Native American Tribal Courts

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American Indian Court Systems are formal court and justice systems of approximately 275 American Indian nations and Alaska Native villages. The courts are empowered to resolve conflicts and disputes arising from within a tribe's jurisdiction, and to enforce tribal law. Court structures and sizes vary from court to court.

There were approximately 400 tribal courts in the United States as of 2021, according to the U.S. Department of the Interior. These courts can hear both criminal and civil cases regarding tribal code. Tribes that do not establish their own court may use a regional Court of Indian Offenses. These are also known as CFR Courts, since they were established by the Code of Federal Regulations.

Click here to view a list of known tribal courts organized by state.

Jurisdiction

Tribes retain sovereign authority to establish and operate their own justice systems. The courts are empowered to resolve conflicts and disputes arising from within a tribe's jurisdiction, and to enforce tribal law.

Tribal courts are courts of general jurisdiction with broad criminal jurisdiction. Generally, states have no jurisdiction over the activities of Indians and tribes in Indian country. In 1953, Public Law 280 (PL 280) created an exception to this rule in six states. The U.S. Congress authorized these states to have criminal jurisdiction over all offenses involving Native Americans on tribal lands and transferred the federal government’s criminal jurisdiction over Indian country to the six states. Congress also authorized state courts with jurisdiction in civil cases that were previously exclusively under the jurisdiction of tribal or federal courts. As a result, state and tribal courts share jurisdiction in certain areas.

History and structures

Prior to European contact, indigenous Americans practiced various forms of conflict and dispute resolution. Traditionally, American Indian nations, tribes, communities, and villages reached resolution by way of consensus.

In 1934, the Indian Reorganization Act encouraged American Indian nations, tribes, communities, and villages to establish their own justice codes and to operate court systems in order to enforce the codes. Tribes were authorized to draft and adopt constitutions.

Approximately 275 American Indian nations and Alaska Native villages have established formal tribal court systems. Court structures and sizes vary from court to court. Some courts resemble Western-style court systems where written codes and procedural rules are applied, while others employ traditional methods of dispute resolution including peacemaking, elders' councils, and sentencing circles.

External links

• Search Google News for this topic
• Tribal Court Clearinghouse
• Tribal Court Clearinghouse, "Tribal Court Directory"
• Tribal Court Clearinghouse, "Tribal Court Decisions"
• National Indian Law Library
• National American Indian Court Judges Association
• National Center for State Courts, "Tribal Courts Resource Guide"
• National Tribal Justice Resource Center
• American Bar Association Tribal Courts Council
• American Indian Law Review
• United States Bureau of Indian Affairs
• United States Department of Justice: Office of Tribal Justice