Welcome to the Tribal Court Clearinghouse
The Tribal Court Clearinghouse is a comprehensive website established in June 1997 to serve as a resource for American Indian and Alaska Native Nations, American Indian and Alaska Native people, tribal justice systems, victims services providers, tribal service providers, and others involved in the improvement of justice in Indian country. It is one of the most comprehensive websites on tribal justice system issues, and includes a wealth of tribal, state, and federal resources. The Clearinghouse website contains extensive resources on tribal, state, and federal law along with extensive Indian country subject-matter resources, a training events calendar, and resources from all Tribal Law and Policy Institute webinars.
New: The Tribal Law and Policy Institute is excited to announce its new website: www.TribalVAWA.org.
This website was developed as a resource focusing on Violence Against Women Act (VAWA) Special Tribal Criminal Jurisdiction. It contains an overview of the Violence against Women Reauthorization Act of 2022: Tribal Criminal Jurisdictions over Non-Indians, categories of criminal conduct under VAWA 2022, Frequently Asked Questions, news, webinars and resources, events, funding information, and information for the Intertribal Technical-Assistance Working Group (ITWG).
New: The Tribal Law and Policy Institute is pleased to announce a new publication, Tribal Criminal Jurisdiction over Non-Indians: Violence Against Women Act Reauthorization of 2022.
This publication provides general guidance to assist Tribes in making an informed decision concerning the possible exercise of Tribal criminal jurisdiction over non-Indians. Considerations for exercising criminal jurisdiction over Non-Indians are examined including both the benefits and challenges of exercising criminal jurisdiction over non-Indians. Information is provided concerning the experiences of the implementing Tribes and the role of the Intertribal Technical-Assistance Working Group (ITWG). Extensive information is provided concerning resources available to Tribes interested in exercising this jurisdiction. This publication is part of a two-part series on enhanced Tribal authority, the other publication will discuss Tribal Law and Order Act enhanced sentencing authority.
The American Bar Association (ABA) House of Delegates adopted an American Indian and Alaska Native boarding school resolution following presentations from CRSJ delegate Mark Schickman, ABA President Trish Refo, and Canadian Bar Association President Brad Regehr – the first Indigenous President of the Canadian Bar Association.
The Tribal Law and Policy Institute (TLPI) has 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 site is designed as a clearinghouse of relevant resources across a broad range of topic areas in pursuit of TLPI’s vision to empower Native communities to create and control their own institutions for the benefit of all community members, now, and for future generations.
Drafting an Enforceable Tribal Protection Order Involving a Non-member
This Information Guide and Checklist suggests topics for advocates to discuss with victims in preparing to file a tribal protection order. This resource is particularly focused on drafting a tribal protection order in cases involving non-members. The checklist is not jurisdiction specific, so advocates should consult local rules, statutes and procedures in applicable jurisdictions and consult with legal counsel. The information provided is not legal advice. (2019)
Reflecting on our Past – Celebrating 50 Years of NAICJA (National American Indian Court Judges Association) Accomplishments - This NAICJA History PowerPoint by Tribal Law and Policy Institute (TLPI) was presented at the NAICJA 50th Anniversary Conference on October 17, 2019 (TLPI served as NAICJA Administrator from 1997-2000). Please note that NAICJA’s important 1978 report Indian Courts and the Future: Report of the NAICJA Long Range Planning Project was one of the major accomplishments included in the presentation. A PDF of the NAICJA History PowerPoint is also available.
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The Tribal Law and Policy Institute (TLPI) has had the honor of coordinating last nine National Indian Nations Conferences (www.OVCINC.org) which address the unique needs of crime victims/survivors in Indian Country. On behalf of the TLPI Board of Directors and TLPI staff, we would like to thank the Office for Victims of Crime (OVC) for sponsoring these important conferences and to thank all of the participants, presenters, scholarship recipients and volunteers that we have been privileged to work with over the course of the last twenty years. Please note that previous conference materials can be found at www.ovcinc.org/prior-conferences.
Unfortunately, TLPI will not be coordinating the next National Indian Nations Conference that is being planned for December 2020. This was a difficult decision for TLPI and we came to it reluctantly, after much deliberation. Many factors came into play in our decision. The most crucial factor, however, has been the increasing bureaucratic challenges around the onerous conference approval process, especially the increasing restrictions on food and beverage – aspects of deep importance to bringing Native people together in respectful, healthy, healing and culturally appropriate way. With every conference delivery, we have strived to deliver a better, improved experience for the participants. We have concluded, however, that the increasingly challenging conference approval process substantially limits our ability to even meet (let alone exceed) the high standards set in previous conferences.
SaxmanOne, OVC’s Tribal Logistical Contractor, will be coordinating the December 2020 National Indian Nations Conference for OVC. Please direct any December 2020 conference questions to:
SaxmanOne: Tim Cullen, Program Manager; SaxmanOne; 7050 Infantry Ridge Rd; 703-686-2438; [email protected]; and/or
Office for Victims of Crime: Anne Hamilton, Grant Program Specialist; Office for Victims of Crime; (202) 598-6987; [email protected]
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U.S. Commission on Civil Rights Releases "Broken Promises: Continuing Federal Funding Shortfall for Native Americans" - On December 20, 2018, the U.S. Commission on Civil Rights released its report, Broken Promises: Continuing Federal Funding Shortfall for Native Americans. The report revisits the Commission's 2003 report, A Quiet Crisis: Federal Funding and Unmet Needs in Indian Country, which evaluated expenditures of federal agencies on Native American programs. The report is based on expert and public input, including from NCAI, and extensive research and analysis. The report found that funding for services critical to Native Americans was disproportionally lower than that for other populations. Key findings from the report include:
- Federal programs designed to support the social and economic wellbeing of Native Americans remain underfunded and sometimes inefficiently structured.
- Unequal treatment of tribal governments and lack of full recognition of their sovereign status by state and federal governments, laws, and policies diminish tribal self-determination and negatively impact health, criminal justice, education, housing, and economic outcomes.
- The federal government has failed to keep accurate, consistent, and comprehensive records of federal spending on Native American programs, making monitoring of federal spending to meet its trust responsibility difficult.
The report also offers recommendations to the President, Congress, and numerous federal agencies on how to honor trust obligations to tribal nations.
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| Be sure to see the President of Tribal Law and Policy Institute Board of Directors, Judge Abby Abinanti, in the new film, Tribal Justice. The film follows two Native American judges reaching back to traditional concepts of justice in order to reduce incarceration rates, foster greater safety for their communities and create a more positive future for youth. Tribal Justice is available to stream online for $4.99 or via DVD purchase. |
| The National Congress of American Indians (NCAI) has released a new report, VAWA 2013’ s Special Domestic Violence Criminal Jurisdiction Five-Year Report, summarizing results of the first five years of tribal special domestic violence criminal jurisdiction (SDVCJ) over non-Indians under the tribal provisions of the 2013 reauthorization of the Violence Against Women Act (VAWA 2013). |
| BIA Tribal Leaders Directory Transitions into an Interactive Electronic Map - (June 13, 2016) - Acting Assistant Secretary - Indian Affairs Lawrence S. Roberts announced the availability of the Bureau of Indian Affairs (BIA) Tribal Leaders Directory in Searchable Electronic Map Format. The interactive map is an updated way to navigate the twelve regions of the BIA, its regional offices and agencies, and federally recognized tribes to more effectively connect with Indian Country. The map also offers accurate contact information for tribal leaders, Office of the Assistant Secretary personnel and BIA regional office and agency personnel. The map is not an official list of the federally recognized tribes, and is intended to be used in conjunction with the official listing: Federal Register Notice of Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs. The interactive map will be updated monthly and is available for download in Excel format by Contacting the Office of Indian Services Division of Tribal Government Services. |
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A Roadmap For Making Native America Safer - The Indian Law and Order Commission is pleased to transmit its final report and recommendations—A Roadmap For Making Native America Safer—as required by the Tribal Law and Order Act of 2010, Public Law 111-211 (TLOA). These recommendations are intended to make Native American and Alaska Native nations safer and more just for all U.S. citizens and to reduce the unacceptably high rates of violent crime that have plagued Indian country for decades. This report reflects one of the most comprehensive assessments ever undertaken of criminal justice systems servicing Native American and Alaska Native communities.
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Structuring Sovereignty: Constitutions of Native Nations
by Melissa L. Tatum, Miriam Jorgensen, Mary E. Guss, and Sarah Deer, published by UCLA American Indian Studies Center, 2014
This book is designed to serve as a guide to communities engaged in the process of drafting a constitution and to students who are studying that process. For any nation, Indigenous or non-Indigenous, drafting and adopting a constitution is more than a legal process. It is a collective journey of self-discovery and reflection. New governing opportunities, changes in intergovernmental relations, heightened awareness of the importance of culturally legitimate governing institutions, and reforms in international law are generating a wave of constitution writing and constitutional reform among Native nations. This book draws on research, first hand experience with constitution writing and constitutional change, and numerous examples from actual governing documents to demonstrate the many ways that Indigenous nations can structure their sovereignty.
To order, email [email protected]
$40.00 Paper 978-2-935626-68-1
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Sharing our Stories of Survival: Native Women Surviving Violence is a general introduction to the social and legal issues involved in acts of violence against Native women, this book's contributors are lawyers, advocates, social workers, social scientists, writers, poets, and victims. In the U.S. Native women are more likely than women from any other group to suffer violence, from rape and battery to more subtle forms of abuse, and Sharing Our Stories of Survival explores the causes and consequences of such behavior. The stories and case-studies presented here are often painful and raw, and the statistics are overwhelmingly grim; but a countervailing theme also runs through this extremely informative volume: Many of the women who appear in these pages are survivors, often strengthened by their travails, and the violence examined here is human violence, meaning that it can be changed, if only with much effort and education. The first step is to lay out the truth for all to see, and that is the purpose accomplished by this book. To order, call 800-462-6420 or visit Alta Mira Press and use promotion code B10CTS20 to receive your 20% discount!
$38.00, Paper 978-0-7591-1125-7
$99.00, Cloth 978-0-7591-1124-0
$36.99, eBook, 978-0-7591-1364-0
Sharing our Stories of Survival Trainer’s Manual
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Introduction to Tribal Legal Studies, Third Edition discusses the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law. To order, call 800-462-6420 or visit Alta Mira Press and use promotion code B10CTS20 to receive your 20% discount!
$127.00, Hardback 978-1-4422-3224-2
$59.50, eBook 978-1-4422-3226-6
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Tribal Criminal Law and Procedure, Second Edition examines the complex subject of tribal criminal law and procedure from a tribal perspective—utilizing tribal statutory law, tribal case law, and the cultural values of Native peoples. Garrow and Deer discuss in depth the histories, structures and practices of tribal justice systems, comparisons of traditional tribal justice with Anglo-American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on:
- The Tribal Law and Order Act's Enhanced Sentencing Provisions
- The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction
- Tribal-State Collaboration
Tribal Criminal Law and Procedure will be an invaluable resource for legal scholars and students. To order, call 800-462-6420 or visit Alta Mira Press and use promotion code B10CTS20 to receive your 20% discount!
$55.00, Paper 978-0-7591-0718-2
$99.00, Cloth 978-0-7591-0717-5
$54.99, eBook 978-1-4422-3230-3
Rowman & Littlefield Publishing Group offers special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact Lynsey Weston in the Special Markets Department at 301-459-3366.
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