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 Tribal Law and Policy Institute is pleased to announce the launch of the enhanced & updated Walking on Common Ground web resource, which provides a wealth of information on Tribal law and Tribal Court practice. The primary focus of the website is: Identify and develop resources concerning tribal/state court collaboration & promising practices Identify and develop resources concerning Public Law 280 tribal/state court collaboration & promising practices Subject areas include: courts, law enforcement, detention, child welfare, and multi-agency agreements Features of the website include: Tribal-State agreements by topic Tribal-Federal Collaborations Promising Practices stories and quotes Resources on the TLOA Interactive searchable map of agreements Listing of all federally recognized tribes, tribal websites and counties, by state Jurisdictional information Upcoming features include: Tribal-State Court Promising Strategies Publication Public Law 280 Promising Strategies Publication Additional tribal-state collaborations in the area of Detention and Child Welfare Additional tribal-federal collaborations The Tribal Law and Policy Institute welcomes your submissions of new information to add to this resource. Please contact Heather Valdez Singleton for more information: heather@tlpi.org; 323-650-5467.

 

The Tribal Law and Policy Institute has partnered with the California Administrative Office of the Courts to conduct the Native American Communities Justice Project (NACJP), an investigation into the issue of family violence in California Native Communities. Policy Report: Beginning the Dialogue: Domestic Violence, Sexual Assault, Stalking, & Teen-Dating Violence, developed by the Tribal Law and Policy Institute partnering with the California Administrative Office of the Courts, provides a California lens on the national public safety crisis in tribal communities and helps to ensure that tribal voices inform the direction state courts take to address the issue of family violence in Native American communities. The policy report reviews the history and prevalence of family violence in these communities, describes the project goals, summarizes the research findings, and identifies the next steps that should be taken in response. Research Report: Beginning the Dialogue: Domestic Violence, Sexual Assault, Stalking, & Teen-Dating Violence represent the experiences and wisdom of over 500 Native Americans concerned about family violence in their communities and constitute the most comprehensive look at this issue in California to date. The research report compiles information shared during multiple tribal community meetings that took place across the state during the NACJP, into separate themes and identifies problems and solutions articulated by meeting participants thematically. Written Questions and Answers from Community Meetings

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 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 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 Crimes Against American Indian/Alaska Native Children Resource Guide provides 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: Domestic Violence Laws was developed by the Tribal Law and Policy Institute in cooperation with the Office on Violence Against Women and the Bureau of Justice Assistance. This Victim-Centered Approach to Domestic Violence Against Native Women resource guide includes exercises, examples, and discussion questions to help you customize your laws to meet the needs of your community. This resource was revised and updated January 2012, including changes addressing issues concerning the 2010 enactment of the Tribal Law and Order Act.

Tribal Legal Code Resource: Tribal Judge’s Sexual Assault Bench Book and Bench Card was developed by the Tribal Law and Policy Institute in cooperation with the Office on Violence Against Women as a resource for tribal judges who hear sexual assault cases in tribal courts. It provides background information on important sexual assault and tribal jurisdictional issues, as well as providing guidance in handling key issues at various stages of a sexual assault criminal trial.

Tribal Domestic Violence Case Law: Annotations for Selected Cases was developed by the Tribal Law and Policy Institute in cooperation with the Office on Violence Against Women as a resource for tribal judicial officers in understanding how some tribal governments have handled certain legal issues within the context of domestic violence cases. While a great deal of research has been done on case law in the state systems, little to no analysis has been done on the tribal judicial approach to domestic violence. This compendium, developed as part of an overall code-writing workshop curriculum for tribal governments, will assist tribal legislators as well. Understanding how laws are interpreted by the court systems may impact the development of laws that provide safety to tribal citizens.

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. This resource was revised and updated May 2012, including changes addressing the 2010 enactment of the Tribal Law and Order Act.

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.

Listen to the Grandmothers Video Discussion Guidebook (Note: this PDF is one megabyte) was developed by the Tribal Law and Policy Institute in order to assist tribal programs with incorporating cultural traditions into contemporary responses to violence against Native women. The "Listen to the Grandmothers” video features Native elders speaking to the problem of violence against Native women. The video provides a historical overview of violence against Native women, traditional responses to such violence and an analysis on incorporating cultural traditions into contemporary responses to violence against Native women. For information concerning the video and accompanying guidebook, please contact the Minnesota office of the Tribal Law and Policy Institute. Due to the sensitive nature of this video, we welcome the opportunity to provide onsite training and technical assistance on the use of these products.

New Federal Policy Calls for Collaboration to Improve Public Safety - The Department of Justice Policy calls for all U.S. Attorneys in districts containing Indian Country to establish tribal liaisons who, in consultation with tribes, would develop an operational plan to address elements such as communications, investigations, victim advocacy, and accountability and provide a blueprint for collaboration.

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

Echo Hawk launches initiative to strengthen BIA law enforcement training on domestic violence in Indian country (December 13, 2010)  - Assistant Secretary Indian Affairs Larry Echo Hawk recently announced that he has directed the head of the Bureau of Indian Affairs, Michael S. Black, and the BIA’s Deputy Bureau Director for Justice Services, Darren A. Cruzan, to increase the training of BIA and tribal law enforcement officers to aid them as they respond to domestic violence incidents in the tribal communities they serve. "Violent crime in Indian country is twice the national average and more than 20 times the national average on some reservations," Echo Hawk said. "Our records show the majority of calls that Bureau of Indian Affairs and tribal police respond to are related to domestic violence. While our first duty is to prevent crime, I am directing the BIA’s Office of Justice Services to better train its officers to address domestic violence issues." More Information >>>

President Obama signed a memorandum on Tribal Consultation at the November 5, 2009 White House Tribal Nations Conference which pronounced Tribal consultations “a critical ingredient of a sound and productive Federal-Tribal relationship.” The President’s Memorandum directs all Federal agencies to develop a plan of action to implement President Clinton’s Executive Order 13175 on “Consultation and Coordination with Indian Tribal Governments” within ninety days (by February 3, 2010).

Attorney General Announces Significant Reforms to Improve Public Safety in Indian Country – Attorney General Eric Holder today announced sweeping reforms intended to improve public safety on tribal land. The new directive is part of a larger Justice Department initiative to create better communication and coordination to fight crime and promote justice in Indian Country. “The public safety challenges we face in Indian Country will not be solved by a single grant or a single piece of legislation,” Holder said. “There is no quick fix. While today’s directive is significant progress, we need to continue our efforts with federal, state and tribal partners to identify solutions to the challenges we face, and work to implement them.” The Attorney General directed all U.S. Attorneys’ Offices with districts containing Indian Country (44 out of 93) to: meet and consult with tribes in their district annually; develop an operational plan addressing public safety in Indian Country; work closely with law enforcement to pay particular attention to violence against women in Indian Country and make these crimes a priority; and to provide summaries of their operational plans to the Office of the Deputy Attorney General and make those summaries available to the tribes in their districts. The Attorney General also announced that the Justice Department’s FY 2010 appropriation includes an additional $6 million for Indian Country prosecution efforts. At least 35 additional Assistant U.S. Attorneys and 12 additional FBI victim specialists will be added in offices with an Indian Country caseload. These new resources will enable the Justice Department to bring the federal justice system closer to Indian Country, including through a Community Prosecution Pilot Project that the Executive Office of U.S. Attorneys is currently developing. More Information >>>

Supreme Court accepts Apache man's restitution case (January 13, 2010) - The U.S. Supreme Court has agreed to hear a restitution case involving a member of Mescalero Apache Nation of New Mexico. Brian Russell Dolan pleaded guilty to a violent attack on the reservation. He was sentenced to prison time and parole but restitution wasn't determined by a federal judge until months later. Dolan says the Mandatory Victims Restitution Act requires a judge to act within 90 days. The 10th Circuit Court of Appeals did not agree but the Supreme Court will review the decision. The case is Dolan v. US, No. 09-367. 10th Circuit Decision: Dolan v. US (June 26, 2009)  Get the Story: High Court to Consider Restitution Deadline [see last item] (Courthouse News Service 1/13)

New Federal Efforts in Fighting Crime on Indian Reservations (January 12, 2010) - The Justice Department on Monday ordered prosecutors in 33 states to intensify efforts to fight violent crime on Indian reservations, particularly offenses against women and children. Attorney General Eric H. Holder Jr. said that 35 new assistant attorneys general and 12 other specialists from the Federal Bureau of Investigation will be assigned to handle such crimes. Statistics show that American Indians are the victims of violent crime at more than twice the national rate. From the Tuesday, January 12, 2010 New York Times.

Obama at White House Tribal Nations meet (November 6, 2009) The White House has Posted Videos of President Barack Obama at the first-ever White House Tribal Nations Conference, which took place at the Interior Department in Washington, D.C., on Thursday, November 5, 2009. See Video >>>

Landmark California Native American Adoption Bill Becomes Law (October 13, 2009) - After two years of efforts at the State Capitol, Assemblyman Paul Cook (R-Yucca Valley) was proud to announce the passage of his Assembly Bill 1325, which will create an alternative "Customary Adoption" process for Native American children. AB 1325 provides an alternative to the conventional method of adoption by adding the option of Customary Adoption. Customary Adoption is defined as "a traditional tribal practice recognized by the community which gives a child a permanent parent-child relationship with someone other than the child's birth parent." AB 1325 was initiated and sponsored by the Soboba Band of Luiseno Indians, located in Riverside County, and gained the support of over 50 California Tribes. Assembly member Jim Beall, Jr. (D-San Jose) was a joint author on the measure as well.

Also signed into law was AB 770, the Indian Tribes Foster Care and Adoptions Program, which makes it the policy of the state of California to maximize the opportunities for Indian tribes to operate foster care programs for Indian children pursuant to the federal Fostering Connections to Success and Increasing Adoptions Act of 2008, and requires the Department of Social Services to modify the state foster care plan to that end.

Invitation to all Indian tribes: Obama wants to meet, listen (October 13, 2009) President Obama is inviting Native American leaders to a White House conference November 5. The president said he wants to hear directly from them about how his administration can meet their needs and help make their lives better. Many Native Americans suffer higher rates of crime and poorer health than the rest of the population. The White House said Monday each of the 564 federally recognized tribes in the U.S. will be invited to send one representative to the White House Tribal Nations Conference. More Information >>>

Takeover in Hopiland: A Dirty New Low for Peabody Coal (October 5, 2009) Former chairmen of the Hopi Nation have revealed that the Hopi Tribal Council has been taken over by a pro-Peabody Coal faction. Further, Hopi reveal that the tribe's attorney and the media are being used to carry out Peabody Coal's agenda. Peabody Coal used the same tactic originally to seize Black Mesa for coal mining and bring about Navajo relocation for coal mining, by way of attorney John Boyden, who worked for Peabody and the Hopi Tribe. The media was also coopted in the original seizure of Black Mesa by Peabody Coal, with the media cheerleading and proclaiming the so-called Navajo Hopi land dispute. More Information >>>

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 B10CTS20 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: Second Edition is the only available comprehensive introduction to tribal law. In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law. The second edition provides significant updates on all changes in laws affecting the tribes, numerous new case studies (including studies on Alaskan tribes and family law), and a new concluding chapter. AltaMira Press is offering a special discount offer of 20% off all books in this series using promo code B10CTS20— This offer is available until December 31, 2012.   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 B10CTS20 to receive your 20% discount! Rowman & Littlefield Publishing Group offers special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact Lynsey Weston in the Special Markets Department at 301-459-3366