The Tribal Law and Policy Institute (TLPI) in collaboration with the the Bureau of Justice Assistance (BJA) has developed a list of annotated subject matter resource lists for Tribal Justice Systems, specifically for CTAS Purpose Area 3 Tribal Justice System grantees.
For additional information on our webinars, please visit: WalkingOnCommonGround.org/resources/webinars/
Resource List: Case flow Management and Backlog
Resource List: Case flow Management and Backlog (PDF)
- Alaska Court Systems (Alaska.gov):
- Summary of Post-Pandemic Supreme Court Orders Continuing Beneficial Practices: This document includes four Alaska Supreme Court orders for best practices to improve access to justice post-pandemic.
- Canadian Action Committee on Court Operations in Response to COVID-19 (fja.gc.ca):
- Roadmap to Recovery: Orienting Principles for Reducing Court Backlog and Delays: This non-prescriptive guidance focuses on immediate strategies that could be implemented within existing resources and legal frameworks to control or alleviate backlog and delays in cases currently before the courts.
- Casey Family Programs (Casey.org):
- Backlog Reduction: Effective Strategies for Managing the Crisis (Nov 2017): This brief provides some effective strategies to handle backlog and addresses why it is important to do so.
- Center for Court Innovation (InnovatingJustice.org):
- Prosecutor-Led Diversion: A National Survey: The survey looks at how diversion programs offer the prospect of “off-ramping” suitable cases early in the court process resulting in increased case processing efficiency, and reduced court backlogs.
- Crest Advisory| Crime and Justice Specialist | United Kingdom (crestadvisory.com):
- Survive. Recover. Rebuild. Justice post Covid-19 (2021): This report contains five core recommendations to survive the crisis, recover and rebuild the criminal justice system.
- DivorceAdvised (DivorceAdvised.com):
- Randall O. Delgado, The Impact of Mediation on Court Backlogs: A Comparative Analysis (2024): This article explores how mediation can impact court backlogs through a comparative analysis of traditional court processes and mediation.
- House of Commons Committee of Public Accounts (Parliament.uk):
- Reducing the Backlog in Criminal Courts (Session 2021-22): The report includes recommendations on reducing backlog, and the implications caused by not doing so.
- Legal Bites (legalbites.in):
- The Burden of Backlog of Cases: Reforms and Measures (2020): This article looks upon the potential for clearing up the backlog of cases which has become the “Achilles heel” of the Judiciary.
- Louisiana Supreme Court (lasc.org):
- Handling Case Backlog and Post-Pandemic Docket Management: A Resource Provided by the Louisiana Supreme Court with assistance from Louisiana Judicial Partners (March 2021): This resource is a response to a request for suggested practices that will minimize delays and address the case backlog.
- National American Indian Court Judges Association (NAICJA)(naicja.org):
- Pandemic Resources for Tribal Courts | NAICJA : This is a link to other resources provided by NAICJA to address pandemic and post-pandemic tribal court needs.
- National Center for State Courts (NCSC)(ncsc.org):
- Alternative Court Hours Toolkit (March 2023): This toolkit provides an aid in expanding access to the courts by providing alternative hours of operation.
- Caseflow Management Resources | NCSC : This resource provides information on caseflow management and provides links to further information.
- 50 Years of Caseflow Management – What Have We Learned: This webinar discusses caseflow management and best practices over time.
- Caseflow Management – The Next Generation: This webinar discusses caseflow management and the growing call for courts to approach caseflow management through the user’s point of view (i.e., person-centered).
- Court Management and Performance on Vimeo (Includes various webinars on Backlog Reduction): These video resources address court management, as well as backlog reduction.
- Twelve Essential Steps to Tackle Backlog and Prepare for a Surge in New Civil Cases: A Pandemic Resources from CCJ/COSCA (July 2020): This resource provides tips on using resources wisely and working efficiently without compromising access to justice or jeopardizing critical and well-established principles of procedural fairness.
- Civil Justice Initiative: Best of the Best Civil Justice Resources: Caseflow Management: This link includes access to other resources related to court management including caseflow management and includes reports, articles, and videos.
- National Study Finds Expedited Action Rules Can Ease Civil Case Backlogs | NCSC: In its report, agencies found that rules adopted by the Supreme Court of Texas in 2012 have expedited the resolution of cases.
- Civil Justice Initiative: A Renewed Analysis of the Expedited Action Rules in Texas Courts (March 2023): The report addresses how the expedited action rules in Texas were intended to increase access to justice in simple civil cases by addressing the duration, cost, and degree of conflict in discovery; addressing the costs associated with mediation; lowering times to disposition; and decreasing the overall length of trials in civil cases.
- Trial Court Performance Measures | CourTools: This resource explores measures for court performance including court case management.
- National Judicial College (NJC)(judges.org):
- Caseflow Management Report: The Caseflow Management Consortium a 21st Century Idea to Achieve Sustainability: This report addresses issues identified as impacting case flow management, it focuses on the creation of the Consortium and potential issues that the Consortium could address in this regard.
- New York Courts (nycourts.gov)
- New ADR Initiative Aims to Reduce Case Delays and Enhance Access to Justice: This Press Release discusses how an Alternative Dispute Resolution initiative can assist with backlog.
- State of Texas (txcourts.gov)
- Best Practices to Address Backlog Due to Inability for Courts to Operate During Closure and In-Person Hearings: The report gives recommendations intended to provide “Best Practice” solutions as courts begin efforts to address the backlog created by the COVID-19 pandemic.
- Tribal Law and Policy Institute (TLPI)(home.tlpi.org):
- COVID -19 Resources | Courts, Court Staff & Legal Resources: TLPI launched an Indian Country COVID-19 (Coronavirus) Resources Page with links to information and resources concerning relevant tribal, federal, and state issues, initiatives, and resources for effectively addressing the COVID-19 pandemic in American Indian and Alaska Native communities. This subpage serves as a clearinghouse of relevant court and legal resources.
Resource List: Court Safety and Security
Resource List: Court Safety and Security (PDF)
- Bureau of Justice Assistance (BJA)(bja.ojp.gov) :
- Trial Court Performance Standards with Commentary: This publication presents 22 standards for trial court performance and provides substantive commentary on the rationale for each standard. It also includes an overview of the measurement system.
- Crest Advisory| Crime and Justice Specialist | United Kingdom (crestadvisory.com):
- Conference of Chief Justices (CCJ) (ccj.ncsc.org) and Conference of State Courts Administrators (COSCA)(cosca.ncsc.org):
- Court Security Handbook Ten Essential Elements for Court Security and Emergency Preparedness: This handbook is based on an analysis of a survey of states to determine the security needs of state courts and to identify effective practices in the area of court security.
- Cybersecurity and Infrastructure Security Agency(CISA)(cisa.gov):
- Active Shooter Preparedness Products and Resources: This is a series of materials to assist businesses, government offices, schools, and communities in preparing for and responding to an active shooter incident.
- Planning and Response to an Active Shooter: An Interagency Security Committee Policy and Best Practices Guide (cisa.gov): This document outlines and updates policy requirements for the development and review of an active shooter preparedness plan, along with the training and exercise(s) necessary to support that plan.
- Active Shooter Emergency Action Plan Template: This is an actual fillable template an agency can use to create their EAP for an Active Shooter incident.
- Federal Emergency Management Agency (FEMA)( fema.gov):
- Active Shooter, Targeted Violence and Mass Casualty Events: These are interactive web-based courses in five areas of training for these types of events.
- National Center for State Courts (NCSC)(www.ncsc.org):
- Court Security and Emergency Preparedness: This is a link to a list of services to help courts improve their security and emergency preparedness posture.
- Steps to Best Practices for Court Building Security (Revised June 2022): This revised report has evaluated court security in terms of “best practices” – guidelines describing those security measures that should be in place concerning a comprehensive set of topics on court buildings and court operations.
- Personal Safety Tips for Judges and Court Staff: This article addresses precautions Court personnel should adhere to for safety and security on and off the job.
- Remote Conferencing Tips and Security Guides: A Pandemic Resource from NCSC: A guide to help courts and users get online and participate securely in hearings.
- Courthouse Planning and Security Webinar: This webinar addresses key tips in security and planning a court facility.
- The Courthouse: A Guide to Planning and Design | Security | Court Facility Planning: This resource includes links to other aspects of courthouse security topics and publications to be considered when planning and designing a court facility.
- National Center for State Courts | Center for Jury Studies | Jury News: “Court Security Includes Jurors, Too”, The Court Manager, Volume 24, Issue 1, 60-62: This column focuses on basic security measures that courts should have in place to secure the safety and integrity of jurors.
- National Council of Juvenile and Family Court Judges (NCJFCJ)(ncjfcj.org):
- What Should Tribal Court Judges Know About Domestic Violence in Child Welfare and Custody Matters?” A tip sheet on understanding domestic violence in custody cases.
- What Should Tribal Judges and Tribal Leaders Know About Being a Trauma-Informed Court?: A tip sheet on understanding trauma and implementing trauma-informed considerations into handling of court cases.
- National Criminal Justice Training Center (NCJTC) of Fox Valley Technical College(ncjtc.fvtc.edu):
- List of Court Safety Trainings: This list includes several training courses focused on safety and best practices.
- When Court Security is Not Enough: A brief outline for managing safety risks for courts and court personnel and resources.
- US Department of Homeland Security (DHS)(dhs.gov):
- Emergency Action Plan Active Shooter Preparedness: This guide is a learning tool that describes the fundamental concepts of developing an Emergency Action Plan (EAP) for an active shooter scenario and provides resources for planning.
- US Department of Interior Indian Affairs (BIA)(bia.gov):
- Tribal Court Assessments | Indian Affairs: The BIA does assessments, which are based on Trial Court Performance Standards thatare modified for tribal courts. The assessment is a tool that assists the tribal court with creating an Operational Strategic Plan for their justice system.
- U.S. Department of Justice, Office of Justice Programs (OJP)(ojp.gov):
- Court Security – A Manual of Guidelines and Procedures: This manual provides guidance on developing a security program, procedures, and a bailiff’s manual.
- US Department of Labor(DOL)(dol.gov):
- Workplace Violence – Overview | Occupational Safety and Health Administration: This is a link to a website that provides information on the extent of violence in the workplace, assessing the hazards in different settings and developing workplace violence prevention plans for individual worksites.
Resource List: Peacemaking and Restorative Justice
Resource List: Peacemaking and Restorative Justice (PDF)
- Alaska Tribal Justice Resource Center (atjrc.org):
- Circle Peacemaking: This site has links to other agencies and organizations that work with peacemaking and restorative justice practices including: Organized Village of Kake; Kenaitze Indian Tribe; Indigenous Peacemaking Initiative; and Circle Peacemaking Resources. Included are handbooks, codes, guidelines, and other useful tools and training.
- Alberta Views (albertaviews.ca):
- Norma Large, Healing Justice at the Tsuu T’ina First Nation’s Peacemaker Court (2001), Alberta Views: This article highlights the Tsuu T’ina First Nation Peacemaker Court and how they threw out punitive justice and restored the ancient tradition of speaking to one another. The primary objective is to make peace between the victim, wrongdoer, and the community, using traditional values and beliefs of the Tsuu T’ina people.
- Bureau of Justice Assistance (BJA) (bja.ojp.gov):
- Repairing Harm Through Community Dialogue | Justice Matters Newsletter: This article focuses on uses restorative justice to keep youth and young adults out of the criminal justice system entirely—an approach they call “restorative justice diversion”—with a goal of ending the cycle of repeated incarceration in communities of color.
- Chickasaw Nation (Chickasaw.net):
- Chickasaw Nation, Title 5, Chapter 14: Peacemaking Court Act of 2003: This document is the Title 5: Courts and Procedures Tribal Code for Chickasaw Nation, Chapter 14 is the Code for the Peacemaking Court (Nanna alphi’sa ishtaa-asha ikbi) also known as the Peacemaking Act of 2003.
- Chitimacha Tribe of Louisiana (Chitimacha.gov):
- Chitimacha Tribe of Louisiana, Title I-A-Chitimacha Peacemaker Court (1989): This document is the Tribal Code for the Chitimacha Peacemaker Court.
- International Institute for Restorative Practices (iirp.edu):
- Restorative Practices: Explained | Restorative Practices: This site provides information and resources on restorative practices.
- The Dynamics of Navajo Peacemaking: This article by James Zion, explains the traditional Navajo justice process using social psychology and Navajo discourse.
- Keex’ Kwann Judicial Peacemaking Code Organized Village of Kake (kake-nsn.gov):
- Organized Village of Kake, Keex’ Kwanan Judicial Peacemaking Code, Chapter 1-4: This link is to the Peacemaking Code for the Organized Village of Kake, Alaska.
- Little Traverse Bay Bands of Odawa Indians (ltbbodawa-nsn.gov):
- Little Traverse Bay Bands of Odawa Indians, Mnodaawin Peacemaking Program Orientation Manual (2007): This manual was prepared as resource for everyone involved with the Mnodaawin program of the Little Traverse Bay Bands of Odawa Indians: the referral sources, juveniles and their families, volunteer Facilitators, members of the Mnodaawin Advisory Committee, Circle Participants, program staff, the Judiciary, and others. The manual brings together in one binder most of the information needed to acquire a basic understanding of the program, as well as take part in it.
- Marquette Law School Andrew Center for Restorative Justice (law.marquette.edu):
- Morning Session: 2023 Restorative Justice in Indian Country The Andrew Center for Restorative Justice at Marquette University Law School hosted a one-day conference: Restorative Justice in Indian Country: Speaking the Truth, Instilling Accountability, and Working Toward Healing. This is a virtual recording of their morning session which includes their opening and welcome ceremony, key note speakers, and a panel session. In 2021, Marquette University Law School established the Andrew Center for Restorative Justice. The Andrew Center is intended to continue into the future the work of the Hon. Janine P. Geske, former justice of the Wisconsin Supreme Court, who led the Law School in establishing its former Restorative Justice Initiative in 2004.
- National American Indian Court Judges Association (NAICJA)(naicja.org):
- Mississippi Band of Choctaw Indians: Peacemaking Court | NAICJA This video discusses the Peacemaking Court of the Mississippi Band of Choctaw Indians, which addresses a range of tribal issues.
- 2018 NAICJA Conference: “I’m Sorry”: The Building Blocks of Sacred Healing Through the Use of Restorative Justice: Recording of 2018 NAICJA Conference session titled, “’I’m Sorry’: The Building Blocks of Sacred Healing Through the Use of Restorative Justice” presented by Jean Howley on October 17 ,2018 in Albuquerque, NM. This session discusses the use of restorative justice and the healing power of apology and changed behavior.
- National Association of Community and Restorative Justice (NACRJ)(nacrj.org):
- Policy & Legislation – NACRJ: The NACRJ Policy and Legislation page contains current and historical information relating to national and state legislation impacting, or specific to, community and restorative justice.
- National Center on Restorative Justice (NCORJ) (ncorj.org):
- Intro to Restorative Justice Webinar Series: In 2022, the NCORJ Training Division partnered with the National Association of Criminal Defense Lawyers (NACDL) to deliver an “Intro to Restorative Justice” training to the Prince William County legal professionals. This is two-part webinar series webinars that address what restorative justice is and what it is not. It also addresses the difference between the traditional legal approach and a restorative approach to justice.
- Restorative Justice for Judges: This webinar was intended for justice system actors and others looking to learn about restorative justice principles and their relevant applications for judges. Current and former seated judges shared their experiences implementing restorative justice practices in their role and the effectiveness within the criminal legal system. Panelists also shared challenges and recommendations for system implementation.
- Restorative Justice for Police : This webinar introduced viewers to the key principles of restorative justice and ways of implementation for police officers. The panelists shared experiences and recommendations for police officers working in the criminal legal system that encourages self-reflection, engagement with the community members they serve, and strategies relevant to their direct role in the legal system.
- Restorative Justice in the Criminal Legal System: This webinar is on restorative justice in the criminal legal system. The webinar was intended for justice system actors and others looking to learn more about restorative justice approaches and how to incorporate them into the justice system.
- Restorative Justice for Prosecutors: This webinar is intended for justice system actors and others looking to learn about restorative justice practices and their relevant applications for prosecutors. Current and former prosecutors will share their experiences diverting legal cases from the traditional system and collaborating with community-led programs and partners.
- Restorative Justice for Reintegration & Reentry :This webinar introduced participants to restorative justice strategies to support reintegration following incarceration. The panelists discussed what specifically characterizes a restorative approach to reintegration support and the possibilities and challenges in expanding these models.
- National Criminal Justice Training Center (NJTC) (ncjtc.fvtc.edu):
- NCJTC – Restorative Justice Resources: This link accesses videos, publications and documents related to restorative justice and practices.
- National Judicial Center (NJC) (judges.org:
- Justice In a Circle: How a Peacemaking Court Works This article highlights the Pechanga Band of Luiseno Mission Indians Peacemaking Court.
- Native American Rights Fund (NARF) (narf.org):
- National Indian Law Library | Research Guides: Peacemaking and Conflict Resolution | Indigenous Native American Peacemaking: That page includes an extensive list of articles, books, and other resources on the various forms of indigenous peacemaking and conflict resolution throughout the United States and internationally.
- Bruce E. Barnes, An Overview of Restorative Justice Programs (2013), University of Hawaii: This article synthesizes some of the history and development of the field from the author’s viewpoint as a conflict resolution, mediation, facilitation and restorative practices researcher and practitioner based at University of Hawai’i.
- About Peacemaking | Indigenous Peacemaking Initiative | NARF: Peacemaking continues to evolve and takes many forms as each tribe or community establishes and develops a program that is true to its cultural beliefs.
- National Indian Law Library Archived Conference Materials: Traditional Peacemaking (October 6-7, 2014; Tulsa/Catoosa, Oklahoma): The Native American Rights Fund Indigenous Peacemaking Initiative has worked closely with the National Indian Law Library to create an informational page on Peacemaking. This page includes an extensive list of articles, books, and other resources on the various forms of Indigenous justice throughout the United States as well as Internationally.
- Organized Village of Kake| Kake Circle Peacemaking Handbook (2005): This manual was created in collaboration with the Organized Village of Kake Peacekeepers and the Alaska Native Justice Center and describes the history of the Kake Circle Peacemaking and provides step-by step guidance for determining whether this approach is right for your community and the practical steps necessary to make it happen. The appendices include forms and the more routine documents necessary for success. Throughout the text, you’ll also find quotes and comments that illustrate the impact Kake Circle Peacemaking has had on those who have experienced its success first-hand.
- Organized Village of Kake Circle Peacemaking – Indigenous Peacemaking Initiative: This video discusses the Circle Peacemaking process used by the Organized Village of Kake. There are also other resources linked to this site including the Keex’ Kwaan Judicial Peacemaking Code of the Tribal Court of the Organized Village of Kake, and additional resources.
- Barbara Smith and Jason Burwell, Peacemaking: A Way of Life (2007), Chickasaw Nation: This publication discusses the peacemaking process at the Chickasaw Nation. It includes documents, sample court order templates, and the Tribal Code.
- Pokagon Band of Potawatomi – Native Justice Program – Indigenous Peacemaking Initiative: This video discusses the Native Justice Program of the Pokagon Band of Potawatomi, and provides links to other resources including their website, and upcoming events.
- Tribal Peacemaking Laws – Indigenous Peacemaking Initiative: The Indigenous Peacemaking Initiative highlights several Tribal codes and ordinances from various Tribal Nations, including youth and family peacemaking laws.
- Indigenous Peacemaking Initiative and the Stanford Native American Cultural Center Collaboration Video: For several years, NARF’s Indigenous Peacemaking Initiative (IPI) has worked closely with Stanford University’s Native American Community Center to help create peacemaking educational programming at Stanford, which in turn has helped IPI build on its own educational abilities. This video was produced at Stanford to help highlight how the project developed, some of its impacts, and to showcase a few of the many students who have helped and learned along the way.
- Northern Arapaho Tribe (northernarapaho.com):
- Northern Arapaho Tribe, Title 7: Peacemaker Code Chapters 1-7 (2016): This document is the Peacemaker Code for the Northern Arapaho Tribe.
- Pokagon Band of Potawatomi (pokagonband-nsn.gov):
- Pokégnek Bodéwadmik Pokagon Band of Potawatomi Tribal Courts | Native Justice Resources: This link provides links to other resources on peacemaking and native justice including websites, books, articles, and Tribal codes.
- Native Justice – Pokagon Band of Potawatomi: This link is to the Tribe’s website and discusses what Native Justice is and how it is used within the Tribe. There are other resources listed at the bottom of the site as well.
- The Center for Court Innovation (innovationjustice.org):
- Inspired by Peacemaking: Creating Community-Based Restorative Programs in State Courts an Implementation Guide: Some of the programs discussed in this guide have been inspired by Native peacemaking and employ traditional Native peacemakers in their training and implementation. In no way are these programs considered replications of Native peacemaking. Rather, they represent sincere attempts to learn from Native American traditions to improve the resolution of controversies in state court systems. In using this guide, it is important to be mindful of the history, traditions and culture that underlie these concepts and their significance to their home communities. This guide is a way to continue to build bridges across communities and promote wellness and healing in communities.
- The Resource Basket (resourcebasket.org):
- Circle Keeper Training: The goal of this training is to provide a three-day interactive and informational presentation on Circle Peacemaking. The training will familiarize participants with the role of Circle Keeper – the facilitation of Talking Circles with the purpose of creating an environment and the opportunity to discuss important and sometimes difficult things in a good way. Participants will learn and share the intentions, philosophies, and styles of different approaches to using a Circle for restorative practices in two tracks: tribal courts and tribal youth programs.
- ScholarWorks at University of Alaska Fairbanks (scholarworks.alaska.edu):
- Circle Peacemaking in Kake, Alaska: A Case Study of Indigenous Planning and Dispute Systems Design: This study adds to the growing field of Indigenous Dispute Systems Design derived from the principles and steps used in the practice of Indigenous Planning (IP) and Dispute Systems Design (DSD). DSD is a discipline practiced by attorneys and mediators when designing dispute resolution systems, such as mediation and arbitration, within organizations and communities. This study explores the resurgence of traditional knowledge and practice as a foundation for community wellness in Kake.
- SSRN | UCLA School of Law (ssrn.com):
- Lauren van Schilfgaarde, Restorative Justice as Regenerative Tribal Jurisdiction, 112 CA. L. Rev. 103, UCLA School of Law, Public Research Paper No. 23-21 (2023): This Article reveals how restorative justice offers opportunities to “Indigenize” Tribal systems while also reclaiming jurisdictional powers, for the benefit of Tribes and Tribal members, alike.
- Tanana Chiefs Conference (tananachiefs.org):
- Tribal Court and Governance: The TCC assists tribes in strengthening their governments and exercising their sovereign rights via training and technical assistance on constitution, code, and written policy development, elections, tribal land management, tribal-state relations, tribal court development and facilitation, circle peacemaking, and tribal enrollment.
- Tribal Judicial Institute, University of North Dakota School of Law (law.und.edu):
- Debra Flute and Michelle Rivard Parks, No Peace Without Justice – 3rd Annual Peacemakers’ Gathering (2015) : This publication addresses and highlights examples of ways in which tribes have incorporated indigenous justice methodologies into modern day tribal justice systems.
- Michelle Rivard Parks, 2nd Annual Peacemakers Gathering – Preserving Tribal Justice Through Indigenous Peacemaking: Executive Summary (2008): This publication looks at the 2nd Annual Peacemakers Gathering including planning, background, conference goals, highlights, and sessions summaries. By employing traditional dispute resolution methodologies and philosophies, many tribes are finding that they can resolve conflict in a manner that is sustainable, meaningful and perhaps most importantly, a manner in which peace is restored to individuals and where individuals are reconnected to the community.
- Tribal Access to Justice Innovation (tribaljustice.org):
- A Guidebook on Innovative and Promising Practices in Indian Country: This guidebook focuses on 10 areas of justice system practice where tribal justice practitioners have responded to community problems using both innovative and traditional strategies. After describing each of the 10 topic areas and providing information about how to implement these strategies, the guidebook offers examples of programs and practices that tribes are currently using. For more detailed information about these programs, and for additional examples of similar work, please visit www.tribaljustice.org.
- Tribal Law and Policy Institute (TLPI) (home.tlpi.org) | Tribal Court Clearinghouse(tribal-institute.org):
- Traditional Law Resources : This page contains links to information and resources concerning tribal custom and tradition, traditional law, traditional methods of dispute resolution, and other related issues.
- Lauren van Schilfgaarde and Brett Lee Shelton | Using Peacemaking Circles to Indigenize Tribal Child Welfare, Columbia Journal of Race and Law, Volume 11, No. 3, (2021): This law review article outlines the ways in which the modern tribal child welfare system has been structured to compartmentalize families and perpetuate historical federal policies of Indian family separation. This article then suggests that circle processes are a framework for re-Indigenizing the Tribal child welfare system to not just improve outcomes (for which it has the potential to do), but to also honor the interconnected, responsibility oriented worldview of Indigenous communities.
- Tribal Legal Code Resource: Juvenile Justice | Guide for Drafting or Revising Tribal Juvenile Delinquency and State Offense Laws (2022): This resource is designed to assist tribal governments with creating, re-evaluating, and strengthening their juvenile codes. This resource was written and updated with the belief that tribal governments are increasingly reassuming responsibility for their youth and are determined to ensure Native youth benefit from responsible guidance. Overall, it was developed to provide a starting point for tribal governments to reference when drafting or revising statutory language pertaining to juvenile offenses.
- Ada Pecos Milton, Indigenous Justice Systems and Tribal Society: This article highlights the differences between the American legal system vs. the indigenous justice philosophy, including customary laws, traditions, and other practices that are culturally relevant. It discusses the holistic and restorative aspects and concepts traditionally used by Tribes to address issues in tribal communities. At the time this article was published, Ada Pecos Melton was the director of the American Indian and Alaskan Native Desk at the Office of Justice Programs, U.S. Department of Justice. She is now president of American Indian Developments Associates in Albuquerque, New Mexico.
- Matthew Fletcher, Rethinking Customary Law in Tribal Court Jurisprudence, Michigan State University College of Law, Indigenous Law and Policy Center Working Paper 2006-04 (2006): This publication by Matthew L.M. Fletcher, attempts to provide an adequate theory as to how tribal judges should find and apply customary law on a normative level.
- Corey Vicenti, The Reemergence of Tribal Society and Traditional Justice Systems: This article by Carey Vicenti, addresses how in their efforts to establish tribal culture, Indian tribes are relying on the restoration of traditional forms of adjudication.
- James Zion, Indian Tradition and Custom in Adjudication under Rules of Evidence: This article by James Zion, addresses how tribal courts receive evidence of Indian tradition and custom under rules of evidence, discusses the definition and nature of tradition and custom in court settings, and their recognition as a legitimate form of law.
Resource List: Self-Help for Pro Se Defendants
Resource List: Self-Help for Pro Se Defendants (PDF)
- Alaska Native Justice Center (anjc.org):
- Clinics for Family Justice | Alaska Native Justice Center: This is for the Alaska Native Justice Center (ANJC)’s pro se legal clinics. Their virtual and in-person clinics place knowledge in the hands of participants and supports them in effectively advocating on their own behalf. ANJC offers pro se legal clinics to Alaska Native and non-Native people needing assistance in the state of Alaska. The virtual clinics for Winter/Spring 2024 are: Divorce/Divorce with Custody, Child Custody for Unmarries Couples, Domestic Violence Protective Order (DVPO) Clinic, and Stalking.
- Arizona State University Sandra Day O’Connor College of Law (asucollegeoflaw.com):
- Indian Legal Clinic Archives – Indian Legal Program: This site provides information about the Legal Clinic Program at Arizona State University. The Sandra Day O’Connor College of Law, renamed for the retired U.S. Supreme Court Justice in 2006, is pursuing a bold and transformative model for public legal education and is dedicated to making the law school a valuable resource for addressing major regional, national, and international problems of law and public policy. The Indian Legal Program trains students to effectively engage the representation of Native peoples and seeks to promote an understanding of the differences between the legal systems of Indian Nations and those of the state and federal governments.
- Bureau of Justice Assistance (BJA) (bja.ojp.gov):
- Tribal Civil and Criminal Legal Assistance (TCCLA) Program : This is a link to The Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) site for funding opportunities. The TCCLA program provides legal aid and indigent defense to low-income individuals and Indian tribes and provides training and technical assistance to grantees and interested Indian tribes to support the goals above.
- Fort Peck Assiniboine and Sioux Tribes (fptc.org):
- Public Defender Program — Fort Peck Tribal Court: This site is for the Tribe’s Public Defender Program as well as provides printable files such as a brochure, policy guidelines, and an application for services.
- National American Indian Court Judges Association (naicja.wildapricot.org):
- Emerging Practices in Tribal Civil and Criminal Legal Assistance (November 2016): This report intends to share the tribal justice systems and legal aid organizations that model emerging and innovative programs serving tribes around the nation with the goal of 1) acknowledging excellence; 2) spreading knowledge and expertise among tribal courts; 3) building court capacity and innovation; 4) improving court services to low-income clients; and 5) bringing justice and fairness to all citizens in Indian Country and Alaska Native villages.
- Collateral Consequences Infographics: Using two infographics, these publications are intended to provide general information about collateral consequences that result from convictions and/or incarceration. These publications should be used as the first general step on the path to identifying specific solutions to collateral consequences in tribal communities.
- Seeking Assistance to Address Collateral Consequences: An infographic listing multiple resources dedicated to helping individuals deal with collateral consequences after cycling through the tribal justice system.
- Tribal Initiatives: Tribal Public Defense and How to Use Existing Resources to Provide Holistic Defense in Tribal Communities Webinar (wildapricot.org): A webinar held on January 13, 2015, on tribal public defense and how to use existing resources to provide a holistic defense in tribal communities.
- National Center for State Courts (ncsc.org):
- Best Practices for Creating Legal Self-Help Materials (March 2023): This guide highlights best practices for creating and assessing self-help materials.
- Nonlawyer Navigators in State Courts – Voices from the Field: In this webinar, Georgetown Justice Lab Senior Fellow Mary McClymont discusses emerging trends across the country from her report, Nonlawyer Navigators in State Courts: Part II An Update, and a panel of experts who run navigator programs also discusses how they leverage nonlawyers to provide essential services to court users and best practices in launching and evolving court-based navigator programs.
- Unlocking Justice: Essential Guides to Navigating the Legal System | NCSC: This series of videos is designed to educate the public with knowledge about the legal system. From decoding court jargon to understanding civil and criminal cases, these videos aim to demystify legal procedures and provide essential tips for navigating the court system. Learn what to do after being served court papers, how to file a motion, and gain insights into small claims court. Discover the difference between legal information and legal advice and explore key terms in court cases. These videos provide invaluable resources for both the public and the courts.
- Nationwide Court-Based Self-Help Centers: National Survey Findings, Recommendations, and Best Practices (July 2023): This publication is a summary of findings and recommendations based on a 2022, national survey of court-based self-help center programs conducted by the National Center for State Courts (NCSC) and Massachusetts Appleseed Center for Law and Justice.
- Self-Help Friendly Court: Designed from the Ground Up to Work for People Without Lawyers – Access & Fairness: This book is an attempt to take a broad overview of the many results of the self-help process and the impact on unrepresented litigants. It poses the question how one would build a courthouse environment, from physical structure to procedures and services, that takes advantage of every possible innovation.
- Gender-Inclusive Language in the Courts: How to Communicate with Fairness, Dignity, Impartiality, and Accuracy: This toolkit will inform courts on what they can do now to make all court users feel safe, seen, and heard in court proceedings. There is a need to update gendered language to be gender inclusive and this should be a priority area of focus for courts to ensure accuracy, impartiality, and public trust in.
- Self-Help for Self-Help Centers – Not Your Average Self-Help Center: In this webinar, an expert panel explores innovative approaches, mobile and virtual programs, and alternative service delivery models and strategies redefine the self-help center landscape.
- Self-Help for Self-Help Centers – The Fundamentals – Access & Fairness: In this webinar, panelists share the fundamental components needed to run an effective court-based self-help center.
- Self-Help for Self-Help Centers – Level Up – Access & Fairness: In this webinar discover effective strategies and insights to elevate your self-help center, guided by the latest national survey findings and best practices.
- National Criminal Justice Association (ncja.org):
- Defender Initiatives in Indian Country Webinar (PowerPoint Presentation): This webinar discusses public defender initiatives in Indian Country.
- Supporting Indigent Defense Programs During Times of Crisis: This video addresses indigent defense programs and the need for support especially during crisis or other situations that affect tribes negatively such as during a pandemic or post-pandemic.
- Pine Tree Legal Assistance (ptla.org):
- A Self-Help Guide to The Tribal Court System | Pine Tree Legal Assistance: This article was written by Chief Tribal Judge Gary Grow in 1996 and was designed to provide a guide to any individual who has the occasion to appear in the Penobscot Tribal Court in connection with a Civil (any non-criminal) matter.
- All Court Forms | Pine Tree Legal Assistance: These forms cover a variety of legal matters in tribal court from civil to criminal, including e-service notice, summons, as well as many other topics.
- Safety and Justice Challenge (safetyandjusticechallenge.org):
- Over-Incarceration of Native Americans: Roots, Inequities, And Solutions (2022): This report was created with support from the John D. and Catherine T. MacArthur Foundation as part of the Safety and Justice Challenge, which seeks to reduce overincarceration by changing the way America thinks about and uses jails. Core to the Challenge is a competition designed to support efforts to improve local criminal justice systems across the country that are working to safely reduce over-reliance on jails, with a particular focus on addressing disproportionate impact on low-income individuals and communities of color.
- Seattle University School of Law— American Indian Law Journal (law.seattleu.edu):
- Smith, Gregory D. J.D., “A Streamlined Model of Tribal Appellate Court Rules for Lay Advocates and Pro Se Litigants,” American Indian Law Journal: Volume 4: Issue 1, Article 4 (2015): This Article proposes a streamlined model of tribal appellate court rules for lay advocates and pro se litigants. The proposed rules are intended as a supplement to pre-existing formal appellate rules that apply a “level playing field” to all litigants, irrespective of whether an attorney is involved or not.
- State of Colorado (state.co.us):
- Colorado Judicial Branch – Self Help Resources and Forms: This site includes forms, instructions, a glossary of terms, and other resources.
- Tribal Access to Justice Innovation (tribaljustice.org):
- Navajo Nation DNA People’s Legal Services – Tribal Justice: DNA People’s Legal Services provides free, culturally appropriate, civil legal services in tribal, state and federal courts to qualifying low-income residents living in geographically isolated portions of Arizona, Utah and New Mexico. DNA is an acronym for a Navajo phrase that translates to “attorneys who work for the revitalization of the People”.
- United States Department of Justice (justice.gov)
- Tribal Criminal Defense Federal Resource Guide (justice.gov): This resource publication is to provide an overview of grants, training, technical assistance, and other resources provided by the federal government that may be of particular interest to tribal criminal defense and delinquency representation provider.
Resource List: Tribal Appellate Court
Resource List: Tribal Appellate Court (PDF)
- Alaska Tribal Justice Resource Center (atjrc.org):
- Sample Judicial Code: Alaska Tribe (with Tribal Court of Appeals): This sample code can be modified to fit specific tribal court needs, including the structure of tribal court and appellate courts.
- Appellate Courts: How to Ensure a Fair and Impartial Tribunal: This PowerPoint focuses on appellate courts and how a tribe can be designed to ensure fair and impartial processes that enhance due process and tribal values.
- American Bar Association (americanbar.org):
- Publications: This is a link to ABA resources for judges in general as well as appellate resources including Appellate Issues, a publication of the Council of Appellate Lawyers.
- Appellate Judges Conference: The Appellate Judges Conference (AJC) is the Judicial Divisions home to state and federal appellate judges, appellate staff attorneys, and appellate lawyers dedicated to an efficient and independent judiciary.
- The Judges’ Journal, “Tribal Courts”, Volume 59, Number 2 (May 2020): This is a resource of other publications and articles related to tribal justice.
- Confederated Salish & Kootenai Tribes of the Flatbed Reservation Appellate Court (csktribes.org):
- Appellate Court: This is a link to the Tribe’s appellate court and other resources including opinions and rules of procedure.
- LibGuides at Brooklyn Law School (BrookLaw.edu):
- Tribal Court Decisions – Native American Law – LibGuides at Brooklyn Law School: A research guide to support Native American Law including publicly accessible Tribal Court appellate decisions and other publications.
- National Conference of Appellate Court Clerks (appellatecourtclerks.org)
- Appellate Court Web Sites – National Conference of Appellate Court Clerks: The site contains useful information such as opinions, argument schedules, and order lists, as well as information about the appellate court justices and procedure.
- National Tribal Judicial Center | Appellate Skills for Tribal Judges (judges.org):
- Additional Tribal Course Topics – The National Judicial College: Catalog of educational training courses for Tribal Court Judges.
- Northwest Intertribal Court System (NICS) (www.nics.ws):
- Northwest Intertribal Court System – Tribal Appellate Court Opinions: This is a link to a website that Tribal Court Appellate Opinions from various tribes, and code publishing.
- Seattle University School of Law— American Indian Law Journal (digitalcommons.law.seattleu.edu/ailj):
- Smith, Gregory D. J.D., “A Streamlined Model of Tribal Appellate Court Rules for Lay Advocates and Pro Se Litigants,” American Indian Law Journal: Volume 4: Issue 1, Article 4 (2015): This Article addresses some of these problems by proposing rules, giving examples of how an appeal brief should look, and defining key terms the non-lawyer will encounter during the tribal court appeals process.
- Southwest Intertribal Court of Appeals (SWITCA) (ailc-inc.org/our-work/switca):
- Southwest Intertribal Court of Appeals (SWITCA) | American Indian Law Center, Inc. (AILC): SWITCA is an impartial appellate court forum for the review of tribal court decisions. It also provides training, technical assistance, legal research, and support services.
- SWITCA Rules of Appellate Procedure (SWITCARA): Provides links to several rules of procedure applying to various cases.
- Sample Resolution Authorizing the Southwest Intertribal Court of Appeals: Sample Resolution Authorizing the Southwest Intertribal Court of Appeals to act as the Tribal Court of Appeals
- SWITCA Self-Help Guide to Appeals from Tribal Court: This is a Self-Help Guide to Appeals from Tribal Court.
- SWITCA Reporter: A resource compilation of SWITCA judicial decisions.
- Tribal Law and Policy Institute( TLPI) (tribal-institute.org):
- Tribal Court Decisions: Resource of court decisions from various tribes and appellate courts, including opinions, orders, and precedent case law.
- Tulalip Tribes Appellate Court (tulaliptribes-nsn.gov):
- Tulalip Tribal Court || Home – General Court Info – Appellate Court: This is a link to the Tribal website describing the Tribe’s appellate process and appellate Court.
- Tulalip Tribal Court || Home – Forms and Filings – Court Forms: This is a link to the Tribal website and the forms used for appeals, as well as other court related forms.
- University of Minnesota Law School (https://law.umn.edu/):
- Tribal Law – American Indian Law Research Guide – Research Guides at University of Minnesota Law Library: This is a resource that includes books, articles, news, treaties, statutes, legislation, case law, and administrative law sources as well as other sources related to tribal law such as organizations and associations.
- University of South Dakota Knudson School of Law (usd.edu):
- Opinions by Tribal Court – Tribal Justice: 25 Years as a Tribal Appellate Justice – Frank Pommersheim – LibGuides at University of South Dakota School of Law: This is the web component for Professor Pommersheim’s most recent book, Tribal Justice: 25 Years as a Tribal Appellate Justice.
- University of Washington — Gallagher Law Library (law.UW.edu):
- Tribal Court Decisions – Indian & Tribal Law – University of Washington Law Library: Resources for researching Federal Indian Law and
Resource List: Tribal Code Development
Resource List: Tribal Code Development (PDF)
- Alaska Native Justice Center (anjc.org):
- Tribal Justice Support | Alaska Native Justice Center: Alaska Native Justice Center partners with Alaska Tribes to support their efforts to strengthen tribal sovereignty and justice and create and control tribal justice institutions. ANJC supports Alaska Tribes with developing and improving their Tribal justice systems to better serve and protect their communities. ANJC support Alaska Tribes with resource development including Alaska-specific victim-center model codes.
- Alaska Tribal Justice Resource Center (atjrc.org):
- Tribal Courts site: This page contains a list of resources that Alaska tribal justice system personnel may find useful. Samples of these codes and many other resources for tribal court development may be found on this website. We have organized tribal court information and links into a number of categories including tribal codes, constitutions, code drafting, and sample codes.
- Alaska Tribes (alaskatribes.org):
- Tribal Court Family Code Development: A Practical Guide | Alaska Legal Services: This PowerPoint is a practical guide to drafting code, and specifically addresses Tribal family code development and is presented by Alaska Legal Services.
- Chitimacha Tribe (chtimacha.gov):
- Chitimacha Peacemaker Court Code): This is a link to the Chitimacha Tribe’s Peacemaker Court Code.
- LibGuides at Brooklyn Law School (guides.brooklaw.edu):
- Tribal Codes, Constitutions and Bylaws – Native American Law Guide: Federal Indian Law & Tribal Law Materials – LibGuides at UCLA School of Law – Hugh & Hazel Darling Law Library: A link to multiple Tribal Courts with access to tribal codes, constitutions, court rules and other relevant information.
- National Congress of American Indians (ncai.org):
- Model Indian Juvenile Code (2016 Revision) | Center of Indigenous Research and Justice: This is a link to the 2016 revision of the Center of Indigenous Research and Justice’s Model Indian Juvenile Code.
- National Criminal Justice Training Center (fvtc.edu):
- Introduction to Tribal Legal Code Resource: Crimes Against Children- Guide for Drafting or Revising Tribal Laws on Crimes against Children | National Criminal Justice Training Center of Fox Valley Technical College, Tribal Law and Policy Institute, and Tribal Judicial Institute: This is a PowerPoint presentation guide for drafting or revising Tribal Laws on crimes against children.
- SORNA Webinar – Sex Offender Registration Code, Policy and Procedures, and Form Development :This is a PowerPoint presentation on Sex Offender Registration code, policy, procedures, and form development.
- National Tribal Judicial Center (judges.org):
- Additional Tribal Course Topics – The National Judicial College Courses include Tribal Code Development 1: TLOA, VAWA, and Non-Indians; Tribal Code Development 2: Writing and Amending Codes.
- Sample Tribal Code of Judicial Conduct (2007): This is a template to help you create a Code of Judicial Conduct for your tribal court.
- Draft-Expanded Model Tribal Commercial Driver’s License and Commercial Motor Vehicle Ordinance (September 2022): A draft template for drafting code, specifically regarding commercial drivers’ licensure in this case.
- Native American Rights Fund (narf.org)
- Tribal Law Gateway | National Indian Law Library | Native American Rights Fund (NARF): The Tribal Law Gateway allows tribes to find tribal codes, court opinions, and other legal materials by tribe. It has more than 100 tribal codes.
- Drafting Tribal Law & Model Codes | Tribal Law Gateway | National Indian Law Library | Native American Rights Fund: This is a link to resources and information on how to search the National Indian Law Library to find information about drafting tribal codes, including a link for a sample search, and information on finding materials and information on drafting tribal constitutions, compacts or agreements, and tribal court rules.
- Northwest Intertribal Court System (nics.org):
- Northwest Intertribal Court System Tribal Code Development: Links to several tribal codes, and information on how NICS offers code drafting and revision to member and non-member tribes.
- Organized Village of Kake (kake-nsn.gov):
- Keex’ Kwaan Judicial Peacemaking Code | Organized Village of Kake: This is the Organized Village of Kake’s Keex’ Kwaan Judicial Peacemaking Code that includes their court structure, court procedures, court of appeals, and their youth circle peacemaking.
- Tribal Law and Policy Institute (tlpi.org):
- Code Development | Tribal VAWA: Resources on code development, specifically regarding Tribal criminal jurisdiction over non-Indians, and Violence Against Women Reauthorization Act of 2022.
- Tribal Healing to Wellness Courts: Formalizing Healing to Wellness Courts in Tribal Law: This publication tracks the ways in which Tribes have drafted Wellness Courts into tribal law. Tribal Healing to Wellness Courts are restorative justice components of the Tribal Court. To the extent they operate a docket, adjudicate cases, and most critically, heal and restore members and the community, some Tribes have noted their existence in the Tribal code. Because each Tribe is structurally and culturally unique, there is no one correct way to promulgate a Wellness Court into Tribal law, or if that exercise is even necessary. This publication identifies the considerations for code drafting, identifies variations, and pushes Tribes to contemplate how the Wellness Court operates in relation to other parts of the Tribal judiciary and Tribal law.
- Legal Code Development Series | Tribal Law and Policy Institute: This link is to ten different publications and access to other resources to assist with code development.
- A Series on Tribal Code Development Part 1: This is the first of two webinars on tribal code development and specifically addresses an overview of code development.
- A Series on Tribal Code Development Part 2 Recording: This is the second of a series of webinars on tribal code development and specifically addresses incorporating tribal customs and traditions.
- A Series on Tribal Code Development Part 3 Recording: This is the third of a series of webinars on tribal code development and specifically addresses codes, policies, and protocols.
Resource List: Tribal Court Clerks, Court Administrators, and Judges
Resource List: Tribal Court Clerks, Court Administrators, and Judges (PDF)
- Alaska Tribal Justice Resource Center (atjrc.org):
- Tribal Courts: This link provides a list of resources that Alaska tribal justice system personnel may find useful. Samples of these codes and many other resources for tribal court development may be found on this website. We have organized tribal court information and links into a number of categories.
- Trauma Informed Tribal Justice Benchbook: This bench book covers a multitude of topics Tribal Courts and Justice Systems should consider including healing historical trauma, restoring the community, peacemaking, health and well-being, and includes opportunities for collaboration, and bench cards.
- Tribal Courts in Alaska: Opportunities for Healing (media): The film presents the application of restorative justice concepts in relation to tribal youth courts. Both panel and circle style hearings are modeled. The people interviewed in this film are extensively involved with tribal court development throughout Alaska. Tribal courts are an invaluable tool for addressing problems affecting Alaska Native people in healing and culturally relevant ways.
- Tribal Court Clerks: The Backbone of Tribal Justice Systems: This 35-minute training film covers tribal court development from the perspective of the tribal court clerk. It has a wealth of practical information for the roles and duties of clerks. Viewer audiences include clerks, judges, tribal staff, and those who interface with tribal justice systems.
- American Bar Association (americanbar.org):
- Model Code of Professional Responsibility: This publication is a Model Code of Professional Responsibility, consisting of three separate but interrelated parts: Canons, Ethical Considerations, and Disciplinary Rules. The Model Code is designed to be adopted by appropriate agencies both as an inspirational guide to the members of the profession and as a basis for disciplinary action when the conduct of a lawyer falls below the required minimum standards stated in the Disciplinary Rules.
- Model Rules of Professional Conduct – Table of Contents: This publication discusses rules for lawyers’ authority and responsibility as well as enforcement and discipline. The resource also includes podcasts.
- American Indian Law Clinic (ailc-inc.org):
- Tribal Court Clerk Training Fundamental Court Processes: This PowerPoint addresses fundamental processes a tribal court clerk should be aware of.
- Field of Tribal Courts (fieldoftribalcourts.com):
- Sample Tribal Court Clerk Job Description: This draft document is a sample job description for a Tribal Court Clerk.
- Coeur d’Alene Tribe (cdatribe-nsn.gov):
- Tribal Court Manager/Administrator: Job description for Tribal Court Manager/Administrator.
- National American Indian Court Judges Association (naicja.org):
- 2017 NAICJA Conference: Practical Advice for Tribal Court Clerks – National American Indian Court Judges Association: A webinar presentation for Tribal Court Clerks.
- NAICJA Tribal Court Guide to Judicial Clerkships: This Guide is primarily for tribal judges, justices, peacemakers, and other persons charged with resolving Indian country disputes, and for judges in our tribal justice systems who need support or more information on judicial law clerks. Judicial law clerks are different than court clerks because they perform a different set of tasks. There is also a flipbook version available.
- The Relationship Between a Tribal Court Administrator and Tribal Chief Judge – National American Indian Court Judges Association (naicja.org): A podcast discussion on the important connection between these two positions and the impact they have on the Tribal Court.
- National Center for State Courts (ncsc.org):
- Elements of Judicial Excellence: This publication is a framework designed to support the professional development of state trial court judges. It is intended as a resource for judges throughout their careers, as well as for court leaders, judicial educators, mentors, and others involved in judicial professional development.
- High Performance Court Framework: This site provides information that includes a series of flexible steps courts can take to integrate performance improvement into its ongoing operations. Taken together the steps form a functional system or quality cycle that courts can follow in enhancing the quality of the administration of justice.
- Elements of Judicial Excellence: A Framework to Support the Professional Development of State Trial Court Judges: This framework provides new and experienced judges with guidance about the general types of knowledge, skills, abilities, and other characteristics their respected peers view as helpful in pursuit of judicial excellence. It provides information court leaders can use when deciding how to structure judicial education, performance feedback programs, and mentoring programs for judges.
- Gender-Inclusive Language in the Courts: How to Communicate with Fairness, Dignity, Impartiality, and Accuracy (ncsc.org): This toolkit will inform courts on what they can do now to make all court users feel safe, seen, and heard in court proceedings. With the multitude of state laws and approaches to gender identity, it is increasingly important that courts have a unified way to address and discuss these issues.
- Tiny Chat Companion Plain Language: A tip sheet on use of plain language in court documents, signs, websites, forms, etc. Included are links to other resources on this topic.
- Navigating Leadership Webinar Series | NCSC: This link is to a webinar series on court leadership best practices with court experts from across the country. It includes past, current, and future webinar dates.
- National Criminal Justice Training Center (ncjtc.fvtc.edu):
- Social Emotional Skill Development | Virtual | Oct 14, 2020: This webinar discusses the importance of social emotional skills (SES) among children, youth and adults and the buffering effect of SES on addiction and trauma. Examine strategies to support SES development.
- Vicarious Trauma in Tribal Organizations | Virtual | Nov 30, 2020: This webinar addresses how tribal programs and leadership can use the OVC Vicarious Trauma Toolkit to create more trauma informed, healthier work environments; a particularly important goal given existing challenges and stress imposed by the global pandemic.
- Healing in Action | Virtual | Aug 16, 2022: The webinar addresses how repeated trauma and its impact on emotional intelligence and leadership. The focus will be on practical applications and the importance of creating a climate of physical, emotional, and relational safety.
- National Judicial College (judges.org):
- Judicial Education and Training | National Judicial College Courses: Strengthening the Foundation of a Tribal Court: A Self-Study Course for Court Clerks.
- Strengthening the Foundation of a Tribal Court: A Self-Study Course for Court Administrators: This self-study course is designed to enhance the ability of court administrators to evaluate the performance of their court and develop a strategic plan to address the areas of improvement. This course aims to strengthen the court by identifying authoritative guidelines and demonstrating examples on how to create a court rule, administrative order, internal policy, and/or a court clerk’s manual to improve their court.
- A Tribal Judge’s Role in Combating Human Trafficking in Indian Country: This course defines “human trafficking, “provides facts about human trafficking in Indian country or involving Native Americans, and gives tribal judges information about signs they should look for to assess whether human trafficking is likely occurring. The monograph also provides how tribal judges can effectively respond to suspected human trafficking and provides resources that tribal judges can use to assist human trafficking victims.
- Sample Tribal Code of Judicial Conduct: This is a template to help you create a Code of Judicial Conduct for your tribal court.
- Tribal Criminal Court Clerk’s Manual: This court clerk manual focuses on clerk duties related to criminal court cases.
- NTJC Resources – The National Judicial College: A link to multiple resources for Tribal Judges, Court Administrators, and Court Clerks.
- Tribal Court Chief Judge Job Description: Chief Judge Job Description for Ute Indian Tribe in Fort Duchesne, UT.
- Native American Bar (nativeamericanbar.org):
- L. Van Schilfgaarde- Indigenizing Professional Responsibility: The Role of Ethics in Tribal Courts: This publication discusses the role of ethics in tribal courts, and the way tribal courts are working to indigenize professional responsibility in them.
- Native American Rights Fund (narf.org):
- A guide for tribal court law clerks and judges (narf.org): This is a two-part guide. The first part is for law students and recent law graduates who are interested in clerkships within Indian country as well as for law students who are about to undertake a tribal court clerkship. The second part of this guide is for tribal judges, justices, peacemakers, and other persons charged with responsibility for resolving disputes within a tribal community. It gives suggestions on how best to work with and mentor a law clerk.
- Orutsararmiut Native Council (Orutsararmiut.org):
- Tribal Court Administrator – Orutsararmiut Native Council: Job description for Tribal Court Administrator.
- Porch Band of Creek Indians (pci-nsn.gov):
- Tribal Court Judge Job Description: Job description for Tribal Court Judge.
- Quileute Tribal Council (quileutenation.org):
- Reno-Sparks Indian Colony Tribal Court Administrator Job Description: Job description for Tribal Court Administrator.
- San Carlos Apache Tribe (scatcourt-nsn.com):
- Court of Appeals Associate Judge: Job Description for the San Carlos Apache Tribe Court of Appeals, Associate Judge position.
- Sitka Tribe of Alaska (sitkatribe.org):
- Tribal Court Administrator Job Description: Tribal Court Administrator job description.
- Tribal Justice (tribaljustice.org):
- What Should Judicial Officers Know About Domestic Child Sex Trafficking?: A tip sheet on tribal court ethics and what tribal judges and tribal leaders need to know.
- Tribal Law and Policy Institute (tribal-institute.org):
- Tribal Court Personnel Resources: Resources tribal court personnel from various sources, includes bench books on various topics such as Criminal Courts, Domestic Violence cases, and Healing to Wellness Courts.
- Trinidad Rancheria Tribe (Trinidad-rancheria.org):
- Trinidad Rancheria Chief Judge Job Description: Job description for Tribal Court Chief Judge.
- Tribal Court Administrator Job Description: Job description for Tribal Court Administrator.
- Tulalip Tribes (tulaliptribes-nsn.gov):
- Associate Judge Job Description: The job description is for and Associate Judge with the Tulalip Tribal Court.
- Turtletalk (turtletalk.blog):
- Tribal Court Administrator – Job Description: This is a link to the Intertribal Court of Southern California’s job description for Tribal Court Administrator.
- Bear River Band of the Rohnerville Rancheria RFP: Judicial Services Chief Judge: Bear River requests the Chief Judge to provide judicial services for the Bear River Band of the Rohnerville Rancheria and all Bear River sovereign territory, including but not limited to Tish Non Village, Rohnerville Rancheria, and Bear River Drive.
- Yavapai-Apache Nation (Yavapai-apache.org):
- Yavapai-Apache Nation Tribal Court Chief Judge Job Description: This job announcement is for a Chief Judge Position at the Yavapai-Apache Nation Tribal Court.
Resource List: Tribal–State Intergovernmental Collaborations
Resource List: Tribal–State Intergovernmental Collaborations (PDF)
- Alaska Tribal Justice Resource Center (atjrc.org):
- Opportunities for Tribal-State Collaboration: Alaska Tribal Court Conference Fairbanks 2016: This PowerPoint focuses on opportunities for collaboration between Tribal and State entities on juvenile justice, state criminal cases, and various misdemeanors. Discussed are MOU’s, a plan for referrals, diversion agreements, and collaboration with attorneys.
- Bureau of Justice Assistance (bja.ojp.gov):
- Improving the Administration of Justice in Tribal Communities through Information Sharing and Resource Sharing: This publication discusses challenges identified by three jurisdictional teams of justice personnel (tribal, state and federal) in establishing mechanisms for information and resource sharing, and will also attempt to identify successful collaborative strategies and determine additional ways in which more effective working partnerships can be encouraged and developed as a means to offer needed services to tribal offenders and to help local, state and federal pretrial, probation and parole officers perform their duties more effectively and efficiently.
- California Tribal-State Court Forum (courts.ca.gov):
- California Tribal-State Court Forum E-Updates (Monthly). Beginning in 2012, the California Tribal-State Court Forum has produced monthly “E-Updates.” These newsletters consist of both regional and national information on news, announcements, online resources, events and grant opportunities.
- Michigan Tribal-State-Federal Judicial Forum (courts.michigan.gov):
- Michigan’s Judiciary Success Stories: How Tribal, State and Federal Courts are Collaborating to Benefit Michigan Families (2017). This publication highlights the success stories of the Michigan Tribal State Federal Judicial Forum, which was created in 2014 to provide an ongoing venue for judges from all three jurisdictions to convene jointly so that we can improve working relations and communication. This publication spotlights the importance of judicial leadership and collaboration between courts, as well as the positive and lasting impact of these relationships on communities, families, and children across the state.
- National American Indian Court Judges Association (naicja.org):
- Building a Collaborative Court with Other Jurisdictions to Treat Nonviolent Tribal Adult Offenders (PowerPoint Presentation): This was a webinar held on March 4, 2015 titled, “Building a Collaborative Court with Other Jurisdictions to Treat Nonviolent Tribal Adult Offenders.” The webinar highlight the Yurok Tribal Court and their intergovernmental collaborations that support their Adult and Family Healing to Wellness Court Models.
- National Center for State Courts (ncsc.org):
- Webinar: Working Together – Why and How State Courts Should Collaborate with Tribes: This webinar addresses how on both the individual case and policy levels, state courts must deal with child welfare, criminal justice, fish and game, and many other issues involving sovereign, indigenous populations. In this NCSC webinar, Supreme Court justices from Washington and Michigan discuss how state courts can develop strong working relationships with tribes, including establishing permanent collaborative forums for state, tribal, and federal courts.
- Tribal Court-State Court Forums: A How-To-Do-It-Guide to Prevent and Resolve Jurisdictional Disputes and Improve Cooperation Between Tribal and State Courts: A how-to-guide to improving tribal-state collaborations through tribal-state court forums.
- National Conference of State Legislatures (NCSL) (ncsl.org):
- Listing of State Committees and Commissions on Indian Affairs: The National Conference of State Legislatures (NCSL), in partnership with the National Congress of American Indians, was involved in a State-Tribal Relations Project that addressed several specific, substantive issues between states and tribes. Both organizations believe in the importance of educating states and tribes on the processes that promote cooperation in problem-solving. This joint project aimed to promote state-tribal interaction as a necessity of state policymaking and to show how cooperation and collaboration can achieve the results that advance mutual objectives.
- National Congress of American Indians (ncai.org):
- NCAI Tribal-State Relationships (2010) Recommendations emerging from the White House Tribal Nations Summit, 2010.
- National Criminal Justice Association (ncja.org):
- State-Tribal Collaboration | NCJA: Funded by the Bureau of Justice Assistance and jointly hosted by the NCJA Center for Justice Planning (NCJP) and the National Congress of American Indians (NCAI), this webinar series aims to enhance state and tribal collaboration and highlight the benefits of intergovernmental coordination. Each webinar in this series focuses on a different aspect of state and tribal collaboration.
- National Criminal Justice Training Center (ncjtc.fvtc.edu):
- A Tribal-State Collaboration Model: Poarch Band of Creek Indians’ Journey to Success | Virtual | Jul 21, 2020: This video discusses the steps the Poarch Band of Creek Indians, Alabama’s only federally recognized tribe, took to overcome jurisdictional barriers to achieve implementation of state legislation known as the Poarch Band of Creek Indians – State Police Powers Act (Alabama Act #2018-393).
- Effective Collaborations: 10 Steps to Address the Opioid Crisis | Virtual | Jun 16, 2020: This video highlights successful examples of law enforcement/community coalitions that have produced positive outcomes including increasing public awareness of opioid risks, reducing stigma associated with Substance Use Disorder (SUD), and promoting links to effective treatment, and the multidisciplinary and community policing partnerships that helped lead to program success.
- Increasing Leadership Activities to Improve Multidisciplinary Responses in Criminal Justice | Virtual | Nov 30, 2021: This webinar addresses practices that can improve outcomes for victims/survivors, communities and offenders involved in the criminal justice system through ongoing collaboration and information-sharing within the community and organizations.
- Planning a Problem-Solving Justice Initiative: A Toolkit for Tribal Communities: This planning toolkit is designed to help tribal justice practitioners assess their current justice systems and develop new or enhanced approaches that build upon community traditions and strengths. The toolkit is not a training device, but a practical guide to help tribal justice practitioners work through the steps of planning a problem-solving justice initiative.
- The Center for Evidence-Based Policy (centerforevidencebasedpolicy.org):
- Joint Jurisdiction Courts: A Manual for Developing Tribal, Local, State & Federal Justice Collaborations, 2nd ed. (June 2018), Jennifer Fahey, JD, MPH, Hon. Korey Wahwassuck, Alison Leof, PhD, Hon. John Smith, Project T.E.A.M., Center for Evidence-Based Policy, Oregon Health & Science University. This manual is a roadmap for tribal and community leaders who want to develop joint jurisdiction courts or initiatives in their own communities. It is intended to be a guide, articulating the process developed in one Minnesota community and adopted by other jurisdictions, as well as providing information on creating new joint jurisdiction initiatives. This manual includes references to supplementary materials which may assist tribes and their partners in establishing and managing joint jurisdiction courts.
- Tribal Law and Policy Institute (WalkingOnCommonGround.org):
- Promising Strategies: Tribal-State Intergovernmental Collaborations (2024): On July 26, 2021, the Tribal Law and Policy Institute, in collaboration with the Bureau of Justice Assistance, held the “Promising Strategies in Tribal-State-Local-Federal Intergovernmental Collaboration Virtual Meeting.” The panelists highlighted intergovernmental collaborations in child welfare, bail reform, family wellness courts and community wellness courts from Alaska, California, New York, and Maine. The meeting was well attended by invited stakeholders from various disciplines, including Tribal and State courts and law enforcement. TLPI drafted a short publication based on these and other promising intergovernmental collaborations that build resiliency and provide a new way forward in the process. This publication showcases six intergovernmental collaborations with resulting variations in reimagining justice.
- Intergovernmental Collaborations to Heal, Protect, and Find Solutions: Joint Jurisdiction 101 (2023): This publication provides general guidance to assist Tribes in making an informed decision concerning the possibility of developing a Joint Jurisdiction Court. The publication discusses what a Joint Jurisdictional Court is, the different models and approaches that exists, how a community can assess their readiness to implement a Joint Jurisdictional model, and will provide recommendations for design, development, and implementation of Joint Jurisdictional Courts from a practical standpoint. The publication also includes resources and tools used by active joint jurisdictional court practitioners.
- Joint Jurisdiction Courts: Needs Assessment Findings and Summary Findings (2022): 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. The needs assessment survey responses showed that joint jurisdiction 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. The shorter report summarizes key take-aways.
- State/Tribal Joint Jurisdictional Courts Improve Outcomes in Civil and Criminal Cases (2021): This webinar on state/tribal joint jurisdictional courts discusses how this model of collaboration can improve outcomes in civil and criminal cases.
- Tribal Healing to Wellness Courts: Intergovernmental Collaboration (2021): This publication is intended to assist Tribal Healing to Wellness Courts interested in building intergovernmental collaborations, including tribal-state collaborations. Whether a Wellness Court has been operational for decades or is still in the planning process, collaboration is essential. This resource frames the subject by providing a brief history of Tribal Healing to Wellness Courts, discusses some common traits found in existing collaborations, and then uses those common traits to discuss actual collaborations that are operating in the Tribal Wellness Court context.
- Tribal-State Court Forums Policy Brief (2020): This brief provides a summary overview of Tribal-State Court Forums and includes a chart that provides an overview of key features of forums, such as membership attributes, information about authorizing documents and key accomplishments.
- Tribal-State Court Forums: An Annotated Directory (2020): This directory includes a detailed listing of the 13 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: agreements on the transfer of jurisdiction, Indian Child Welfare Act education, tribal court directories, legislation on the enforcement of tribal court orders, judicial relationship building, and many more. Information on each forum includes: membership; funding; structure; organization; key accomplishments and authorizing documentation.
- Crossing the Bridge: Tribal-State-Local Collaboration (2019): One of the biggest barriers to successful tribal-state collaboration is taking the first steps toward relationship building. The historical animosities between tribes and local counties/surrounding states can run deep. Strained relations going back many generations and contentious issues such as land, public safety, etc. can make for what may seem like insurmountable problems. This can leave those who see collaboration as a possible solution with little hope. This publication gives practical steps toward initiating discussions across jurisdictions. This publication provides details on “crossing the bridge” to meet jurisdictional peers and begin the relationship building necessary for collaborative endeavors that work toward common goals.
- Emerging Strategies in Tribal-State Collaboration: Barriers and Solutions to Enforcing Tribal Protection Orders Meeting Report (2019): Tribally issued protection orders are a crucial means of providing safety and justice in Indian country, particularly given the extremely high rates of violence against Native women. However, for protection orders to be an effective means of providing safety, cross-jurisdictional enforcement is necessary, which can be a challenge. 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.
- National Convening of Tribal State Court Forums Report (2017). This report summarizes the National Convening of Tribal and State Court Forums on June 2–3, 2016 in Los Angeles, California. The impetus for this meeting was a tribal-state collaboration working-group meeting convened by TLPI and held in 2012, wherein the tribal-state courts forums expressed a strong interest in an in-person meeting to engage in peer-to-peer training and networking. This report provides an overview of the meeting, specifically comments on the focus of TA and the needs of forums.
- Promising Strategies: Tribal State Court Relations (2013): Tribal courts and state courts interact across an array of issues, including child welfare, cross jurisdictional enforcement of domestic violence orders of protection, and civil commitments. Since the early 1990s, initiatives by judges’ organizations within both judicial systems have focused on an agenda of greater mutual understanding and cooperative action. This publication spotlights some of the most successful strategies within these initiatives.
- Promising Strategies: Public Law 280 (2013): In PL 280 jurisdictions, the concurrent jurisdiction of state and tribal courts over criminal prosecutions and civil actions arising in Indian Country creates many interactions and complications. Tribal and state authorities encounter one another across an array of issues, including government-to-government recognition, concurrent jurisdiction, cross-jurisdictional enforcement of domestic violence orders of protection, cross-deputization, and civil commitments. Tensions and misunderstandings have been common features of tribal and state policing relations in the past, sometimes erupting in jurisdictional conflicts. This publication highlights unique ways in which tribal and state jurisdictions have entered into collaborations to overcome barriers to effective justice provision.
- Tribal-State Court Collaborations Working Group Report (2013). The Tribal Law and Policy Institute hosted a working group session in December of 2012 to discuss tribal-state court collaborations and the successes and challenges that these partnerships currently face. TLPI drafted a report to the Bureau of Justice Assistance with findings and recommendations. The recommendations extend beyond simply the T/TA needed and provide insights into strategies that could be utilized by governments, agencies, and organizations to support tribal and state court collaborations and the resolutions of challenges faced.
- Tribal Court Clearinghouse Tribal-State Relations: This page provides links to information and resources addressing efforts to improve tribal – state relations.
- COVID -19 Resources | Courts, Court Staff & Legal Resources: TLPI launched an Indian Country COVID-19 (Coronavirus) Resources Page with links to information and resources concerning relevant tribal, federal, and state issues, initiatives, and resources for effectively addressing the COVID-19 pandemic in American Indian and Alaska Native communities. This subpage serves as a clearinghouse of relevant court and legal resources.