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Cooperative Agreements
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Alaska
Parties: The State of Alaska and Anvik Tribal Council
Date enacted/published: January 10, 2017
Description:
The Anvik Tribal Council became the first Alaska Tribe to sign the Civil Diversion Agreement with the State of Alaska. Under the Agreement, state law enforcement officers must offer defendants of certain low-level offenses and crimes the option of tribal court civil proceedings and remedies, instead of state prosecution.
The Agreement allows tribal courts – who intimately know the challenges facing their communities and have traditional knowledge of successful approaches – to utilize restorative justice hearings, circle sentencing, and other tried and true procedures to encourage defendants to become and remain healthy and contributing members of their communities. “Improving public safety is the number one priority of our tribes,” states Vivian Korthuis, Association of Village Council Presidents (AVCP) CEO. “This is a necessary step toward empowering tribal courts to address public safety needs in their communities.”
The final Civil Diversion Agreement is a culmination of over three years of collaboration between AVCP, Tanana Chiefs Conference, the Central Council of Tlingit and Haida Indian Tribes of Alaska, Kawerak, Inc., the Sitka Tribe of Alaska, Maniilaq Association, the Native American Rights Fund, Alaska Legal Services Corporation, tribal court judges, representatives from individual Alaska tribes, and the State of Alaska. The negotiations progressed rapidly after Attorney General Jahna Lindemuth was appointed in August, 2016.
California
Parties: Yurok Tribal Court and Counties of Del Norte and Humboldt, California
Date enacted/published: 2009
Description:
With help from a major grant from U.S. Department of Justice, the Yurok Tribal Court is entering into memoranda of understanding (MOU)with the two local counties to officially sanction the comonitoring of offenders and to establish protocols for the transfer of cases and assist in securing state court recognition of tribal court orders.
One MOU, with Humboldt County, provides for joint supervision of tribal members sentenced to ankle monitoring for curfew compliance and alcohol consumption. The tribal court may recommend or refer a tribal member for placement in the program, which is limited to minimum-security inmates and low-level offenders related to substance or alcohol abuse. Other MOUs provide for the tribal court to conduct mental health screening, treatment planning, case management, and court monitoring for juvenile offenders and adults in Del Norte and Humboldt counties. The ultimate goal for the Yurok Tribe is to assume jurisdiction over all these cases, exercising its concurrent authority. In the meantime, the state and tribal systems have agreed to allocate parts of the process to the entity that can be most effective in addressing problems of substance abuse and associated offenses.
For additional information contact:Honorable Abby Abinanti
Chief Judge
Yurok Tribal Court
(707) 482-1350
aabinanti@gmail.com
Minnesota
Parties: Leech Lake Tribal Court and Cass County Court, MN
Date enacted/published: 2007
Description:
A packet of information regarding the Wellness Court jointly operated by Cass County Court and Leech Lake Tribal Court, including the joint powers agreement, press release, description of the operation of the cooperative drug court, goals and objectives, and contact information.The Leech Lake Band and Cass County, Minnesota have a cooperative, jurisdictional sharing agreement for drug court. The goals are to reduce costs, reduce criminal behavior and recidivism, enhance public safety, and enhance the well-being of participants.
For additional information contact:Honorable Korey Wahwassuck
Leech Lake Tribal Court
16126 John Moose Drive
Cass Lake, MN 56633
(218) 335-3682
koreyw@llojibwe.org
Honorable John P. Smith
Cass County Courthouse
300 Minnesota Avenue
P.O. Box 3000
Walker, MN 56484
john.smith@courts.state.mn.us
Parties: Minnesota tribal courts, Minnesota courts
Date enacted/published: December 2006
Description:
Article in the Bench and Bar of Minnesota by Judge Robert Blaeser and Andrea Martin that explores how Minnesota state courts and tribal courts have sought to resolve jurisdictional disputes. It describes an alternative approach inspired by the Wisconsin Supreme Court that is known as the Teague Protocol and the court rule proposed by the Tribal Court/State Court Forum to recognize tribal court judgments. The court rule proposed by the Tribal/State Court Forum in Minnesota was not adopted by the Minnesota Supreme Court.
For additional information contact:Judge Robert A. Blaeser
Hennepin County Court House
300 South 6th Street
Minneapolis, MN 55487-0999
(612) 348-4964
North Dakota
Parties: Turtle Mountain Band of Chippewa and State of North Dakota
Date enacted/published: May 4, 2022
Description:
The state and the Turtle Mountain Band of Chippewa have developed a memorandum of understanding on providing services for the treatment and rehabilitation of delinquent youth under tribal court jurisdiction. Tribal juvenile services cooperative agreements are authorized under N.D.C.C. 27-20.4-27. Representatives from the Turtle Mountain Band, the Department of Corrections and Rehabilitation, the North Dakota Indian Affairs Commission, and the North Dakota Supreme Court began meeting in the Fall of 2021 to work out the agreement. The Turtle Mountain Tribal Council recently approved the MOU and it was signed by Chairman Jamie Azure on 4/27/2022. The remaining agency signatures are now being gathered and then the next steps will be to develop the multi-disciplinary team, finalize the meeting structure and objectives, and begin staffing cases. The MOU is not available online.
Oregon
Parties: Klamath Tribal Court, Klamath District Court
Date enacted/published: July 2008
Description:
This article describes a MOU between the Klamath Tribal Court and the Klamath District Court regarding the transfer of some juvenile cases to the tribal court for supervision. Copy of the MOU is not online.
For additional information contact:Klamath Tribal Court
116 E. Chocktoot Street
P.O. Box 1260
Chiloquin, Oregon 97624
Phone: 541-783-3020
