Alaska AG Withdraws 2004 AG Opinion on Tribal Court Jurisdiction that Conflicted with Alaska SCT Precedent

Here is the letter withdrawing “Jurisdiction of State and Tribal Courts in Child Protection Matters,” 2004 Op. Att’y Gen. No. 1:

2014-001_APR2014

The 2004 opinion is here (PDF).

The relevant Alaska precedent — State v. Native Village of Tanana, 249 P.3d 734 — is here:

State v. Native Village of Tanana

News Coverage of Alaska Legislative Hearing on ILOC Report

Here. Quotes from tribal judge David Voluck:

“One of the courts I work for issues something as controversial as child support orders, for children in need,” Voluck said, a touch of sarcasm in his voice. “We’re not locking up white people, I don’t have an electric chair, I’m not doing anything that’s frightening. I’m not taxing, I’m not zoning, it has nothing to do with land and everything to do with Native children.”

“Your state is battling us tooth and nail and we are now in the Supreme Court over whether it’s kosher for me to issue a child support order for a tribal child. This, ladies and gentlemen of this committee, I posit is a grave waste of your resources.”