tribal courts – Page 103

This training, which NAICJA developed with a BJA grant, will highlight successful models that illustrate that various components of a justice system (e.g., codes, court rules, court procedures, legal assistance, corrections, probation, etc.) must be considered as a whole rather than as stand-alone services. The goal of this training is to bring together teams of tribal justice stakeholders from various communities in order to examine and strategize on how criminal and civil legal assistance and access to these services can be provided and improved through a collaborative, holistic approach. The training will also highlight the Tulalip Tribe’s justice system and the Salish and Kootenai’s Office of Public Defense, and key players from various components of the justice system will serve as panelists. Each jurisdictional team will ideally consist of a tribal judge, prosecutor, tribal attorney general, public defender/legal aid advocate, probation officer, and/or a tribal leader working with the same tribe. Individuals without a jurisdictional team are also encouraged to attend.

The training is free, but invitees must cover the cost of their travel, food, and lodging. Please contact Nikki Borchardt Campbell if you would like to register, nikki@naicja.org. NAICJA will continue registering attendees on a first come, first serve basis until all the remaining space is filled. Hotel accommodations are available at the Tulalip Resort and Casino for $139 per night, plus tax. Call 1-866-716-7162 for reservations. Participants must identify themselves with being with the National American Indian Court Judges Association.

Opening Eighth Circuit Brief in Smith v. Parker — Formerly a Tribal Court Jurisdiction Matter, Now a Reservation Boundaries Matter

May 22, 2014Matthew L.M. Fletcher

Here:

Nebraska Opening Brief

Lower court materials and links to prior iterations of this case here.

Appeal Filed against Shingle Springs Disenrollment Action

May 22, 2014Matthew L.M. Fletcher1 Comment

Here is the appeal brief in May Cook Keola Family Descendants v. Shingle Springs Tribal Council (Shingle Springs Tribe Court):

4 29 14 Cook Family Appeal

Article on the use of banishment in the rural Alaska Native village of Tanana

May 19, 2014May 19, 2014Victoria Sweet

After the recent shooting deaths of two Alaska state troopers, the village of Tanana has turned to banishment as a way of protecting the community. The use of banishment is very controversial, raising a host of legal questions, but the circumstances of this village demonstrate how few options community members feel that they have under current jurisdictional conditions.

Full article here.

The Tanana Village Council, the Athabascan Indian tribal authority in the village of 250, is taking steps to expel two men whose actions contributed to the homicides and who have threatened other community members, council Chairman Curtis Sommer said.

“This is the only way we have to remove individuals who are — how do we say it? — who are dangerous to members of the community,” Sommer said.

The action is infrequent in Alaska, and when it is used, some question whether a tribal entity has the right to limit access to a community otherwise governed by state law. Those who are banished rarely contest the action publicly, and it isn’t clear if banished residents go on to cause problems in other communities because no one tracks them. . . .

The state can’t afford to pay for law enforcement in small villages like this but they also refuse to let tribes have full authority over law enforcement, beyond an unarmed public safety officer, Kendall-Miller said. State troopers are flown in to deal with violence, but they can sometimes take days to arrive. . . .

Sommer concedes banishment is a “slippery slope.”

“It’s got to be very significant circumstances that would warrant this, either violent assaults or murder,” he said. “At what point do we draw the line on this? I do not know. I do know it’s not going to be used frivolously just to get back at someone.”

The village council will ask the state to enforce banishments. The Alaska Department of Law said it would carefully evaluate a banishment order. Kendall-Miller has seen unofficial support in the past.

“We have seen state police officers that have attempted to accommodate the tribal council’s blue ticket orders by helping to prevent individuals from coming back,” Kendall-Miller said. “It has been an informal arrangement that was done out of necessity.”

“If they do not enforce it, we will enforce it ourselves. We will get a group of men together and go to that person and tell him to leave and to not come back.”

H/T to SW.