Indigenous Governance Database
Justice Systems
Arizona tribe set to prosecute first non-Indian under a new law
Tribal police chief Michael Valenzuela drove through darkened desert streets, turned into a Circle K convenience store and pointed to the spot beyond the reservation line where his officers used to take the non-Indian men who battered Indian women. “We would literally drive them to the end of the…
First-time offenders learn accountability through diversion program run by tribal elders
The 2012 Annual Tulalip Tribal Court Report states 415 criminal cases were heard in court. Included in that 415, are 24 newly filed criminal alcohol charges and 69 disposed, meaning judicial proceeding have ended or a case that has been resolved. Also counted in that 415, are 76 newly filed…
Tulalips wield new power against domestic violence
The Tulalip Tribes are now one of just three Native American tribes in the country to take advantage of a federal program designed to better combat domestic violence on tribal lands. In an agreement signed with the U.S. Attorney’s Office Friday during a regular meeting of the Tribes’ board of…
Police Protection in CT Increases: Tribes Can Now Arrest Non-Natives
On Friday, August 1, 27 members of the Mashantucket Pequot Tribal Police received the power to arrest non-Natives on tribal land. “Up until now they could only hold and detain non-tribal members until the state police could come and make the arrest,” William Satti, director of public affairs for…
5 More Native American Visionaries in Washington State
As the holidays kick in and people start looking ahead to the coming year, it is only fitting to acknowledge the leaders who will take Indian country into the future. Last month we brought you five Native leaders who are protecting rights, exercising sovereignty, building intercultural bridges and…
Robert F. Kennedy's Legacy with First Americans
This year marks the 50th anniversary of Attorney General Robert F. Kennedy’s address to the National Congress of American Indians (NCAI) in Bismarck, North Dakota. I was in high school then. My memories are that of tribal leaders who came together from throughout the nation to discuss key issues of…
Students Get Hands-On Learning with Gila River Close Up Program
A group of young Community members from various local high schools participated in the Close Up program and received an in-depth view into the world of tribal government. The Close Up program is a yearly endeavor that is designed to give students a thorough lesson on the inner mechanics and…
Pascua Yaqui gain added power to prosecute some non-Indians
Southern Arizona’s Pascua Yaqui Tribe is one of the first Native nations in the country to earn legal standing to prosecute outsiders who attack women on tribal lands. The Pascua Yaquis – along with the Tulalip Tribes of Washington and the Umatilla Tribes of Oregon – have been been awarded special…
Living Her Dream: Eldena Bear Don't Walk Discusses Her Law Career
Eldena Bear Don’t Walk is living out her childhood dream. The youngster who imagined one day becoming a lawyer has done exactly that – and more. She has been an appellate judge for eight years, serving almost every tribe in Montana. At the St. Ignatius-based Bear Don’t Walk Law Office, she works as…
Yurok tribe's wellness court heals with tradition
Lauren Alvarado states it simply: “Meth is everywhere in Indian country.” Like many here, she first tried methamphetamine at age 12. Legal trouble came at 13 with an arrest for public intoxication. In the years that followed, she relied on charm and manipulation to get by, letting her grandmother…
Health, Innovation and the Promise of VAWA 2013 in Indian Country
Yesterday morning, we made our way north from Seattle, past gorgeous waterways, and lush greenery to visit with the Tulalip Tribes of western Washington, where we were greeted by Tribal Chairman Mel Sheldon, Vice Chairwoman Deb Parker, and Chief Judge Theresa Pouley. We saw first-hand, a tribal…
How to Protect Tribal Lands From Our Deadliest Enemies
In 2001, the U.S. Supreme Court dealt a severe below to Indian sovereignty when it decided Nevada v. Hicks, suggesting to states and counties that when their cops are investigating off-reservation crimes, they need not obtain tribal court warrants to conduct searches or arrests on tribal land. The…
DOJ Grants Muscogee Creek Nation $3.78 Million for Ex-Prisoner Reintegration Program
The Muscogee Creek Nation has received $3.78 million from the U.S. Department of Justice for the tribe’s Reintegration Program (RIP), which assists tribal citizens who have served time in a correctional facility and are ready to be welcomed back into society. The grant will go towards the…
Rebuilding Native Nations: Strategies for Governance and Development
Based on two decades of research, the Native Nations Institute (NNI) at the University of Arizona has worked hard to develop a curriculum for tribal leaders that can assist tribes in achieving true economic self-determination. The essays in Rebuilding Native Nations, published in 2007, are the…
Hopi Revises Criminal Code, Regains Sovereignty
Crime rates in Indian Country are more than twice the national average. But for decades antiquated criminal codes have limited what tribal courts could do. For example, crimes like child abuse and sexual assault didn’t exist on the books. And, tribal judges couldn’t sentence a defendant to more…
Navigating VAWA's New Tribal Court Jurisdictional Provision
President Obama signed into law the reauthorization of the Violence Against Women Act (VAWA), a federal statute that addresses domestic violence and other crimes against women. As initially conceived in 1994, VAWA created new federal crimes and sanctions to fill in gaps, provided training for…
Where Tribal Justice Works
In 2011, a man in northeastern Oregon beat his girlfriend with a gun, using it like a club to strike her in front of their children. Both were members of the Confederated Tribes of the Umatilla Indian Reservation. The federal government, which has jurisdiction over major crimes in Indian Country,…
Tribal Immunity, Tribal Court Jurisdiction, and Separation of Powers
There are two active cases out there involving Florida tribes that raise interesting questions relating to tribal courts and tribal immunity in federal and state courts. The two cases, Miccosukee Tribe v. Kraus-Anderson Constr. (which is currently pending before the Supreme Court – an invitation…
Oregon tribal courts deliver 'restorative justice'
For years, Judge Donald Costello sentenced offenders to jail and prison terms, only to see them back in his courtroom with nothing to show for their time served. Costello doesn't work that way anymore. Instead, he practices an innovative spin on the judicial system that has become an effective…
A Leader Emerges: Hopi Tribe Adopts New Criminal Code According to Tribal Law and Order Act Standards
The Hopi Tribal Council voted to adopt a new criminal code on August 28, thereby scrapping a 1970s version that all but failed to punish sex crimes and limited tribal prosecutors to one-year terms, even for murder. In doing so, the small Arizona tribe emerged as a leader in Indian country when it…