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Welcome to the Tribal Court Clearinghouse
The Tribal Court Clearinghouse is a comprehensive website established in June
1997
to serve as a resource for American Indian and Alaska Native Nations, American
Indian and Alaska Native people, tribal justice systems, victims services
providers, tribal service providers, and others involved in the improvement of
justice in Indian country.
The Tribal Court Clearinghouse is developed and maintained by the
Tribal Law
and Policy Institute, an Indian owned and operated non-profit corporation
organized to design and develop education, research, training, and technical
assistance programs which promote the enhancement of justice in Indian country
and the health, well-being, and culture of Native peoples.
11th National Indian Nations: Justice for Victims of Crime
Conference
 Online
Conference Registration is
now available through November
16, 2008. Registration fees are
$150.00 through October 15, 2008
(Early Bird rate) and
$200.00 thereafter. Registration
and payment for Early Bird rate
must be completed online or
postmarked by October 15, 2008.
All fees include attendance to
all scheduled events, Banquet,
Luncheon, and comprehensive
conference resource materials in
CD format; as well as access to
all exhibits, and hotel
reservation rate. You may also
add $40.00 to your registration
fee for Continuing Education
Credits.
Have
your credit card handy:
Online Conference
Registration is now
available to all
Conference Attendees,
Native American Vendors,
and Nonprofit
Exhibitors.
On-site conference
registration will take place in
the lobby of the Wyndham Palm
Springs Hotel on Wednesday
evening, December 10th
from 4:00
pm to 9:00 pm and Thursday
morning December 11th
from 7:00 am to 9:00 am.
Cancellation Policy
Cancellations made on
or before November 16, 2008 will
be refunded in full. No
registration refunds will be
made after this date. As an
alternative to cancellation,
your registration may be
transferred to another person on
or before November 16, 2008
without incurring any cost
penalty. The conference manager
must be advised in writing of
any alterations or transfers.
Conference Registration
Packet
Conference Registration Packet
is
Available for Download.
Vendors, Exhibitors
and Resource Tables
Space is available for
vendors and exhibitors. Exhibit
space will be made available on
a first come basis. Resource
tables will be available for
display of materials related to
services for victims of crime.
Online Conference Registration
is available to nonprofit
organizations and merchandise
vendors, or a
Vendor/Exhibitor Form
is available for download.
Please note that all Indian Arts
and Craft sales must be in
compliance with the
Indian Arts and Crafts Act
(as amended).
Scholarships
The scholarship
application deadline has now
passed and applications are no
longer being accepted.
Native Youth Essay
Scholarship
In an effort to promote
and sustain the involvement of
youth in the efforts to address
victimization in tribal
communities, we are seeking
student essays which focus on
the important role that youth
play in the efforts to respond
to crime. Three students will be
selected to receive a
scholarship covering travel
expenses, lodging, and
conference registration fee for
themselves and a parent/legal
guardian to attend the
conference on the Agua Caliente
Reservation (December 11-13,
2008). Winners will receive a
special award for display at
home or school. Winning essays
may also be published in
conference materials.
To submit a Native Youth
Essay Scholarship application,
please complete the
Online Native Youth Essay
Scholarship Application.
New on the Tribal Court Clearinghouse
Tribal Legal Code Resource:
Crimes Against Children
(Microsoft Word Format) has been developed by the Tribal Law and Policy
Institute (TLPI) under a Children's Justice Act Partnerships for Indian
Communities training and technical assistance grant. Specifically it has
been developed to provide assistance to tribes and tribal organizations
that have also received Childrens Justice Act Partnerships for Indian
Communities grants. Tribes frequently request assistance in developing
and/or updating their laws to address victimization of tribal children.
TLPI has developed this Resource Guide and Workbook to meet the
identified need. This project was conceived in 2001 under the guidance
of an Advisory Committee of experts in the tribal justice field, those
working with Native child abuse and child victimization issues, and with
tribal child and family services providers. The Resource Guide and
Workbook provide illustrative examples, narrative, and discussion
questions. The discussion questions direct users through a tailoring
process that will assure that the resulting draft statutory provisions
reflect the needs and values of the tribal community that the targeted
law serves.
Tribal Legal
Code Resource: Domestic Violence Laws
was
developed by the Tribal Law and Policy Institute in cooperation with the
Office on Violence Against Women. This Victim-Centered Approach to
Domestic Violence Against Native Women resource guide includes
exercises, examples, and discussion questions to help you customize your
laws to meet the needs of your community. The Institute staff and
consultants are available to assist in the code-writing process.
Law
Enforcement Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol)
was developed by the Tribal Law and
Policy Institute in conjunction with
Southwest Center for Law and Policy as a tool for improving the investigation of sexual
assault crimes. Effective investigations increase the likelihood of
victim participation and increase the probability of convictions in
tribal, state, and/or federal courts. This guide focuses on the
development of an internal protocol for law enforcement. A law
enforcement protocol can enhance the efforts of all community agencies
in addressing sexual violence.
Prosecutor Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol) was developed by the Tribal Law and
Policy Institute in conjunction with
Southwest Center for Law and Policy as a tool for improving the prosecution of sexual
assault crimes. Holding offenders accountable for their actions is a key
part of making your community safe. This publication is designed to help
your prosecutors office ensure consistency and compassion for all
survivors. This guide focuses on the development of an internal protocol
for tribal prosecution. A prosecutor protocol can enhance the efforts of
all community agencies in addressing sexual violence.
Sexual Assault Response
Team (SART) Manual
was developed by the Tribal Law and
Policy Institute in conjunction with
Southwest Center for Law and Policy as a guide to creating cohesive
policies between tribal agencies. Victims of sexual assault deserve a
coordinated, comprehensive response from a variety of community
agencies.
Listen to the Grandmothers Video Discussion Guidebook (Note: this PDF is one megabyte)
was developed by the Tribal Law and Policy Institute in order to assist tribal
programs with incorporating cultural traditions into contemporary responses to
violence against Native women. The "Listen to the Grandmothers video features Native elders
speaking to the problem of violence against Native women. The video
provides a historical overview of violence against Native women,
traditional responses to such violence and an analysis on incorporating
cultural traditions into contemporary responses to violence against
Native women. We believe that these products will be important
contributions to ending violence against Native women. For information
concerning the video and accompanying guidebook, please contact the
Minnesota office of the Tribal Law and Policy Institute. Due to the
sensitive nature of this video, we welcome the opportunity to provide
onsite training and technical assistance on the use of these products.
Final Report:
Focus Group on Public Law 280 and the Sexual Assault of Native Women
On August 15 - 16, 2007 the Office on Violence Against Women (OVW)
hosted a focus group in Green Bay, Wisconsin to discuss challenges to,
and opportunities for, collaboration between states and tribes in Public
Law 280 jurisdictions to address sexual assault in Indian country. The
Tribal Law and Policy Institute (TLPI) provided technical assistance and
collaborated with OVW on the design and delivery of the session. This
final report details the event.
TribalProtectionOrder.org Launched - Under a grant from the Office on
Violence Against Women, the Tribal Law and Policy Institute has launched a new
website, TribalProtectionOrder.org, which is designed to provide both tribal and
non-tribal entities with a clearinghouse of information and resources pertaining
to the issuance and enforcement of protection orders.
Perceptions of Methamphetamine use in three Western Tribal Communities:
Implications for Child Abuse in Indian Country
- Indian country lacks
both a macro and micro study of child abuse and methamphetamines. Because so
little is documented routinely by either law enforcement, social services or
medical professionals in assessing risks and dangers to children from
environments where meth is found, data is difficult to find. However, in an
attempt to explore the increasing concerns raised by the emerging
methamphetamine epidemic in Indian country, professionals from three Western
Tribal communities were asked to complete a survey about their perceptions
of meth us and implications for child abuse in the communities in which they
worked. This study was funded through the Training and Technical Assistance
grant that the Tribal Law and Policy Institute receives for Childrens
Justice Act Partnerships in Indian Communities to assist tribes in
addressing serious child abuse. The tribes and individuals that participated
in the study were guaranteed anonymity due to the sensitive nature of the
questions being asked. However, each Tribal Council provided permission for
the surveys to be conducted within their service areas.
A Practical Guide to the Indian Child
Welfare Act is intended to answer questions about the ICWA by people
of all levels of familiarity with this important law, and to provide a
comprehensive resource of information on the ICWA. The Guide, by the
Native American Rights Fund, provides an
introduction to the ICWA, answers to Frequently Asked Questions, and an
appendix of resources -- primary research documents (federal and state
laws, regulations, court cases, legislative materials) and secondary
research documents (reports, guides, links, bibliographies, forms, and
contact information).
Emerging Issues
ABA votes to support funding for Tribal Justice Systems
(August 12, 2008) The American Bar Association (ABA)
enacted a resolution in support of adequate, stable, and
long term funding for Tribal Justice Systems funding on
August 12, 2008. The following is the text of the
resolution: "RESOLVED, That the American Bar Association
urges Congress to support quality and accessible justice
by ensuring adequate, stable, long-term funding for
tribal justice systems."
View
Report >>>
Amnesty International issues One year Update to Maze
Of Injustice Report
(July 15, 2008) Amnesty International released a
One
Year Update
to its initial April 25, 2007 Report entitled "Maze
of Injustice." Native women
are victimized at 2.5 times the rate of other racial and
ethnic groups. Their attackers are more likely to be
non-Native, according to government statistics. But
tribal governments are hindered by federal law and court
decisions. They cannot prosecute non-Natives and they
cannot impose a sentence greater than one year or fines
of greater than $5,000. State and federal governments
can prosecute non-Indians. But Native women advocates
say the crimes often go unprosecuted. "Maze
of Injustice: The failure to protect Indigenous women
from sexual violence in the USA"
focuses on three areas: Oklahoma, Alaska and the
Standing Rock Sioux Reservation in North and South
Dakota. It contains the stories of Native women victims
and makes more than 50 recommendations to change the
justice system.
More Information >>>
Department of justice announces final national
guidelines for sex offender registration and
notification (July 1, 2008) The Department of
Justice today announced the final guidelines for Title I
of the Adam Walsh Child Protection and Safety Act of
2006, the Sex Offender Registration and Notification Act
(SORNA). The Guidelines provide necessary tools for
states, the District of Columbia, territories and
certain federally recognized Indian tribes to
incorporate SORNA minimum requirements into their sex
offender registration and notification programs. The
Department is pleased to provide guidance to states and
other covered jurisdictions in complying with the Adam
Walsh Child Safety and Protection Act, said Acting
Assistant Attorney General Jeffrey Sedgwick of the
Office of Justice Programs. These Guidelines will
provide valuable implementation strategies to enhance
their abilities to respond to crimes against children
and adults and prevent sex offenders who have been
released back into the community from victimizing
others. More Information >>>
Supreme Court limits tribal jurisdiction over
non-Indians (June 26, 2008) The U.S. Supreme Court
on Wednesday limited tribal jurisdiction over
non-Indians in a 5-4 decision that was split along
conservative and liberal lines. In the eyes of many in
Indian Country, Plains Commerce Bank v. Long was a
contract dispute between two members of the Cheyenne
River Sioux Tribe and a non-Indian bank. Since Plains
Commerce Bank in South Dakota voluntarily entered into
an agreement with Ron and Lila Long, tribal advocates
believed the case would withstand scrutiny. But Chief
Justice John G. Roberts recast the dispute in a way that
precluded tribal jurisdiction. Writing for the majority,
he said just everything about the case was non-Indian in
nature. "This case concerns the sale of fee land on a
tribal reservation by a non-Indian bank to non-Indian
individuals," Roberts wrote in his opening. By noting
that the Longs mortgaged fee land to the bank, Roberts
was able to rely on Supreme Court precedents that limit
tribal jurisdiction over lands that are not held in
trust. More Information >>>
In recognition of National American Indian Heritage
Month, NCJRS presents
Justice in Indian Country, a compilation of
information and resources on justice-related matters in
tribal communities. This resource provides links to
publications, Web sites, and funding opportunities on
topics including tribal law, justice systems, law
enforcement, courts, corrections, juvenile justice, and
victim services.
Navajo Nation owed money for
bungled lease (September 14, 2007) The
Interior Department breached its trust to the Navajo
Nation and must pay damages for mishandling a coal
mining lease, a federal appeals court ruled on Thursday.
In a unanimous decision, the Federal Circuit Court of
Appeals said the "undisputed facts" prove Interior
breached its fiduciary duties to the largest tribe in
the country. Swayed by a lobbyist, the Reagan
administration approved a coal mining lease for a less
than a "reasonable" royalty rate, the three-judge panel
concluded. That action violated common trust law, as
well as a "network" of federal laws and regulations
aimed at protecting the tribe's coal resources and
keeping the tribe informed about its assets, the court
said.
More Information >>>
Court denies tribal
jurisdiction in ICWA case (September 14, 2007) The South Dakota
Supreme Court denied the Sisseton-Wahpeton Sioux Tribe jurisdiction in an Indian
Child Welfare Act case. The court said the tribe lacked authority over Daniel
John Carlson, who is non-Indian, and his daughter. The court said the daughter
is not a ward of the tribe and that Carlson does not live on the
Sisseton-Wahpeton Sioux Reservation, which has been diminished. Carlson's
ex-wife is a tribal member. She sought custody of the couple's 6-year-old
daughter after Carlson left their 17-month-old daughter in a locked car all day,
leading to her death. The state did not prosecute Carlson so his ex-wife,
Barbara Baldwin, sought custody in tribal court under ICWA.
More Information >>>
9th Circuit rejects Northern Cheyenne injunction
(September 12, 2007) A divided panel of the 9th
Circuit Court of Appeals rejected the Northern Cheyenne Tribe's attempt to block
coalbed methane development in Montana. By a 2-1 vote, the panel agreed that the
Interior Department violated environmental law by approving drilling in the
Powder River Basin. But the judges left in place a lower court order that
allowed "limited" development while a new environmental impact statement is
being prepared. The court did not reach the question of whether drilling would
harm the tribe's cultural resources. "Neither the plan nor the partial
injunction can affect any Indian cultural resources, because no actual
development is possible without additional environmental assessment,
consultation with the tribe as required by the National Historic Preservation
Act, and permits," Judge Andrew J. Kleinfeld wrote. Chief Judge Mary M.
Schroeder dissented. She said the "limited" development would significantly
impact the environment even though the Interior Department has failed to study
all of the options for coalbed methane drilling.
More Information >>>
Maine sovereignty case headed to Supreme Court
(July 9, 2007) Two Maine tribes who lost a critical
sovereignty case are filing an appeal with the U.S.
Supreme Court. The justices are the last hope for the
Aroostook Band of Micmac Indians and the Houlton Band of
Maliseet Indians. The 1st Circuit Court of Appeals ruled
that both tribes are subject to state employment laws.
The tribes fall under a land claims settlement that
limited their sovereignty, the 1st Circuit said.
Attorney Douglas Luckerman said the decision could have
a negative impact throughout Indian Country. The Supreme
Court briefs will be filed in the coming months.
More Information >>>
Yakama treaty protects smokeshop owners from
prosecution (May 21, 2007) Members of the Yakama
Nation of Washington can't be prosecuted under a tobacco
contraband law, a federal appeals court ruled on Friday.
After their smokeshop was raided in June 2004, Harry
Smiskin and his son, Kato, were indicted for allegedly
violating the federal Contraband Cigarette Trafficking
Act. According to government prosecutors, the two men
failed to notify the state of Washington that they were
transporting large quantities of cigarettes without
state tax stamps. But in a unanimous decision, the 9th
Circuit Court of Appeals threw out the charges against
the Smiskins. A three-judge panel said prosecution under
the contraband law violates the Yakama Treaty of 1855
because it prevents tribal members from free use of
public highways and interferes with tribal commerce.
More Information >>>
Colorado U.S. Attorney
cross-deputizes tribal officers (May 7, 2007)
U.S. Attorney Troy Eid of Utah has been cross-deputizing
tribal police officers to enforce federal law. Eid said
more than 40 officers on the Southern Ute Reservation,
as well as officers in two counties, have been
cross-deputized. He hopes it will lead to improved law
enforcement in Indian Country. About a fifth of the
criminal cases handled by Eid's office originate from
the Southern Ute Reservation and the Ute Mountain Ute
Reservation. The homicide rate on the Ute Mountain
reservation is 25 times higher than the rate for the
state's biggest cities.
Colo. tribal officers deputized to help enforce federal
laws (The Denver Post 5/7).
9th Circuit blocks snowmaking at sacred peaks
(March 12, 2007) The Bush administration violated tribal
religious rights by approving the use of reclaimed
wastewater in the sacred San Francisco Peaks, a federal
appeals court ruled on Monday. In a unanimous decision,
the 9th Circuit Court of Appeals said the treated sewage
would harm the religious beliefs and practices of the
Navajo Nation, the Hopi Tribe and others throughout the
Southwest. The three-judge panel cited the testimony of
spiritual elders who said the Peaks would be poisoned by
the use of reclaimed wastewater.
More Information >>>
On September 30, 2006, Governor Arnold Schwarzenegger of
California signed SB 678 into law. SB 678 took
effect on
January 1, 2007. SB 678 codifies the federal
requirements of the Indian Child Welfare Act (25 U.S.C.
1901, et. seq.) into the California Family, Probate
and Welfare & Institutions Codes. This legislation
applies in every California court and will impact every
tribe in the nation should one of their minor Indian
children be involved. This is one of the most important
pieces of legislation to benefit Indian tribes, Indian
families, and Indian children in California.
More Information >>>
Navajo Nation
Judicial Branch provides the public and
practitioners easy access to information about the
Navajo Nation justice system and the efforts of Aląąjį'
Hashkj Nahat' in carrying out their duties and
responsibilities, including links to
Navajo Nation Supreme Court Opinions,
The
Fundamental Laws of the Din,
Navajo Court Procedural Rules,
Navajo Nation Council Resolutions.
Office of Justice Programs (OJP) Launches new Tribal
Justice and Safety Web Site (November 28, 2006) -
The Justice Departments Office of Justice Programs (OJP)
today announced the launch of a new Tribal Justice and
Safety Web site,
Tribal Justice and Safety in Indian Country. The
Internet home page will be a resource for American
Indian and Alaska Native tribal governments and
communities, and will help the general public and other
federal agencies to better understand the resources
available for improving safety in Native American
communities. I am honored to deliver the promise
that I made to provide a one stop shop that will
enhance the prevention of and response to crime and the
administration of justice in Indian country, said
Regina B. Schofield, Assistant Attorney General for the
Office of Justice Programs. This will serve as a medium
for talking about promising practices across the nation.
Crime knows no boundaries, and the
Tribal Justice and Safety in Indian Country site is
another way we are using technology to prevent crime and
violence from taking root in our communities.
TribalProtectionOrder.org Launched - Under a
grant from the Office on Violence Against Women, the
Tribal Law and Policy Institute has launched a new
website,
TribalProtectionOrder.org, which is designed to
provide both tribal and non-tribal entities with a
clearinghouse of information and resources pertaining to
the issuance and enforcement of protection orders.
United States Government Accountability Office issued
a Report to Congressional Committees called "Grants
Management: Grantees' Concerns with Efforts to
Streamline and Simplify Processes."
Grants.gov continues to demonstrate
a lack of standardization and inefficiencies in grant
administration across federal agencies and difficulties
with implementing its Web portal, the Government
Accountability Office said in a recent report.
Read
the Report >>>
Archived Emerging
Issues
We are pleased to announce that our newest
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