Indigenous Governance Database
Justice Systems
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,…
Judge: Tribal courts can incorporate culture, but need independence, due process
Tribal courts on the nation’s Indian reservations must make due process of law and independence hallmarks of their justice system, U.S. District Judge Ralph Erickson told a gathering of judges and other tribal court personnel in Grand Forks Thursday. Tribes can and should incorporate such Indian…
Preserving the Navajo Language, One Interpreter at a Time
A group of 33 students were competively selected to earn free certification from the UA's Navajo Interpreter Training Institute to gain eligibility to serve as interpreters in New Mexico and Arizona state courts. Many...have similar backgrounds - they began their unofficial role as English-to-…
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…
Oglala Sioux tribe to vote on constitutional changes
A more stable tribal government and economic development on the reservation could be the result of a vote on constitutional changes by Oglala Sioux Tribal members on the Pine Ridge Indian Reservation April 22, supporters say...Key proposals include an amendment to separate the tribe's judicial…
Ore. 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…
Tribal Sovereignty Special
What does tribal sovereignty mean in Alaska? KNBA's Joaqlin Estus talks with two experts about the legal basis for tribal sovereignty, and tribal judicial systems at work in Alaska. Hear about a court ruling that Alaska tribes can put land into trust status, tax-free and safe from seizure...
Tribal Constitutions
Modern tribal nations pass laws, exercise criminal jurisdiction, and enjoy extensive powers when it comes to self-governance and matters of sovereignty. And of 566 tribal nations, just under half have adopted written constitutions. In the American tradition, a constitution limits the power yielded…
VAWA 2 Years Later
It’s been just over 2 years since Congress reauthorized the Violence Against Women Act. In February of last year, three tribes participated in a pilot project to exercise the special domestic violence criminal jurisdiction (SDVCJ) portion of the law. Under SDVCJ, some tribes can prosecute Natives…
Implementing VAWA's Expanded Jurisdiction in Our Tribal Courts
In coordination with the Tribal Law and Policy Institute, NCAI hosting this webinar on April 5, 2013. In this webinar, panelists discussed the Violence Against Women Act (VAWA) provisions that expands tribal court jurisdiction over all persons for certain crimes committed on the reservation.
Vice President Biden Speaks at the 2014 White House Tribal Nations Conference
On December 3, 2014, Vice President Joe Biden addressed the 2014 White House Tribal Nations Conference. At the conference, leaders from the 566 federally-recognized Native nations engaged with the President, Cabinet Officials, and the White House Council on Native American Affairs on key issues…
Blackfeet Constitutional Change Class
The summation of all several videos...the complete 6 1/2 hour taping of the discussion of why our current Constitution, Charter, and Plan of Operations have become ineffective for our current times as a people and Piikani Nation for "Blackfeet Government Change" of Joe McKay and Blackfeet Community…
Margaret Vick-The Nature of Tribal Water Rights
Margaret Vick, Water Attorney (Havasupai and Colorado River Indian Tribes), discusses the nature of tribal water right by examining the long history of Arizona tribes protecting their rights.
A Way Out of Conflict
"A Way Out of Conflict" is a short documentary film that provides an overview of how traditional dispute resolution approaches and strategies operate in Hopi communities today. It examines how the Hopi villages retain and exercise authority over the adjudication of certain types of disputes and…
Tribal Courts
As the Ojibwe reclaimed their rights to hunt, fish, and gather on the ceded territories, they needed a system of laws, checks, and balances in order to both protect their resources and enforce the law. Soon other tribes followed suit, and soon co-equal systems of justice existed side by side with…
Suzan Shown Harjo: The View From Lincoln's Head: Notes of a Native American Journey
Poet, writer, lecturer, curator and policy advocate Dr. Suzan Shown Harjo (Cheyenne and Hodulgee Muscogee) commemorates the legacy of scholar Vine Deloria, Jr. by recalling stories of his service to Native communities and by reading a series of poems that he enjoyed.
Arizona Illustrated: The Rebuilding Native Nations Course Series
Course series director Ian Record and course faculty member Robert A. Williams, Jr. appear on Arizona Public Media's "Arizona Illustrated" evening news television program to discuss the Native Nations Institute's groundbreaking "Rebuilding Native Nations: Strategies for Governance and Development"…
Native American Lands and the Supreme Court
Tribal judge and legal scholar Angela Riley (Citizen Potawatomi) spoke in the U.S. Supreme Court chamber about the history of the Supreme Court and Native American lands. The lecture was one in a series hosted by the Supreme Court Historical Society on the Constitution, the Supreme Court, and…
Open Mike: Feds, Yakamas make historic pact
Reporter Phil Ferolito joins Mike Faulk on Open Mike this week to discuss a recent pact between the U.S. Department of Justice and the Yakama Nation to notify tribal police before executing search and arrest warrants. The move could help widen the path for the Yakama Nation, a sovereign nation, to…