Tribal Court News

Two new ICWA resources are available for download on the Tribal Information Exchange: The Comprehensive State ICWA Laws Map and the ICWA Resources for States and Tribes

The Tribal Law and Policy Institute is pleased to announce a new publication, Tribal Criminal Jurisdiction over Non-Indians: Violence Against Women Act Reauthorization of 2022.

This website was developed as a resource focusing on Violence Against Women Act (VAWA) Special Tribal Criminal Jurisdiction. It contains an overview of the Violence against Women Reauthorization Act of 2022: Tribal Criminal Jurisdictions over Non-Indians, categories of criminal conduct under VAWA 2022, Frequently Asked Questions, news, webinars and resources, events, funding information, and information for the Intertribal Technical-Assistance Working Group (ITWG).

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) invites Tribal leaders, policymakers, practitioners, and others to participate via webinar in one of three upcoming Tribal consultation meetings and listening sessions. OJJDP seeks input on OJJDP priorities, proposed regulations, and how OJJDP funding can best support Tribes to enhance and expand efforts to prevent and reduce delinquency and improve juvenile justice systems. Each consultation with Tribal leaders will be directly followed by a listening session for those other than Tribal leaders.

The Deputy Attorney General delivered recorded remarks at the Justice Department’s 18th Annual Government-to-Government Violence Against Women Tribal Consultation.

Grants.gov Deadline: August 24, 2023 JustGrants Deadline: August 31, 2023 JAG Program funds are available for federally recognized American Indian tribal governments that perform law enforcement functions (as determined by the Secretary of the Interior)

The American Bar Association (ABA) Commission on Domestic & Sexual Violence awarded the Honorable Melissa L. Pope, chief judge for the Nottawaseppi Huron Band of the Potawatomi Tribal Court, the Judith S. Kaye Award for judicial excellence.

The American Bar Association (ABA) Section of Civil Rights and Social Justice (CRSJ) honored the Native American Rights Fund (NARF) Executive Director John E. Echohawk with the Thurgood Marshall Award during the 2023 ABA Annual Meeting in Denver, CO,

Collaboration between state child welfare agencies and tribes is essential to ensure that the best interests of American Indian/Alaska Native (AI/AN) children and families are met. Authentic and effective collaboration is built on a foundation of trust and respect. Child welfare agencies need to acknowledge the historical trauma and inequities that continue to this day, to overcome mistrust and forge strong partnerships with tribes.1 Tribal leaders and community members are the best experts in supporting AI/AN children, young people, and families. State agencies should be open to learning from tribes, prioritizing their perspectives, and incorporating their knowledge into child welfare policy and practice. By respecting tribes as equal partners with unique cultures, values, needs, and expertise, state child welfare agencies can build more equitable child welfare systems and improve outcomes for children, young people, and families.

The New Walking On Common Ground Newsletter is now available! Intergovernmental collaboration is a key that can open the door to leveraging resources for increased public safety in Indian country and surrounding communities. This newsletter brings together stories, resources, and information on tribal-state collaboration, with a focus on court and law enforcement collaboration. Our hope is to inspire and encourage collaborations by highlighting the innovative work that is happening in many jurisdictions. We welcome feedback, suggestions, and any information to be included in future newsletters.

The American Bar Association (ABA) Commission on Domestic & Sexual Violence will award the Honorable Melissa L. Pope, chief judge for the Nottawaseppi Huron Band of the Potawatomi Tribal Court, the Judith S. Kaye Award for judicial excellence.

Closing Date for Applications: Jun 13, 2023 The goal is to create and implement intergovernmental partnership models that are culturally appropriate for federally recognized AI/AN children to prevent maltreatment, removal from families and communities, and improve safety, permanency, and well-being.

Monday June 12, 2023 2:00-3:00 pm ET In this webinar, Supreme Court justices from Washington and Michigan will discuss how state courts can develop strong working relationships with tribes, including establishing permanent collaborative forums for state, tribal, and federal courts. This webinar is sponsored by the Tribal Relations Committee of the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA).

Tribal nations, the federal government, and states coordinate across jurisdictions, a process which the recent Castro-Huerta Supreme Court decision impacts. The Native American Rights Fund (NARF) recently created a guide to tribal-state jurisdictions.

The COPS Office is pleased to release a new resource focused on supporting collaboration for Tribal law enforcement. This library is designed to provide users with the resources they need to research and successfully draft memoranda of understanding (MOU) and memoranda of agreement (MOA). MOUs and MOAs will help agencies develop and solidify partnerships to address missing or murdered Indigenous persons cases and provide a wide range of other related opportunities for collaboration.

TLPI has added a directory of all operational joint jurisdictional courts and resources for Joint Jurisdictional Court planning and implementation.

May 3 - 4, 2023 | Grand Sierra Resort & Casino | Reno, NV | 8:00 am - 5:15 pm

Application deadline for Grants.gov: April 20, 2023 – 11:59 p.m. ET Application deadline for JustGrants: April 27, 2023 – 9:00 p.m. ET Letter of Intent: April 6, 2023 Pre-application call: March 30, 2023

Grants.gov Deadline: March 21, 2023 Application JustGrants Deadline: March 28, 2023 CTAS provides comprehensive funding to American Indian and Alaska Native tribal governments and tribal consortia to support public safety, victim services, and crime prevention.

Wednesday, March 22, 2023 10am PT/ 11am MT/ 12pm CT/ 1pm ET

Grants.gov Deadline: May 17, 2023 JustGrants Deadline: May 24, 2023 Funding Webinar: March 29, 2023, at 1 p.m. ET

Grants.gov deadline: March 21, 2023 Applications JustGrants deadline: March 28, 2023 COSSAP provides funding to develop, implement, or expand comprehensive programs in response to the overdose crisis and the impacts of use and misuse of opioids, stimulants, or other substances.

Application Grants.gov Deadline: April 11, 2023 @ 8:59pm ET Application JustGrants Deadline: April 18, 2023 @ 8:59pm ET

Application deadline: Monday, March 6, 2023 The Substance Abuse and Mental Health Services Administration (SAMHSA) has released its FY23 solicitation for treatment courts.

Grants.gov Deadline: March 21, 2023 Application JustGrants Deadline: March 28, 2023 CTAS provides comprehensive funding to American Indian and Alaska Native tribal governments and tribal consortia to support public safety, victim services, and crime prevention.

During remarks at the 2022 White House Tribal Nations Summit today, Attorney General Merrick B. Garland announced that the FBI and the Bureau of Indian Affairs (BIA) signed an agreement to establish guidelines to provide for the effective and efficient administration of criminal investigations in Indian Country. This is the first update since the early 1990s to a memorandum of understanding between the agencies.

The American Bar Association (ABA) Section of Civil Rights and Social Justice (CRSJ) will honor Native American Rights Fund (NARF) Executive Director John E. Echohawk with the Thurgood Marshall Award during the 2023 ABA Annual Meeting in Denver, CO.

The U.S. Supreme Court decision in Oklahoma v. Castro-Huerta altered nearly 200 years of existing law and policy. Find resources here.

US Court fractures decades of Native American law. It's unclear how the decision ultimately will play out for tribes...

The Department of Justice is pleased to announce the opening of the application period for federally recognized Tribes and intertribal consortia to participate in the Tribal Access Program (TAP) for National Crime Information, which provides federally recognized Tribes the ability to access and exchange data with national crime information databases for authorized criminal justice and non-criminal justice purposes.

On March 15, 2022, President Biden signed the Violence Against Women Act Reauthorization bill (VAWA 2022) as a part of the Omnibus funding bill (H.R. 2471). The tribal provisions of VAWA 2022 are included in Title VIII of Division W of the overall bill.

Tribal, state, federal and local courts have overlapping jurisdictions and face common challenges and resource limitations. To address these concerns, several jurisdictions have come together in a joint jurisdictional model that acknowledges each other’s autonomy, while sharing resources for better outcomes for everyone. In September 2019, the Tribal Law and Policy Institute, in collaboration with the Bureau of Justice Assistance, disseminated a needs assessment survey to the joint jurisdiction courts known to be operational. TLPI gathered information on (1) the courts’ approach, design, and development; (2) the courts’ operations; (3) the court-connected services; (4) the court collaboration and coordination; (5) court record management and evaluation; and (6) techniques to sustain the courts. TLPI developed a full report of findings, as well as a summary report. The needs assessment survey responses showed that these courts share similar characteristics and face similar challenges. The full report provides details on the findings of the needs assessment survey, including an overview of the lessons learned, the effectiveness of joint jurisdiction courts, and the funding needed to support their implementation, sustainability, and growth.

In case you missed any of the Tribal-State Collaboration webinars from the series this summer, the webinar recordings are available under the "Resources" tab. If you have any questions, please contact chia@tlpi.org.

A tribal police officer has authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law.

Review the steps Poarch Band of Creek Indians, Alabama’s only federally recognized tribe, took to overcome jurisdictional barriers to achieve implementation of state legislation

TLPI announces the release of two Tribal-State Court Forum publications updated with 2020 information.

Washington State American Indian Health Commission COVID 19 Resources as March 22, 2020

The U.S. Department of Justice announced a new tool giving tribal governments the ability to directly input data and gain access to the FBI’s National Sex Offender Registry (NSOR) using the Tribe and Territory Sex Offender Registry System (TTSORS). The system connection will be available to all tribal governments already participating in the Tribal Access Program (TAP), which allows information sharing between tribal and federal government criminal information systems.

Emerging Strategies in Tribal-State Collaboration: Barriers and Solutions to Enforcing Tribal Protection Order Meeting Report. On December 6, 2017, the Tribal Law and Policy Institute, in collaboration with BJA, hosted a day-long meeting to explore the barriers and highlight promising strategies around the enforcement of tribal protection orders. This report details those discussions and summarizes the successful efforts

Crossing the Bridge: Tribal-State-Local Collaboration gives practical steps toward initiating discussions across jurisdictions to “cross the bridge” and begin the relationship building necessary for collaborative endeavors that work toward common goals.

Utah Attorney General Sean D. Reyes met with the leadership of the Navajo Nation, reported on the proceedings of the ICWA lawsuit, and signed an Inter-Governmental Agreement (between DCFS & Navajo Nation) with Governor Gary R. Herbert.

Please join the Native American Rights Fund for an important webinar on Project ChildSafe, Wednesday, September 12 at 11:00 AM PST.

The Department of Justice is pleased to announce expansion of the Tribal Access Program (TAP), a program providing federally recognized Tribes the ability to access and exchange data with the national crime information databases for both civil and criminal purposes.

Over 15 years ago, the Minnesota Tribal Court/State Court Forum petitioned the Minnesota Supreme Court to adopt a robust rule for recognition of tribal court orders . . .

This report examines the jurisdictional and legal limits of cross-deputization and how it has been implemented in various law enforcement agencies in Indian country

.. . The law’s sponsor, Rep. Gina McCabe, R-Goldendale, said it tries to fix a lack of coordination between different law enforcement and government agencies at state, federal and tribal levels.

The Alaska Supreme Court has adopted two rules which authorize judges to refer cases to tribes and other entities for recommendations as to the appropriate sentence or disposition.

The National Congress of American Indians has released a 5 year report on the implementation of VAWA's Special Domestic Violence Criminal Jurisdiction.

Just Released: Michigan's Judiciary Success Stories: How Tribal, State and Federal Courts are Collaborating to Benefit Michigan Families. This new publication highlights the success stories of the Michigan Tribal State Federal Judicial Forum,

The U.S. Department of Justice – Bureau of Justice Assistance (BJA), in cooperation with the National Shooting Sports Foundation’s Project ChildSafe,has announced a new program that makes free gun locks and firearms safety information

Solicitation deadline is March 20, 2018. CTAS provides comprehensive funding to American Indian and Alaska Native tribal governments and tribal consortia to support public safety, victim services, and crime prevention.

The Tribal Law and Policy Institute is hosting a meeting on Emerging Strategies in Tribal State Collaboration: Enforcement of Tribal Protection Orders, to be held on December 6, 2017 in Palm Springs, California.

In honor of Native American Heritage Month, Makepeace Productions is launching Tribal Justice streaming online, making the film available for personal home use for the first time since the POV broadcast.

On December 7-8, 2017, the National American Indian Court Judges Association and it's partners will host the American Indian Justice Conference on the Agua Caliente Reservation.

"It's the first state-tribal compact for child welfare in the country, said Valerie "Nurr'araaluk" Davidson."

Department of Justice Announces Additional Expansion of Program to Enhance Tribal Access to National Crime Information Databases

Henu' Community court, a joint jurisdiction court between the Kenaitze Indian Tribe and the State of Alaska, celebrates its grand opening.

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

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

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

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

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

The Acting Solicitor General has issued a memo.

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.

Due January 25, 2017

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.

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.

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

Workshop Submission Deadline: July 15, 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.

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.

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

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

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/

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.

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.

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.

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.

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

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

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.

TLPI CTAS webinars focusing on funding VAWA SDVCJ Implementation

TLPI CTAS webinars focusing on funding VAWA SDVCJ Implementation

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

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.

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

"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.

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.

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.

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.

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.

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.

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.

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

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

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

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

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.

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

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

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 . . .

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.

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

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

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

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.

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.

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

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.

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

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.