Strengthening Tribal Courts Tribal Court Development Training Fairbanks August 2010 Prepared by Lisa Jaeger Tribal Government Specialist Tanana Chiefs Conference Fairbanks 1-800-478-6822 [email protected] “Developing and practicing tribal government is one part science, one part art form, and one part relationships.” Wilson Justin Cheeshna “What would happen if each of our tribes created a well-thought-out, well-planned system for enforcing law and order? Could any outside force really stop us, 231 tribes, from maintaining peace and harmony within our villages?” Elizabeth Hensley AFN 2009 “There is no doubt that the reduction in state-tribal conflict over jurisdictional issues, and the increased cooperation, coordination, and collaboration between State and tribal courts and agencies would greatly improve life in rural Alaska and better serve all Alaskans.” Alaska Rural Justice and Law Enforcement Commission 2006 Vision We envision our village as safe, healthy and economically sustainable. Our culture is practiced and respected. In our village people work with each other for the good of the community, communicating openly and honestly. The relationships between all of the entities in the village are positive and we have built great bridges to those governments, organizations, and entities outside our community. We are fair in our eyes, organized, and have good plans for going forward. We have the resources and services that promote the well-being of our community. Assess where you are at, what problems the tribal court might address, and have a plan for how to get there! What are the problems in the village that the tribal government can address? What are your resources? What are the challenges? What is our step, by step plan? 30, 60, 90 days…one year….5 years? Tribal State Federal Tribal Laws Have them and follow them!! Unwritten Tribal Law and Values Tribal Constitutions Tribal Ordinances/Statutes/Codes Written policies such as personnel policies Written Tribal Court Decisions, resolutions, rules Membership and Enrollment Membership based jurisdiction Tribal membership Base roll Lineal descendant Enrollment Membership roll Blood quantum Dual enrollment Relinquishing membership Disenrolling a member Have an excellent membership and enrollment ordinance! It is becoming critical for tribes to have good written codes and policies for the Councils and Tribal Courts to follow!! If you need codes adopt them!! If your codes need updating, amend them!! Do not change tribal court structure and procedures without changing the codes first!! Organization Keep good records of what ordinances, policies, rules, have been adopted, amended, and repealed!!! Keep all current constitution, ordinances, policies in binders, and have a copy on the table at all council meetings and all tribal court hearings. Keep court records/files organized, safe, and have a records retention policy Federal Indian law It is important to for tribal councils, judges, and staff to have at least general knowledge of federal Indian law. • What does it mean to be a federally recognized tribe? • What is the federal trust responsibility? • What powers does Congress have over tribes? • What are the Alaska Native Allotment and townsite Acts? What does land status have to do with tribal governments? • What is the Indian Civil Rights Act? What is due process? • What is the Alaska Native Claims Settlement Act? • What is the Indian Child Welfare Act (ICWA)? • What is the Violence Against Women Act (VAWA)? • What did the decision of the United States Supreme Court in the Venetie case mean to Alaska tribes (Venetie tax case)? • What is the legal meaning of Indian country? • What is Public Law 280 (P.L. 280)? • Why doesn’t the BIA fund tribes in P.L. 280 states? What is the Tribal Law and Order Act 2010? Alaska State Law - Policies Legislative Branch Judicial Branch: • John v Baker, Tanana Executive Branch: • Policies of the Governor • Venetie, Katie John, Kaltag Policies of the Alaska Governors 1990: Steve Cowper, Administrative Order 123, recognized tribes in Alaska 1994: Walter J. Hickel, rescinded Administrative Order 123,describing Alaskans as ‘all one people’ 1998: Tony Knowles, Administrative Order 186, recognized tribes and begins the work on the Millennium agreement. Attorney General issues an Opinion (2002) that Alaska tribes have authority over child custody matters and need not petition the Secretary of the Interior to reassume jurisdiction. 2002: Frank Murkowski, buries the Millennium agreement, and Attorney General issues an opinion (2004) that Alaska tribes have to petition the Secretary of Interior to reassume jurisdiction. 2006: Sarah Palin: seemed to continue the basic philosophy as Frank Murkowski regarding tribes in Alaska 2009: Sean Parnell: continues litigation against tribal jurisdiction over children’s cases when parents are from two different tribes (Kaltag case), but seems interested in finding common ground particularly in the area of domestic violence. Know what the possibilities are! Know what other tribes are doing! Share with others! Work with state counterparts, reach out to figure out how to work better with each other!!! Know where your resources are!!! We are doing all of this for the health, safety and well-being of the villages and for the future of the children! .