This document provides a comprehensive examination of the ways in which tribes have worked to codify the various models of Wellness Courts, laying out common steps that are shared by the different tribal nations; it is organized based on typical sections of the code.
This publication provides an explanation of tribal law formation, which can be expressed in a variety of ways, including written constitutions and code, written judicial opinions, and customary law. Tribal law may be written or unwritten. The tribal code is a component of tribal law, and is the affirmative written law of the community, usually stemming from the tribe’s legislative and/or executive branches; and codification is the action or process of arranging laws or rules according to a legislative system. Most contemporary tribal governments reflect a Western influence, however, restorative justice tends to be a reemergence and reflection of tribal law. Restorative justice is an abstract concept that typically favors processes that are collaborative and inclusive, and outcomes that are mutually agreed upon rather than imposed. The Tribal Healing to Wellness Court (Wellness Court, or THWC) is an expression of restorative justice. This resource provides the following discussion: historical context for Wellness Courts; considerations for formalizing the Wellness Court into tribal law; guidelines for establishing the wellness court; the methods for individuals to enter and be discharged from Wellness Court; team roles and responsibilities; Wellness Court procedures and hearings; and sanctions.