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Court Toolkit for Tribal/State/Federal Administrators and Clerks

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Court Toolkit for Tribal/State/Federal Administrators and Clerks JUDICIAL COUNCIL OF CALIFORNIA 455 Golden Gate Avenue . San Francisco, California 94102-3688 Telephone 415-865-4200 . Fax 415-865-4205 . TDD 415-865-4272 MEMORANDUM Date Action Requested March 18, 2016 Please Review Deadline To N/A Tribal Leaders Presiding Judges of the Superior Courts Contact Executive Officers of the Superior Courts Jennifer Walter Clerk of the U.S. District Courts of California 415-865-7687 phone 415-865-7217 fax From [email protected] Mr. Richard D. Feldstein, Chair Court Executives Advisory Committee Vida Castaneda 415-865-7874 phone Hon. Abby Abinanti, Co-Chair 415-865-7217 fax Hon. Dennis Perluss, Co-Chair [email protected] Tribal Court–State Court Forum Subject Court Toolkit for Tribal/State/Federal Administrators and Clerks On behalf of the California Court Clerks Association, California State-Federal Judicial Council, the California Tribal Court Clerks Association, the Court Executives Advisory Committee, the National Judicial College, and the Tribal Court–State Court Forum, we are writing to share this toolkit that we developed to encourage cross-court site visits and to facilitate shared learning among local tribal, state, and federal courts in California. Tribal Leaders Presiding Judges of the Superior Courts Executive Officers of the Superior Courts Clerk of the U.S. District Courts of California March 18, 2016 Page 2 This toolkit is intended to spark your interest in other justice systems and help you prepare for a visit to each other’s courts. What you will find in the toolkit are the following resources: 1) Learning request; 2) Information on the state judicial branch, the local state courts, and court-connected services; and 3) Information on tribal justice systems, the local tribal courts, and some of the tribal services available to American Indians and Alaskan Natives in California. We partnered to create this toolkit in response to questions from court personnel about the operation of tribal, state, and federal courts. We believe that taking steps to visit each other’s courts and time to identify what can be learned from each other’s justice system will strengthen each of our justice systems and lead to innovative court collaborations. This toolkit is offered with the hope that it will result in greater understanding and sharing of resources among tribal, state, and federal court justice systems, and will improve communication, foster understanding, and maximize resources for the benefit of all our citizens. Court toolkit for tribal/State/federal adminiStratorS and ClerkS March 2016 This project was supported by Grant No 2014-WF-AX-0045 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. Court toolkit for tribal/State/federal adminiStratorS and ClerkS Tribal Court Toolkit Cross-Court Administrative Learning Request The following information is a checklist of items you may request to learn more about the tribal court(s) located within the area of this county. Please place a check next to the items you would like to learn about and return via fax, mail, in-person or email to the tribal court prior to your meeting. Visiting a Tribal Court Tribe Tribal history Events Tour of tribal lands Law practice requirements (Bar licensing) Meet the tribal council Meet tribal court judges and staff members Meet with tribal CASA program staff Meet staff of other tribal departments Membership Requirements Types Demographics o Ages o Gender o Youth o Elders o Living on/off the reservation or rancheria Information on traditions relating to meeting tribal members Tribal Courthouse Location Days and hours Library Tour of tribal court ADA accommodations description Security Emergency response planning (to address the court’s response in the first 72 hours following an emergency) Continuity of Operations Planning (COOP) (designed to facilitate a court continuing all essential functions within 12 hours of an emergency and sustaining those functions for up to 30 days) Documentation requirements for visitors to the tribal courthouse and reservation or rancheria Current security measures 1 | P a g e Cross-Court Administrative Learning Request The following information is a checklist of items you may request to learn more about the tribal court(s) located within the area of this county. Please place a check next to the items you would like to learn about and return via fax, mail, in-person or email to the tribal court prior to your meeting. Visiting a Tribal Court Tribal Court Administration Staff organizational structure Staff roles and responsibilities Training Performance evaluation/reviews Quality assurance (for example, file reviews) Tribal Court Operations History of the tribal court Elected or appointed judges Mission statement, vision, goals Courts/divisions/judicial assignments Tribal laws Tribal rules and forms Court procedures/manual Tribal court staff structure Electronic filing or payment of fees Appellate review Funding for court operations and projects Cases Case types currently heard Case types (under consideration by Tribe for near future) Collaborative courts (drug/DUI court, veterans court, mental health court etc.) Case opening and organizing Electronic filing Court stamps used Case number assignments Internal case file organization Confidential case file/documents Case calendaring Process When cases are heard Display of case names Location of posting 2 | P a g e Cross-Court Administrative Learning Request The following information is a checklist of items you may request to learn more about the tribal court(s) located within the area of this county. Please place a check next to the items you would like to learn about and return via fax, mail, in-person or email to the tribal court prior to your meeting. Visiting a Tribal Court Timeline of posting Archiving Case filing system Calendar day Pending Closed case files Storage Courtroom technology How hearings are recorded Tracking cases o Mechanism for tracking cases o Data collection o Database/case management system o Reporting purposes (for example, reported to the tribal council, tribal departments, justice partners, or funders) Orders Signature types How parties receive orders How orders are recorded Access Public’s access to court decisions Public’s and parties’ access to case files Court-connected services What are the services? Who may access these services? Where are the services (on and off the reservation or rancheria)? Are any services part of a collaboration? Family Violence Tribal laws Children & youth involved o Domestic violence o Sexual assault o Stalking o Trafficking 3 | P a g e Cross-Court Administrative Learning Request The following information is a checklist of items you may request to learn more about the tribal court(s) located within the area of this county. Please place a check next to the items you would like to learn about and return via fax, mail, in-person or email to the tribal court prior to your meeting. Visiting a Tribal Court o Dating violence o Elder abuse Adults o Domestic violence o Sexual assault o Stalking o Trafficking o Dating violence o Elder abuse Elders o Domestic violence o Sexual assault o Stalking o Trafficking o Dating violence Recognition &enforcement of tribal protection orders Tribal law enforcement procedures Type of law enforcement capability (No services, tribal/casino security, tribal enforcement (tribal codes only), deputized by county, deputized by the Bureau of Indian Affairs- Office of Justice Services) Protocol with the local state court under rule 5.386 of the California Rules of Court to permit fax or electronic filing of protection orders for registering under Family Code section 6404 Access to registry system for storing data and images of protection orders Tribe’s registry National Crime Information Center California Law Enforcement Telecommunication System (CLETS) California Courts Protection Order Registry (CCPOR) Other Crossover issues Child Welfare Mental Health Education 4 | P a g e Cross-Court Administrative Learning Request The following information is a checklist of items you may request to learn more about the tribal court(s) located within the area of this county. Please place a check next to the items you would like to learn about and return via fax, mail, in-person or email to the tribal court prior to your meeting. Visiting a Tribal Court Veterans Elders Other Memoranda of Understanding or Other Agreements Tribal advocates Victim Witness Program(s) Tribal o Location o Days o Hours o Types of services o Who may access services o Length of time to utilize services o Brochures o Additional materials Partner agency o Location o Days o Hours o Types of services o Who may access services o Length of time to utilize services o Brochures o Additional materials Self-Help Program(s) Tribal o Location o Days o Hours o Types of services o Who may access services o Brochures o Additional materials Partner agency o Location o Days 5 | P a g e Cross-Court Administrative Learning Request The following information is a checklist of items you may request to learn more about the tribal court(s) located within the area of this county. Please place a check next to the items you would like to learn about and return via fax, mail, in-person or email to the tribal court prior to your
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