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Alaska
Parties: Alaska Natives, Alaska Supreme Court
Date enacted/published: March 2007
Description:
The Fairness and Access Implementation Committee was formed in 1998 to implement the recommendations in the 1997 Report of the Alaska Supreme Court Advisory Committee on Fairness and Access. In summary the report describes
- Initiatives taken to educate the public on the justice system
- initiatives that increases the courts presence in rural areas
- Initiatives to train and recruit court interpreters and train judges on the use of interpreters
- Initiatives to provide cross-cultural training to court employees and efforts to diversify the workforce
- Efforts to write court forms and pamphlets in simple, clear English
- The study done by the Alaska Judicial Council on disparities in the criminal justice process. Among the disparities found were increased incarceration times for Alaska Natives before disposition of the case, increased total time spent incarcerated throughout the case for a few types of offenses, and longer sentence lengths for drug cases for Alaska Natives
- Efforts made to increase use of alternative dispute resolution and the use of tribal leaders and organizations in the court process efforts made to increase the jury pool
- The Bethel Initiative, an attempt at hiring a Yupik-speaking cultural navigator to provide information about the court process
- Initiatives taken due to the higher percentage of Alaska Native children involved in Children in Need of Aid Cases
Alaska Court System
820 West 4th Avenue
Anchorage, AK 99501
Phone: 907-264-0785
Date enacted/published: October 20, 2017
Description:
Attorney General Jahna Lindemuth issued a formal Attorney General Opinion on the topic of tribal sovereignty. The Opinion outlines the laws and cases addressing tribal sovereignty and tribes’ inherent governmental authority over certain matters.
“There seem to be continuing questions on the status of tribes in Alaska, and the purpose of this Opinion was to put those issues to bed that have already been determined,” said Attorney General Lindemuth. “What we know definitively is that Alaska tribes are sovereign governmental entities with authority over a myriad of matters regardless of whether there is Indian country. What this Opinion does not do is opine on areas that have not yet been addressed by the courts. We wanted to narrow the universe of questions so that we are all working from the same foundation as new issues arise.”
Alaska has a unique history when it comes to Native law matters because of the passage of the Alaska Native Claims Settlement Act (ANCSA) and the fact that Alaska became a state relatively late. But both the federal and state courts have dealt with a number of legal questions on the status of Alaska tribes and the extent of a tribes’ jurisdiction since ANCSA was enacted. The Opinion attempts to synthesize all of the cases into one cohesive document that can be used as a resource and foundation moving forward.
Parties: Alaska Natives, Alaska courts
Date enacted/published: October 31, 1997
Description:
The Alaska Supreme Court examined racial and ethnic bias in the Alaska court system in a 20 month study that included public hearings and other public input. The report examines the problems faced by Alaska Natives such as bias, cultural misunderstandings, inadequate services, lack of accessibility, and troubling disparities in a number of areas. The report includes recommendations on what the Alaska Supreme Court should do to make the court system work better for Alaska Natives and other ethnic minorities.
For additional information contact:Alaska Court System
820 West 4th Avenue
Anchorage, AK 99501
Phone: 907-264-0785
Parties: Alaska Natives
Date enacted/published: 2002
Description:
This online resource provides the history of development of tribal courts in Alaska. It discusses the impact of State of Alaska v. Native Village of Venetie, 522 U.S.520 (1998) and reviews the state of Alaska's recognition of tribal courts and tribes in Alaska.
For additional information contact:Tanana Chiefs Conference, Inc.
122 First Avenue, Suite 600
Fairbanks, Alaska 99701
Phone: 907-452-8251
Arizona
Parties: Arizona attorneys
Date enacted/published: pending approval, petitioned 2009
Description:
Provides the justification and support for inclusion of a federal Indian law question on the Arizona State Bar Exam. The petition is sponsored by the Federal, State, and Tribal Forum in Arizona.
For additional information contact:David Withey
dwithey@courts.az.gov
State, Tribal and Federal Court Forum
Arizona Judicial Branch
Parties: Arizona tribal courts, Arizona courts
Date enacted/published: 1991
Description:
The Conference of Chief Justices sponsored a project designed by the National Center for State Courts focused on enhancing cooperation between tribal and state courts as it related to civil jurisdiction. This project involved a research phase in which the nature and extent of the problems between state and tribal courts were determined. From this research, it appeared that jurisdictional disputes had arisen most frequently in the areas of the Indian Child Welfare Act, domestic relations (family law), contract law as well as taxation, hunting and fishing, and certain other areas. Three states, including Arizona, were then selected to work on model approaches to find solutions to these problems. The Arizona Forum included a combination of state and tribal judges. After study of the issues common in Arizona, they provided this report to the committee overseeing the project. It includes a number of recommendations with assessments of the problems being addressed. The report provides numerous recommendations in the area of
- Education
- Jurisdiction
- Intergovernmental agreements
- Uniform laws
- Federal legislation
David Withey
dwithey@courts.az.gov
State, Tribal and Federal Court Forum
Arizona Judicial Branch
California
Parties: Tribal communities
Date enacted/published: ongoing
Description:
This web page maintained by the California court system provides information on the tribal communities within California. According to most recent census data, California is home to more people of Native American/ Alaska Native heritage than any other state in the Country. There are currently 107 federally recognized Indian tribes in California and 78 entities petitioning for recognition.
For additional information contact:Judicial Council of California
Administrative Office of Courts
Center for Families, Children & the Courts
455 Golden Gate Avenue
San Francisco, California 94102-3688
Parties: California Tribes
Date enacted/published: ongoing
Description:
Web page maintained by the California courts to provide information on the tribal courts within California. It provides a listing by tribe or by county. It lists contact information, history of the court, key personnel and a description of the types of cases handled in tribal court.
For additional information contact:Judicial Council of California
Administrative Office of Courts
Center for Families, Children & the Courts
455 Golden Gate Avenue
San Francisco, California 94102-3688
Parties: California tribal courts, California courts
Date enacted/published: May 2010
Description:
This project brought together a substantial cross section of the Native American community in California with the California court system to discuss issues of family violence, including domestic violence, sexual assault, stalking, and teen-dating violence and how the court system can better handle them. The policy report reviews the history and prevalence of family violence in Native American communities, describes the project goals, summarizes the research findings, and identifies the next steps.
For additional information contact:Judicial Council of California
Administrative Office of Courts
Center for Families, Children & the Courts
455 Golden Gate Avenue
San Francisco, California 94102-3688
Vida Castaneda 415-865-7874
vida.castaneda@jud.ca.gov
Jennifer Walter, 415-865-7687
jennifer.walter@jud.ca.gov
Parties: California tribal courts, California courts
Date enacted/published: May 2010
Description:
This project brought together a substantial cross section of the Native American community in California with the California court system to discuss issues of family violence, including domestic violence, sexual assault, stalking, and teen-dating violence and how the court system can better them.The research findings inform the policy direction of the state courts, and represent the experiences and wisdom of over 500 Native Americans concerned about family violence in their communities and constitute the most comprehensive look at this issue in California to date. The research report compiles the information shared during tribal community meetings into separate themes and lists problems and solutions identified by meeting participants under each theme.
For additional information contact:Judicial Council of California
Administrative Office of Courts
Center for Families, Children & the Courts
455 Golden Gate Avenue
San Francisco, California 94102-3688
Vida Castaneda 415-865-7874
vida.castaneda@jud.ca.gov
Jennifer Walter, 415-865-7687
jennifer.walter@jud.ca.gov
Parties: California tribal courts, California courts
Date enacted/published: 2009 and ongoing
Description:
The Tribal Projects Unit is a program of the Center for Families, Children & the Courts. The Tribal Projects Unit provides support and technical assistance to local courts on tribal issues and assists with the development of policies, positions, and programs to ensure the highest quality of justice and service for California’s Native American communities and serves as a liaison to those communities in cases relating to the Indian Child Welfare Act and family violence (domestic violence, dating violence, sexual assault, and stalking). The website contains descriptions of projects and numerous resources. One of their goals is collaboration with California Native American communities.
For additional information contact:Administrative Office of the Courts
Center for Families, Children & the Courts
Tribal Projects Unit
455 Golden Gate Avenue, 6th Floor
San Francisco, California
94102-3688
Idaho
Parties: Idaho tribal courts Idaho courts
Date enacted/published: 1994, updated in 2005
Description:
The Tribal Court Bench Book developed by the Tribal/State Court Forum provides a legal discussion on criminal and civil jurisdiction specific to Idaho, and provides information on tribal courts within Idaho. Tribal court contact information is updated on the Forum’s web page maintained by the Idaho Supreme Court.
For additional information contact:Michael Henderson
Idaho Supreme Court Legal Counsel
P.O. Box 83720
Boise, ID 83720-0101
(208) 334-2246
mhenderson@idcourts.net
Michigan
Parties: Michigan tribal courts, Michigan courts
Date enacted/published: ongoing
Description:
Review issues of American Indian law, focusing on the relationship between tribal courts, state courts, and federal courts, and on the promotion of positive relationships between the lawyers of Michigan and the American Indian Community. Their web page includes links to meeting minutes and annual reports. Their future goals include
- Continue efforts to monitor drafting of revisions to Michigan Court Rules designed to implement responsibilities under the Indian Child Welfare Act.
- Continue to develop relationships with other Committees/Sections within the Bar to raise the profile/familiarity with Indian Law and the role/jurisdiction of Indian tribes and tribal courts in the state.
William J. Brooks, Chair
William J. Brooks PLLC
359 River St # 206
PO Box 607
Manistee, MI 49660-0607
Phone: (231) 723-1101
Parties: Michigan tribal courts, Michigan courts
Date enacted/published: March 2011
Description:
This court resource guide was written by a special committee formed by the Michigan Supreme Court to help Michigan judges learn about the federal Indian Child Welfare Act of 1978, the need for states to comply with the Act, and discuss its implementation in Michigan. The committee consisted of tribal and state welfare directors, tribal and state judges, and other tribal community members.
For additional information contact:ICWA Special Committee
State Court Administrative Offices
925 W. Ottawa Street
Lansing, MI 48913
(517) 373-0130
Parties: State of Michigan and Native nations located in that state
Date enacted/published: 1993
Description:
The directory issue, which is sent to more than 40,000 lawyers licensed in the state, contains a wealth of information about each tribe located in Michigan:
- The nature and organization of the tribe’s government,
- Tribal constitutions and other governing documents,
- The structure of the tribe’s court system,
- The territorial jurisdiction of the tribe,
- Caseloads during the previous year,
- Requirements for admission to practice before the tribal court,
- The tribal court’s facilities,
- Current personnel,
- The extent to which the tribe has entered into intergovernmental agreements, and
- The sources of tribal law and procedure.
In addition, the Michigan Bar Journal periodically dedicates one of its monthly issues to Indian law and tribal law. Since 1986, the Michigan Bar Journal has published four issues that were specifically dedicated to exploring Indian law topics. Overall, the Michigan Bar Journal has published 25 articles on Indian law issues during the past 25 years, on topics ranging from ICWA to criminal jurisdiction, economic development, and state-tribal relations.
For additional information contact:Michael Petoskey
Chief Judge
Pokagon Band of Potawatomi
P.O. Box 355
Dowagiac, MI 49047
(269) 783-0505
michael.petoskey@gmail.com
Parties: Michigan tribal courts, Michigan courts
Date enacted/published: ongoing
Description:
The Michigan Supreme Court provides a webpage with the contact information and links to the websites of the 12 recognized tribes in Michigan, their tribal courts, and their statutes.
For additional information contact:State Court Administrative Offices
925 W. Ottawa Street
Lansing, MI 48913
(517) 373-0130
Minnesota
Parties: Mille Lacs County and Mille Lacs Band
Date enacted/published: August 18, 1998
Description:
Article describes the sentencing circles used by Mille Lacs County and the Mille Lacs Indian Reservation for certain criminal behavior. It has a step by step description of how it works.
For additional information contact:Corrina Sam or Terry Anfinson,
Anishinabe OIC
43408 Oodena Drive
Onamia, MN 56359; tel. (320) 532-4046
e-mail: anishinabeoic@citlink.net
Parties: Minnesota tribal courts, Minnesota courts
Date enacted/published: 2009
Description:
The New Face of Justice: Joint Tribal-State Jurisdiction written by Honorable Korey Wahwassuck, Leech Lake Tribal Court Judge describes dual or shared jurisdiction. Leech Lake and Cass County judges share jurisdiction in a Wellness Court. The article includes extensive history of state and tribal court relations and the reasoning behind the agreement between the Leech Lake Tribal Court and Cass County Court.
For additional information contact:Honorable Korey Wahwassuck
115 – 6th Street, Suite E
Cass Lake, MN 56633
218-335-4418
koreyw@paulbunyan.net
New Mexico
Parties: New Mexico tribal, New Mexico courts
Description:
This booklet developed by the Tribal-State Court Consortium and the New Mexico Court Improvement Project is intended to provide an overview of the terms of ICWA, the relationship of ICWA to the Adoption and Safe Families Act (ASFA), and other information about serving Indian children in New Mexico.
For additional information contact:Administrative Office of the Courts, 505-827-4800
Parties: New Mexico tribal courts, New Mexico courts
Date enacted/published: ongoing
Description:
The New Mexico Tribal Court Handbook was first developed by the Indian Law Section of the New Mexico Bar, and is now maintained online by the Tribal Law Journal, UNM Law School. It contains information on tribal courts within New Mexico for legal practitioners
For additional information contact:Managing Editor
Tribal Law Journal
1117 Stanford, NE Room #1222
Albuquerque, NM 87131
tlj@law.unm.edu
Parties: New Mexico tribal courts, New Mexico courts
Date enacted/published: November 2009
Description:
One of the initiatives of the New Mexico Tribal-State Consortium is to provide scholarships to tribal judges to attend the annual New Mexico annual judicial conclave. This supports the effort to foster and strengthen relationships. This publication is a report on the success of that effort.
For additional information contact:Kathy Spurgin
Statewide Program Manager
Administrative Office of the Courts
e-mail: aockbs@nmcourts.gov
phone: (505) 827-4808
North Dakota
Parties: North Dakota tribal courts, North Dakota courts
Date enacted/published: 1998
Description:
A Primer on Tribal Court Civil Practice writtenby B.J. Jones examines the current state of the law governing tribal court practice in North Dakota with an emphasis on the ever-changing civil jurisdiction rules governing tribal courts, an examination of full faith and credit between tribal and state courts as well as between tribal courts, and finally a review of recent federal legislative proposals which undoubtedly will impact tribal court civil practice.
For additional information contact:B.J. Jones
Tribal Judicial Institute
215 Centennial Drive, Stop 9003
O’Kelly Room 316
Grand Forks, ND 58202-9003
Phone: 701-777-6176
Jones@law.und.edu
South Dakota
Parties: South Dakota tribal courts, South Dakota courts
Date enacted/published: 2006
Description:
The South Dakota Supreme Court created the Equal Justice Commission to investigate, among other things, perceptions of unfairness in the state judicial system based on race, ethnicity, or minority status. Upon completion of its investigation, the Commission was required to submit a public report with recommendations to the South Dakota Supreme Court. The following is the Commission’s Final Report and Recommendations. The Commission conducted interviews and public hearings at fifteen sites across the state. These sites included eight Indian reservations and three penitentiaries, as well as the cities of Pierre, Rapid City, Sioux Falls, and Vermillion.
For additional information contact:State Court Administrator's Office
500 East Capitol Avenue Pierre, SD 57501-5070
605-773-3474
Washington
Parties: Washington tribal courts, Washington Courts
Date enacted/published: 2006
Description:
Randy A. Doucet, Chief Judge, Lummi Nation Tribal Court authored Domestic Violence and Tribal Courts, Chapter 14 of the Domestic Violence Manual for Judges (Washington), which provides key information on the process in Washington tribal courts as well as other helpful information on Washington tribes.
For additional information contact:The Administrative Office of the Courts
1206 Quince Street SE
P.O. Box 41170
Olympia, WA 98504-1170
Phone (360) 753-3365
Parties: Washington tribal courts, Washington courts
Date enacted/published: ongoing
Description:
Provides contact information and links to Washington tribal court websites. The Washington State Forum was one of the pilot forums to study jurisdictional conflicts in the state and recommend reforms. The Forum met four times commencing in March of 1990. The Tribal Court Handbook was one of their important projects. This website provides up to date information.
For additional information contact:The Administrative Office of the Courts
1206 Quince Street SE
P.O. Box 41170
Olympia, WA 98504-1170
Phone (360) 753-3365
Parties: Washington tribal courts, Washington courts
Date enacted/published: 2008
Description:
The Washington State Minority and Justice Commission 2007/2008 Report provides a general review of jurisdictional issues in Washington and a detailed discussion on full faith and credit. Tribal judges actively participate in State Minority and Justice Commission meetings. The Commission publishes annual reports. This one is highlighted due to the focus on tribal courts and full faith and credit.
For additional information contact:Washington State Minority and Justice Commission
Administrative Office of the Courts
Post Office Box 41170
Olympia, Washington 98504-1170
Phone: (360) 705-5327 (360) 705-5327
