Welcome to the Tribal Court Clearinghouse

The 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.
 

The Office for Victims of Crime (OVC) and the Tribal Law and Policy Institute would like to extend our thanks to everyone who participated in the 11th National Indian Nations Conference: Justice for Victims of Crime. The Conference - held December 11 — 13, 2008 on the Agua Caliente Reservation in Palm Springs California with the theme, “Strengthening the Heartbeat of all our Relations” was a great success. The purpose of these National Indian Nations conferences — the largest U.S. Department of Justice sponsored Indian Nations conferences — is to bring together Native American victims, victim advocates, tribal leaders, victim service providers, community volunteers, prosecutors, judicial and law enforcement personnel, family violence and sexual assault specialists, medical providers, social services and mental health personnel, probation/corrections, criminal justice and juvenile justice personnel, as well as federal and state agency representatives to share their knowledge, experiences and ideas for developing programs that serve the unique needs of crime victims in Indian Country. Resource Materials – including Workshop PowerPoints and Handouts - from the 11th National Indian Nations Conference: Justice for Victims of Crime are now posted on the Agenda Page of the Conference Web Site.

Women Are Sacred Conference June 12-14th, 2009 Oakland, California Sacred Circle, Tribal Law and Policy Institute, Clan Star, and Mending the Sacred Hoop are once again collaborating to present the 2009 Women Are Sacred conference. The theme for this year’s conference is “Honoring Sacred Turtle Women”. The conference will take place JUNE 12-14th, 2009 in Oakland, CA. You can view the brochure online at www.sacred-circle.com. The Women Are Sacred conference gives advocates, judges, attorneys, women, and allies the opportunity to learn new skills, self-care information, and an opportunity to connect to old friends and find new ones. This is the only conference dedicated to helping tribal people find solutions to end violence against Native Women.   The Tribal Judicial Institute will be conducting several workshops at this year’s conference designed for tribal judges and court personnel. They are also offering lodging and travel scholarships.  The scholarship does not include the conference registration fee. For more information on how to obtain a scholarship, please contact Melissa Aaker at 701-777-6306. Please join us as we continue this sacred journey to honor, support, and acknowledge Sacred Turtle Women.

New on the Tribal Court Clearinghouse

Tribal Legal Code Resource: Crimes Against Children (or Microsoft Word 2007 Format) has been developed by the Tribal Law and Policy Institute (TLPI) 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. TLPI 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.

Tribal Legal Code Resource: Sexual Violence and Stalking Laws was developed by the Tribal Law and Policy Institute in conjunction with the Southwest Center for Law and Policy to be a guide for drafting or revising victim-centered tribal criminal laws on sexual assault and stalking. It is written with a philosophy that tribal laws should reflect tribal values. In addition, writing a tribal law usually requires careful consideration of how state and/or federal laws might apply in the community. This resource guide includes sample language and discussion questions which are designed to help tribal community members decide on the best laws for their community.

Law Enforcement Protocol Guide: Sexual Assault (Including a Model Sexual Assault Protocol) was developed by the Tribal Law and Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the investigation of sexual assault crimes. Effective investigations increase the likelihood of victim participation and increase the probability of convictions in tribal, state, and/or federal courts. This guide focuses on the development of an internal protocol for law enforcement. A law enforcement protocol can enhance the efforts of all community agencies in addressing sexual violence. Once your tribal government has strong laws in place, this publication will help you create policies and protocols for your law enforcement agency to enforce your laws.

Prosecutor Protocol Guide: Sexual Assault (Including a Model Sexual Assault Protocol) was developed by the Tribal Law and Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the prosecution of sexual assault crimes. Holding offenders accountable for their actions is a key part of making your community safe. This publication is designed to help your prosecutor’s office ensure consistency and compassion for all survivors. This guide focuses on the development of an internal protocol for tribal prosecution. A prosecutor protocol can enhance the efforts of all community agencies in addressing sexual violence.

Sexual Assault Response Team (SART) Resource was developed by the Tribal Law and Policy Institute in conjunction with Southwest Center for Law and Policy as a guide to creating cohesive policies between tribal agencies. Victims of sexual assault deserve a coordinated, comprehensive response from a variety of community agencies. This SART resource provides a starting point for developing victim-centered SART teams in your community.

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.

Perceptions of Methamphetamine use in three Western Tribal Communities: Implications for Child Abuse in Indian Country  - Indian country lacks both a macro and micro study of child abuse and methamphetamines. Because so little is documented routinely by either law enforcement, social services or medical professionals in assessing risks and dangers to children from environments where meth is found, data is difficult to find. However, in an attempt to explore the increasing concerns raised by the emerging methamphetamine epidemic in Indian country, professionals from three Western Tribal communities were asked to complete a survey about their perceptions of meth us and implications for child abuse in the communities in which they worked. This study was funded through the Training and Technical Assistance grant that the Tribal Law and Policy Institute receives for Children’s Justice Act Partnerships in Indian Communities to assist tribes in addressing serious child abuse. The tribes and individuals that participated in the study were guaranteed anonymity due to the sensitive nature of the questions being asked. However, each Tribal Council provided permission for the surveys to be conducted within their service areas.

A Practical Guide to the Indian Child Welfare Act is intended to answer questions about the ICWA by people of all levels of familiarity with this important law, and to provide a comprehensive resource of information on the ICWA. The Guide, by the Native American Rights Fund, provides an introduction to the ICWA, answers to Frequently Asked Questions, and an appendix of resources -- primary research documents (federal and state laws, regulations, court cases, legislative materials) and secondary research documents (reports, guides, links, bibliographies, forms, and contact information).

We would like to extend our thanks to everyone who participated and assisted in the the 11^th National Indian Nations Conference. Workshop PowerPoint's and Handouts' are now posted on the Conference Web Site.

Emerging Issues

Supreme Court rules in big land-into-trust case (February 24, 2009) Tribes that weren't under federal jurisdiction in 1934 cannot follow the land-into-trust process of the Indian Reorganization Act, the U.S. Supreme Court ruled in Carcieri V. Salazar. By a 6-3 vote, the justices said the Interior Department can't acquire land for the Narragansett Tribe of Rhode Island because the tribe didn't gain federal recognition until 1983. Justice Clarence Thomas wrote the majority opinion. Three justices dissented from the court's opinion. Justice David Souter agreed with the 1934 issue but said the Narragansetts should be given the opportunity to prove they were under federal jurisdiction at the time, an issue that wasn't argued when the case was accepted. "The very notion of jurisdiction as a distinct statutory condition was ignored in this litigation, and I know of no body of precedent or history of practice giving content to the condition sufficient for gauging the tribe’s chances of satisfying it," Souter wrote in an opinion that was joined by Justice Ruth Bader Ginsburg. Justice John Paul Stevens disagreed with the 1934 issue altogether and said the Narragansetts are an Indian tribe as defined by the IRA. "That tribe has existed as a continuous political entity since the early 17th century," he wrote. Justice Stephen G. Breyer joined the majority opinion and authored a concurrence that said the Narragansetts have no way of proving they were under federal jurisdiction in 1934. "Because I see no realistic possibility that the Narragansett Tribe could prevail on the basis of a theory alternative to the theories argued here, I would not remand this case," he wrote. More Information >>>

The American Economic Recovery and Reinvestment Act (Stimulus) was signed into law on February 17, 2009 by President Barack Obama. The National Congress of American Indians (NCAI) has developed a new web site, Indian Country Works, to assist tribal leaders in growing their local economies and putting their communities to work.

9^th Circuit reverses conviction in Indian status case (February 11, 2009) A man with 22 percent Indian blood cannot be prosecuted in federal court because he is not a recognized tribal member, the 9th Circuit Court of Appeals ruled on Tuesday. Christopher Cruz was convicted of assault resulting in serious bodily injury for an incident that occurred on the Blackfeet Nation in Montana. But since he does not meet the definition of "Indian" under federal law, the 9th Circuit said he shouldn't have been tried in federal court. As a result, Cruz won't face prosecution in state court either due to double jeopardy. The U.S. Attorney in Montana said appeals are possible. At issue in the case was whether Cruz met the Bruce test that was laid out in a prior 9th Circuit decision. The court noted that he possessed a significant degree of Indian blood, the first factor. But the 9th Circuit said Cruz didn't meet the second factor -- whether he has tribal or federal government recognition as an Indian. Though he qualifies for certain benefits as a Blackfeet descendant, the court noted he didn't take advantage of them and only lived on the reservation for a brief portion of his life. More Information >>>

Maine's Indian lawmakers gain full recognition (January 27, 2009) Maine's Indian lawmakers have been a part of the state Legislature as far back as the 1820s but it wasn't until this year that their positions became more official. The Penobscot Nation and the Passamaquoddy Tribe (Pleasant Point | Indian Township) each send a representative to the Legislature. But the Indian lawmakers never got a seat on the floor or their names on the roll call board. That changed last week with the passing of legislation to treat the Indian lawmakers the same as all others. “Today is a monumental step,” said Passamaquoddy Rep. Donald Soctomah, The Ellsworth American reported. “We are no longer invisible.” “We’re worthy of having our name put up there, especially during the same week that Barack Obama became the first black president,” Soctomah added. “I’m hoping that when young native children see the name of the tribal representatives up there, it gives them the same hope.”

Supreme Court rejects land-into-trust case (January 22, 2009) The U.S. Supreme Court, without comment, declined to hear MichGo v. Kempthorne, a lawsuit that tested the ability of the federal government to acquire land for tribes. The move effectively settles a debate that has haunted Interior as far back as the Clinton administration. For years, tribal foes have argued that the land-into-trust provisions of the Indian Reorganization Act are unconstitutional. Every court that has taken up that question has rejected it. So the action yesterday indicates the justices aren't interested in overturning the 1st, 2nd, 8th, 9th, 10th and the D.C. circuits, whose combined jurisdictions cover nearly every tribe in the country. More Information >>>

Supreme Court rejects two Indian law cases (January 12, 2009) - The U.S. Supreme Court today rejected petitions in two Indian law cases. Without comment, the justices declined South Fork Band v. United States. The case involves a long-running challenge to an Indian Claims Commission ruling that said the Western Shoshone Nation was owed $26 million for the loss of their lands. The justices also rejected Roberts v. Hagener. The case was a challenge to Montana state regulations that limit hunting on reservations to members of federally-recognized tribes. One more case, Michigan Gambling Opposition v. Kempthorne remains on the docket even though the justices considered it at their closed-door conference last week. The case is a challenge to the land-into-trust provisions of the Indian Reorganization Act and whether they apply to tribes that weren't recognized as of 1934. Relevant Documents: Supreme Court Order Sheet (January 12, 2009) Related Stories: DOJ brief argues 1934 land-into-trust issue again.

ABA 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 >>>

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 >>>

Archived Emerging Issues

 

We are pleased to announce that our newest textbook, "Sharing our Stories of Survival: Native Women Surviving Violence" is now available for purchase through AltaMira Press. This textbook has been funded through a grant from the Office on Violence Against Women. Sharing our Stories of Survival: Native Women Surviving Violence is a general introduction to the social and legal issues involved in acts of violence against Native women, this book's contributors are lawyers, advocates, social workers, social scientists, writers, poets, and victims. In the U.S. Native women are more likely than women from any other group to suffer violence, from rape and battery to more subtle forms of abuse, and Sharing Our Stories of Survival explores the causes and consequences of such behavior. The stories and case-studies presented here are often painful and raw, and the statistics are overwhelmingly grim; but a countervailing theme also runs through this extremely informative volume: Many of the women who appear in these pages are survivors, often strengthened by their travails, and the violence examined here is human violence, meaning that it can be changed, if only with much effort and education. The first step is to lay out the truth for all to see, and that is the purpose accomplished by this book. To order, call 800-462-6420 or visit Alta Mira Press and use promotion code BW8SSOS to receive your 20% discount! We are interested in your feedback about this book. After you have had an opportunity to read this book, please consider filling out Our Online Survey. Introduction to Tribal Legal Studies addresses the power of tribal courts and tribal legal systems as key to the exercise and expansion of tribal sovereignty. Richland and Deer discuss in depth the histories, structures and practices of tribal justice systems, efforts to balance tribal legal heritage and Anglo-American law, the scope of criminal and civil jurisdictions, child welfare and civil rights, traditional dispute resolution mechanisms in contemporary tribal law, models of peacemaking, and means for assuring integrity of tribal courts. "I have taught undergraduate courses in Tribal Law at several universities and have been amazed at the lack of available resources and texts. Introduction to Tribal Legal Studies will fill the void in the field and provide an avenue for expanded course offerings. I am particularly impressed with the authors' approach to tribal law and their extensive use of primary tribal documents such as tribal court opinions and tribal code provisions. I would recommend this manuscript for use in a variety of courses and will use the materials myself."—Stacy L. Leeds, Director, Tribal Law and Government Center, University of Kansas School of Law To order, call 800-462-6420 or visit Alta Mira Press and use promotion code BS5TLSTS to receive your 20% discount! Tribal Criminal Law and Procedure examines the complex subject of tribal criminal law and procedure from a tribal perspective—utilizing tribal statutory law, tribal case law, and the cultural values of Native peoples. Garrow and Deer discuss in depth the histories, structures and practices of tribal justice systems, comparisons of traditional tribal justice with Anglo-American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. Tribal Criminal Law and Procedure will be an invaluable resource for legal scholars and students. To order, call 800-462-6420 or visit Alta Mira Press and use promotion code BS5TLSTS to receive your 20% discount!