Authored by:

Michael W. Cotter, U.S. Attorney, District of Montana

Calvin Wilson, Chief Prosecutor, Northern Cheyenne Tribal Court

Glen Littlebird, Sr., Prosecutor, Northern Cheyenne Tribal Court

 

This week the United States Department of Justice released a report to Congress entitled Indian Country Investigations and Prosecutions which provides a range of enforcement statistics required under the Tribal Law and Order Act of 2010.  The report, based on data compiled from the case management system used by U.S. Attorney’s Offices (USAO) with Indian Country jurisdiction, and FBI crime data from reservations, shows among other things a 54 percent increase in Indian Country criminal prosecutions since Fiscal Year 2009.

Here in the District of Montana, justice in Indian Country is achieved through both tribal and federal courts.  Currently, under the Indian Civil Rights Act, a tribal court’s authority to sentence a defendant is limited to a term of imprisonment of 1 year and a fine of $5000 per offense.  Because tribal court penalties are limited, the most serious of crimes are prosecuted in federal court by the USAO.  In Montana, the USAO shares prosecutorial responsibilities with tribal prosecutors on all of the reservations in the state, except the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation.

The Indian Country Investigations and Prosecutions report released this week by the Department of Justice previews a new era of partnership between the federal government and American Indian tribes.  The report documents an unprecedented level of collaboration with tribal law enforcement, regular consultation on a crime fighting strategy, joint federal/tribal task forces, information sharing, training of investigators, and cross deputizing tribal police and prosecutors to enforce federal and tribal law.  We certainly have seen the changes described by the report in the USAO’s relationships with its tribal partners in Montana.

Since 2010, the District of Montana USAO has implemented a bi-monthly meeting involving the federal prosecutors assigned to each reservation, the tribal prosecutors for the reservation and tribal and federal law enforcement officers.  During these meetings, cases arising on a particular reservation during the preceding two-week period are discussed and a joint decision is made concerning which jurisdiction – Federal or tribal or both – will prosecute a particular case.  Between 2010 and the present, the USAO in Montana has devoted six prosecutors to Indian Country.  With these additional resources, over the last two years, 76% of all cases staffed have been resolved in either federal or tribal court.  During the last two years, the Montana USAO has averaged 30 jury trials each year.  Each of the approximately 60 trials involved violent crimes committed in Indian Country. In addition, numerous trials have occurred in tribal courts across Montana resulting in convictions of defendants that have committed less serious crimes.

Tribal courts play an integral role in providing public safety in our Indian communities.  In Montana, federal and tribal prosecutors recognize and respect each other and the courts in which they work.  Tribal courts, like tribal governments, are important federal partners.  The members of federal law enforcement and the USAO Montana support partners in tribal law enforcement and the tribal court system, and vice versa.  That is why federal prosecutors and agents share investigative files with their counterparts in Indian Country.  Just as tribal law enforcement respond to federal court subpoenas, special agents from the FBI routinely respond to tribal court subpoenas to provide testimony in criminal proceedings and trials.

Tribal communities as a whole, and defendants as well as victims of crime in Indian country must have confidence that their tribal court systems are capable of delivering justice.  When that confidence is lacking for whatever reason, the Department of Justice and the USAOs must do all we can to develop that confidence.  The federal and tribal governments need a true partnership.  It is only through this “court to court” relationship that justice truly may be achieved in Indian Country for victims of crimes. We agree that the process in place is way better than it has ever been before.  It’s real.  It’s working.  It is also important to remember that often tribal court can provide quicker and better answers in various criminal matters.

Although it will take some time before we can understand the full impact of the recent efforts on crime in Indian Country, some things are clear.  The increase in enforcement will bolster the faith and confidence that American Indian communities have in the criminal justice system.  The increase in collaboration and communication strengthens the bond of trust between federal and tribal investigators, prosecutors, and other personnel in both federal and tribal criminal justice systems.  Finally, the efforts undertaken in the last few years by the men and women of the federal and tribal criminal justice systems will make communities safer in Montana.

Michael W. Cotter was nominated by President Barack Obama to serve as the United States Attorney for the District of Montana.  He was  sworn in as Montana’s 39th United States Attorney on December 30, 2009.

Calvin Wilson has been licensed to practice law in the State of Montana since 1977.  He is currently the Chief Prosecutor for the Northern Cheyenne Tribal Court.  He has also served as a tribal judge, a tribal attorney, an elected Country Attorney for Big Horn County and a prosecutor for the City of Hardin.

Glen Littlebird, Sr., who is also a prosecutor for Northern Cheyenne Tribal Court, has served as a special agent for the BIA, a tribal judge, and a tribal councilman.