over Daniel John Carlson, who is non-Indian, and his daughter. The court said the daughter is not a ward of the tribe and that Carlson does not live on the Sisseton-Wahpeton Sioux Reservation, which has been diminished. Carlson's ex-wife is a tribal member. She sought custody of the couple's 6-year-old daughter after Carlson left their 17-month-old daughter in a locked car all day, leading to her death. The state did not prosecute Carlson so his ex-wife, Barbara Baldwin, sought custody in tribal court under ICWA. More Information >>> 9th Circuit rejects Northern Cheyenne injunction (September 12, 2007) A divided panel of the 9th Circuit Court of Appeals rejected the Northern Cheyenne Tribe's attempt to block coalbed methane development in Montana. By a 2-1 vote, the panel agreed that the Interior Department violated environmental law by approving drilling in the Powder River Basin. But the judges left in place a lower court order that allowed "limited" development while a new environmental impact statement is being prepared. The court did not reach the question of whether drilling would harm the tribe's cultural resources. "Neither the plan nor the partial injunction can affect any Indian cultural resources, because no actual development is possible without additional environmental assessment, consultation with the tribe as required by the National Historic Preservation Act, and permits," Judge Andrew J. Kleinfeld wrote. Chief Judge Mary M. Schroeder dissented. She said the "limited" development would significantly impact the environment even though the Interior Department has failed to study all of the options for coalbed methane drilling. More Information >>>Maine sovereignty case headed to Supreme Court (July 9, 2007) Two Maine tribes who lost a critical sovereignty case are filing an appeal with the U.S. Supreme Court. The justices are the last hope for the Aroostook Band of Micmac Indians and the Houlton Band of Maliseet Indians. The 1st Circuit Court of Appeals ruled that both tribes are subject to state employment laws. The tribes fall under a land claims settlement that limited their sovereignty, the 1st Circuit said. Attorney Douglas Luckerman said the decision could have a negative impact throughout Indian Country. The Supreme Court briefs will be filed in the coming months. More Information >>> Yakama treaty protects smokeshop owners from prosecution (May 21, 2007) Members of the Yakama Nation of Washington can't be prosecuted under a tobacco contraband law, a federal appeals court ruled on Friday. After their smokeshop was raided in June 2004, Harry Smiskin and his son, Kato, were indicted for allegedly violating the federal Contraband Cigarette Trafficking Act. According to government prosecutors, the two men failed to notify the state of Washington that they were transporting large quantities of cigarettes without state tax stamps. But in a unanimous decision, the 9th Circuit Court of Appeals threw out the charges against the Smiskins. A three-judge panel said prosecution under the contraband law violates the Yakama Treaty of 1855 because it prevents tribal members from free use of public highways and interferes with tribal commerce. More Information >>> Colorado U.S. Attorney cross-deputizes tribal officers (May 7, 2007) U.S. Attorney Troy Eid of Utah has been cross-deputizing tribal police officers to enforce federal law. Eid said more than 40 officers on the Southern Ute Reservation, as well as officers in two counties, have been cross-deputized. He hopes it will lead to improved law enforcement in Indian Country. About a fifth of the criminal cases handled by Eid's office originate from the Southern Ute Reservation and the Ute Mountain Ute Reservation. The homicide rate on the Ute Mountain reservation is 25 times higher than the rate for the state's biggest cities. Colo. tribal officers deputized to help enforce federal laws (The Denver Post 5/7). 9th Circuit blocks snowmaking at sacred peaks (March 12, 2007) The Bush administration violated tribal religious rights by approving the use of reclaimed wastewater in the sacred San Francisco Peaks, a federal appeals court ruled on Monday. In a unanimous decision, the 9th Circuit Court of Appeals said the treated sewage would harm the religious beliefs and practices of the Navajo Nation, the Hopi Tribe and others throughout the Southwest. The three-judge panel cited the testimony of spiritual elders who said the Peaks would be poisoned by the use of reclaimed wastewater. More Information >>> On September 30, 2006, Governor Arnold Schwarzenegger of California signed SB 678 into law. SB 678 took effect on January 1, 2007. SB 678 codifies the federal requirements of the Indian Child Welfare Act (25 U.S.C. §§ 1901, et. seq.) into the California Family, Probate and Welfare & Institutions Codes. This legislation applies in every California court and will impact every tribe in the nation should one of their minor Indian children be involved. This is one of the most important pieces of legislation to benefit Indian tribes, Indian families, and Indian children in California. More Information >>> Navajo Nation Judicial Branch provides the public and practitioners easy access to information about the Navajo Nation justice system and the efforts of Aląąjį' Hashkééjí Nahat'á in carrying out their duties and responsibilities, including links to Navajo Nation Supreme Court Opinions, The Fundamental Laws of the Diné, Navajo Court Procedural Rules, Navajo Nation Council Resolutions. Office of Justice Programs (OJP) Launches new Tribal Justice and Safety Web Site (November 28, 2006) - The Justice Department’s Office of Justice Programs (OJP) today announced the launch of a new Tribal Justice and Safety Web site, Tribal Justice and Safety in Indian Country. The Internet home page will be a resource for American Indian and Alaska Native tribal governments and communities, and will help the general public and other federal agencies to better understand the resources available for improving safety in Native American communities. “I am honored to deliver the promise that I made to provide a ‘one stop shop’ that will enhance the prevention of and response to crime and the administration of justice in Indian country,” said Regina B. Schofield, Assistant Attorney General for the Office of Justice Programs. “This will serve as a medium for talking about promising practices across the nation. Crime knows no boundaries, and the Tribal Justice and Safety in Indian Country site is another way we are using technology to prevent crime and violence from taking root in our communities.” TribalProtectionOrder.org Launched - Under a grant from the Office on Violence Against Women, the Tribal Law and Policy Institute has launched a new website, TribalProtectionOrder.org, which is designed to provide both tribal and non-tribal entities with a clearinghouse of information and resources pertaining to the issuance and enforcement of protection orders. United States Government Accountability Office issued a Report to Congressional Committees called "Grants Management: Grantees' Concerns with Efforts to Streamline and Simplify Processes." Grants.gov continues to demonstrate a lack of standardization and inefficiencies in grant administration across federal agencies and difficulties with implementing its Web portal, the Government Accountability Office said in a recent report. Read the Report >>>
|
|