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Tribal Court News

 
 

Enforcement of Tribal Protection Orders in California

June 19, 2017

This video explains the obligations of law enforcement officers in California under both federal and state law to recognize and enforce tribal court domestic violence restraining orders. These orders do not need to be registered with the state court or locatable in law enforcement data bases. If the orders are valid on their face they must be enforced.

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REGISTRATION IS NOW OPEN FOR THE 2017 NAICJA CONFERENCE!

May 30, 2017

The National American Indian Court Judges Association (NAICJA) invites you to register for the 48th Annual National Tribal Judicial and Court Personnel Conference. The theme of this year’s conference is, “Tribal Justice: Building and Strengthening Relationships and Partnerships.” The conference will be held October 10-13, 2017 at the beautiful Isleta Resort & Casino in Albuquerque, NM.

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Attorney General Jeff Sessions Announces New Actions to Support Law Enforcement and Maintain Public Safety in Indian Country

April 18, 2017

Attorney General Jeff Sessions Announces New Actions to Support Law Enforcement and Maintain Public Safety in Indian Country

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Tribal Law Enforcement Executive Symposium

March 20, 2017

The symposium "Breaking down jurisdictional barriers" will be held May 10-11, 2017 at Warm Springs, OR.

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Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction (re-issued)

March 17, 2017

Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction (re-issued) April 19, 2017: Registration due May 3, 2017: Applications due

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Idaho Report on Indian Country Jurisdiction

March 7, 2017

"State Jurisdiction in Indian Country" was developed in response to discussions on retrocession in Idaho.

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California AG Issues Information Bulletin on Tribal Protection Orders

February 7, 2017

This much needed guidance clarifies what constitutes a valid order and further enumerates what is NOT required.

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Justice Dept. Cements Position on Concurrent Federal Criminal Jurisdiction in “Optional” P.L. 280 States

January 19, 2017

The Acting Solicitor General has issued a memo.

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U.S. Accepts Concurrent Jurisdiction Over Hoopa Valley Reservation

January 19, 2017

The Department of Justice has granted a request by the Hoopa Valley Tribe for the United States to assume concurrent criminal jurisdiction on the tribe’s reservation.

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OVW Grants to Tribes to Exercise Special Domestic Violence Criminal Jurisdiction Now Available

December 5, 2016

Due January 25, 2017

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Judge Thorne Receives Distinguished Service Award from the National Center for State Courts

October 14, 2016

Congratulations Judge Thorne! William A. Thorne Jr., retired Utah Court of Appeals judge and former chairman of the Child Trends board of directors, recently received the Distinguished Service Award from the National Center for State Courts.

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DEPARTMENT OF JUSTICE ANNOUNCES EXPANSION OF PROGRAM TO ENHANCE TRIBAL ACCESS TO NATIONAL CRIME INFORMATION DATABASES

October 13, 2016

The Department of Justice is expanding the TAP program, with the expressions of interest from tribes due between October 24 and December 2, 2016. Federally recognized tribes interested in participating in this next phase of TAP must submit a letter or resolution from the tribe’s governing body.

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Focus Group for Tribal Victim Services

August 5, 2016

Participants are needed for focus groups on tribal victim services taking place in Los Angeles, St. Paul, Phoenix, and Catoosa, OK.

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Call for Presentations for the 15th National Indian Nations Conference

July 15, 2016

Workshop Submission Deadline: July 15, 2016

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Dollar General v. Mississippi Band of Choctaw Indians - Tribal Jurisdiction Affirmed

June 23, 2016

In a tie, 4-4 decision, Fifth Circuit decision upholding tribal civil jurisdiction over non-Indians is affirmed, but is not binding on other circuits.

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Joint Jurisdiction Courts Manual Just Released

June 9, 2016

Joint Jurisdiction Courts: A Manual for Developing Tribal, Local, State & Federal Justice Collaborations is a roadmap for tribal and community leaders who want to develop joint jurisdiction courts.

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New Tribal-State Court Forum Approved!

June 9, 2016

The Kansas Judicial Council has approved the creation of the Kansas Tribal-State Court Forum. More to come from Kansas in the near future.

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Bureau of Indian Affairs Issues Final Regulations to Strengthen the Implementation of the Indian Child Welfare Act (June 8, 2016)

June 9, 2016

Acting Assistant Secretary – Indian Affairs Lawrence S. Roberts announced final, updated measures to protect the rights of Indian children

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National Convening of Tribal-State Court Forums

June 6, 2016

On June 2-3, 2016 TLPI hosted a National Convening of Tribal-State Court Forums in downtown Los Angeles. There were 13 states represented and over 45 participants/

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American Indian Justice Conference

June 1, 2016

Tucson, AZ; June 14-15, 2016. Hosted by Fox Valley's National Criminal Justice Training Center, the Tribal Judicial Institute, and the National Tribal Judicial Center.

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NIJ Report: Violence Against American Indian and Alaska Native Women and Men

May 10, 2016

A new NIJ research report finds that violence against American Indians (AI) and Alaska Natives (AN) is more common than violence against others — far more common than previous research indicated.

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Congress Allocates $10 Million for Tribal Courts in PL 280 States

April 14, 2016

The Department of Interior is hosting two consultations calls for tribal leaders on courts in PL 280 states: April 19 and April 26. The written comment deadline is April 29 by midnight.

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Save the Date: 15th National Indian Nations Conference!

April 14, 2016

The 15th National Indian Nations Conference, funded by the Office for Victims of Crime, will take place December 8-10, 2016, pending federal approval, at the Renaissance Hotel on the Agua Caliente Reservation in the Coachella Valley of California.

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Honoring Nations Semi-Finalists Named

March 31, 2016

The Harvard Project on American Indian Economic Development announces list of semi-finalists for Honoring Nations Award.

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Tribal-State Court Forums Annotated Directory Now Online!

January 27, 2016

The Tribal Law and Policy Institute is happy to announce the publication of: Tribal-State Court Forums: An Annotated Directory. This directory includes a detailed listing of the 10 currently operational Tribal -State Court forums around the nation. These forums provide unique collaboration opportunities across jurisdictions and have led to such positive outcomes as

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U.S. Accept Concurrent Jurisdiction Over Mille Lacs Band of Ojibwe Reservation

January 14, 2016

The Department of Justice has granted a request by the Mille Lacs Band of Ojibwe for the U.S. to assume concurrent criminal jurisdiction on the tribe’s reservation in central Minnesota.

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TLPI CTAS webinars focusing on funding VAWA SDVCJ Implementation

December 30, 2015

TLPI CTAS webinars focusing on funding VAWA SDVCJ Implementation

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TLPI CTAS webinars focusing on funding VAWA SDVCJ Implementation

December 30, 2015

TLPI CTAS webinars focusing on funding VAWA SDVCJ Implementation

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Announcing New TLPI Website: www.home.tlpi.org

November 25, 2015

This new site includes comprehensive information on TLPI's 20 years as a non-profit serving Indian country, resources, products and

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Yakama Nation Retrocedes from Public Law 280

October 22, 2015

Assistant Secretary of Indian Affairs Washburn announced that the DOI has accepted from the State of Washington the partial civil and criminal jurisdiction it held over the Confederated Tribes and Bands of the Yakama Nation.

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Federal Grants Available for Tribal-State ICWA Programs

August 20, 2015

The Department of Health and Human Services announced this upcoming funding opportunity, with an estimated due date of 6/12/2016.

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Tribal-State Law Enforcement Collaboration Webinar July 23

July 16, 2015

"Improving Tribal & State Community Relations: Joint Crow Creek Sioux Tribe and South Dakota Highway Patrol Memorandum of Understanding" webinar will be held July 23 at 3pm eastern.

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A Dialogue on TLOA Implementation of Enhanced Sentencing Authority

July 13, 2015

On July 13-14, 2015, tribal governments will share their experiences in implementing this new authority, including how the authority is interacting with federal prosecution.

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New Code Resource: Implementing TLOA and VAWA

May 20, 2015

Now available online, a new legal code resource guide for drafting or revising tribal laws to implement the Tribal Law and Order Act enhanced sentencing and the Violence Against Women Act special domestic violence criminal jurisdiction.

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Tribal courts seek greater access to state and federal systems

April 7, 2015

The National American Indian Court Judges Association is calling for "immediate" access to state and federal criminal registration systems, a promise that remains unfulfilled nearly five years after the passage of the Tribal Law and Order Act.

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Intergovernmental Reentry Workshops Announced

March 5, 2015

Three workshops focused on "Planning for Reentry: From Federal, State and Tribal Correctional Facilities to Communities in Indian Country" will be held regionally in April and May of 2015.

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Cooperation Improves Kids’ Lives in Tribal Nation within County

January 22, 2015

BEMIDJI, Minn - The Red Lake Nation is a sovereign American Indian entity surrounded by Beltrami County. Red Lake people use some county services, but also have their own courts and social services. Beltrami County kids are served by courts and social services based in the city of Bemidji, the county seat.

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Webinar: FY 2015 CTAS Funding for VAWA Implementation

January 20, 2015

On Jan. 20th, TLPI discussed how Purpose Areas #3 and #5 can be used to fund the implementation of VAWA's special domestic violence criminal jurisdiction.

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VAWA Website for the Inter-Tribal Working Group

January 20, 2015

The Tribal Law and Policy Institute (TLPI), the National Congress of American Indians (NCAI), and the National Council of Juvenile and Family Court Judges (NCJFCJ) have jointly launched a website full of resources

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Attorney General Holder Issues Guidelines for Working with Federally Recognized Tribes

January 6, 2015

Including overarching principles, coordination and outreach, consultation and communication, culture and mutual respect, law enforcement and more.

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Indian Nations Conference Materials Posted

December 1, 2014

This conference focusing on Justice for Victims of Crime, was held in Palm Springs on December 11-13, 2014.

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Sarah Deer Receives MacArthur Genius Grant Award

September 17, 2014

Former TLPI staff member Sarah Deer is awarded the prestigious MacArthur Genius Grant Award for her work on domestic violence in Indian

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South Dakota Launches Tribal Parole Pilot Program

August 12, 2014

For this pilot program, the state will provide training and funding for a tribal parole agent to supervise parolees on the reservation. The tribal agent will use the same parole system that state agents use.

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Michigan Supreme Court Issues Order to Create Tribal-State Forum

June 26, 2014

The Michigan Supreme Court issued an order creating the Michigan Tribal State Federal Judicial Forum.

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Survey and Analysis of Select Title IV-E Tribal-State Agreements

March 27, 2014

This report provides a detailed analysis of Title IV-E tribal-state agreements and includes an overall summary of the status of current Title IV-E agreements, as well as a breakdown of the provisions that can be found in those agreements by subject matter

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NC Court of Appeals Affirms Conviction Under Tribal-State Cross-Deputization Agreement

March 20, 2014

Pursuant to the Tribal Code of the Eastern Band of the Cherokee Indians and mutual compact agreements between the Tribe and other law enforcement agencies, the North Carolina Highway Patrol has authority . . .

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Tribal, County Courts Join to Hear Family, Juvenile Cases

March 17, 2014

California: The Superior Court of El Dorado County and the Shingle Springs Rancheria will collaborate to create a court for juvenile and family court cases.

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Indian Law and Order Commission Reports on Intergovernmental Cooperation

February 3, 2014

"Intergovernmental Cooperation: Establishing Working Relationships that Transcend Jurisdictional Lines"

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Training for PL 280 Tribes: White Earth and the Federal Re-Assumption Provisions of TLOA

January 9, 2014

Federal Re-Assumption of Criminal Jurisdiction under the TLOA: The White Earth Experience on January 31, 2014 in San Diego, California.

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New Mexico Tribal-State Judicial Consortium Wins Outstanding Criminal Justice Program Award

November 26, 2013

Given out annually, this award recognizes one of the longest lasting tribal-state court forums in the country.

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Indian Law and Order Commission Report Released

November 12, 2013

The Indian Law and Order Commission traveled around the country for two years to hear about criminal jurisdiction, tribal courts, grant funding and other topics. The result is a 324-page report that addresses gaps in public safety in Indian country.

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Guide to Adoptive Couple v. Baby Girl Case Released

October 17, 2013

In a split 5-4 opinion by Justice Alito, with a strong dissent from Justice Sotomayor, the Court limited ICWA, but did not eliminate it.

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NCAI Statement on Budget Impasse

October 17, 2013

The National Congress of American Indians (NCAI) has released the following statement regarding the budget impasse and the shutdown of the federal government.

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Comments in Support of the California Tribal Court/State Court Forum

August 5, 2013

Public comment is open for Proposed California Rule of Court, rule 10.60, which would formally establish the California Tribal Court/State Court Forum (forum) as a Judicial Council advisory committee.

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Madison County Votes to Approve Oneida Nation/New York State Agreement

June 6, 2013

The Madison County Board of Supervisors approved the sweeping casino and land deal between the Oneida Indian Nation and the state of New York.

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Tribal Courts Aim to Heal

May 6, 2013

Advocates for Native American survivors of intimate violence cheered when they won the right to prosecute non-Indian assailants in tribal court. That change came with a provision in the Violence Against Women Act earlier this year. On at least one slice of California sovereign tribal land, the change also means defendants will have to engage with a very different criminal justice system – one that is based on restorative justice.

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U.S. Supreme Court Oral Agruments in ICWA Case

April 16, 2013

The United States Supreme Court recently heard an Indian Child Welfare Act of 1978 (ICWA) adoption case involving a South Carolina couple who were ordered to turn over a 27-month-old girl to her biological father, a member of the Cherokee Nation of Oklahoma.

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Implementation of the Expanded Jurisdiction Provisions of the VAWA: Resources Posted

April 8, 2013

Resources are now available from the April 5, 2013, NCAI/TLPI webinar on implementation of the Violence Against Women Act's expanded tribal jurisdiction provision.

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United States to Accept Concurrent Jurisdiction Over White Earth Reservation in Minnesota

March 18, 2013

First Assumption of Federal Jurisdiction Under Historic Tribal Law and Order Act The Department of Justice has granted a request by the White Earth Nation for the United States to assume concurrent criminal jurisdiction on the 1,300 square mile White Earth reservation in northern Minnesota.

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Arizona bill eyes creating a Native American county

February 12, 2013

State lawmakers have revived a decades-old plan to turn the Navajo and Hopi reservations into a separate county so the tribes can claim a share of state revenue.

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New Article Spotlight. The Commission on State Tribal Relations: Enduring Lessons in the Modern State-Tribal Relationship

September 13, 2012

This article, written by the founders of the Commission on State-Tribal Relations, traces the historical development of a new approach to state-tribal relations in the 1970’s, during a time of heightened tension between state and tribal governments.

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Tribal-State Court Listserv in Development - Please Join!

March 29, 2012

The Tribal Law and Policy Institute is developing a tribal-state court listserv to create a forum for discussions about promising strategies in collaboration and to present questions to others in the field. Click "more" to join.

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DOJ Publishes Final Rule on Assumption of Concurrent Federal Jurisdiction on PL280 Reservations

December 14, 2011

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.

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Federal Court Finds Interior Violates Self-Determination Act in Denying Public Safety Funds to Tribes in P.L. 280 States

November 1, 2011

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).

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Governor Brown Establishes Tribal Advisor to Strengthen Communication, Collaboration with California’s Native American Tribes

September 29, 2011

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.

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The Center for Court Innovation Releases Report on Tribal-State Collaboration

September 27, 2011

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.

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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.

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