Tribal Court News
DOJ Publishes Final Rule on Assumption of Concurrent Federal Jurisdiction on PL280 Reservations
The final rule regarding assumption of concurrent federal criminal jurisdiction on PL-280 reservations was published today at 76 F.R. 76037 (Dec. 6, 2011). A copy of it can be found here.
Federal Court Finds Interior Violates Self-Determination Act in Denying Public Safety Funds to Tribes in P.L. 280 States
In a decision from the United States District Court for the Southern District of California, the court ruled that the Bureau of Indian Affairs cannot deny law enforcement funding to tribes just because tribes are located within in a P.L. 280 state (decision only applies to tribes within the Eight Circuit).
Governor Brown Establishes Tribal Advisor to Strengthen Communication, Collaboration with California’s Native American Tribes
SACRAMENTO – In order to strengthen communication and collaboration between California state government and Native American Tribes, Governor Edmund G. Brown Jr. today issued an Executive Order establishing the position of Governor’s Tribal Advisor in the Office of the Governor. This position will serve as a direct link between the Governor’s Office and tribal governments on matters including legislation, policy and regulation. Governor Brown signed the Executive Order today while attending the TASIN All California Tribes Meeting at the Sheraton Hotel in Sacramento, CA.
The Center for Court Innovation Releases Report on Tribal-State Collaboration
State and Tribal Courts: Strategies for Bridging the Divide is a 2011 publication from the Center for Court Innovation that provides a history and examples of specific initatives, experiments and collaborations between tribal and state courts. For the full report, see www.courtinnovation.org/sites/default/files/documents/StateAndTribalCourts.pdf.
Nevada SCT Holds that Tribal-State Agreement Can Trump ICWA Exclusive Tribal Jurisdiction Provision
This appeal requires us to decide whether, under section 1919 of the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901-1963 (2006), a tribal-state agreement respecting child custody proceedings may vest a Nevada district court with subject matter jurisdiction to take a relinquishment of parental rights under circumstances where section 1911(a) of the ICWA, 25 U.S.C. § 1911(a), would otherwise lay exclusive jurisdiction with the tribal court. We conclude that the ICWA, in keeping with fundamental principles of tribal autonomy, allows for tribal-state agreements for concurrent jurisdiction even when the tribe would have exclusive jurisdiction absent an agreement. Therefore, we affirm.
