NCJ Number
61262
Date Published
1978
Length
211 pages
Annotation
THE REPORT OF THE NATIONAL AMERICAN INDIAN COURT JUDGES ASSOCIATION (NAICJA) PRESENTS FINDINGS OF A LONG-RANGE PLANNING PROJECT, INCLUDING MODEL STANDARDS AND A 5-YEAR PLAN FOR SUPPORT OF INDIAN COURTS.
Abstract
INDIAN COURTS ARE NECESSARY IF TRIBAL GOVERNMENTS ARE TO EXERCISE THE SOVEREIGN PREROGATIVES OF TRIBES AS RECOGNIZED BY CONGRESS AND THE FEDERAL COURTS. THIS REPORT IS THE CULMINATION OF A YEAR-LONG PROJECT TO DEVELOP WAYS TO IMPROVE INDIAN COURT SYSTEMS. CURRENTLY, THE INDIAN CIVIL RIGHTS ACT PASSED BY CONGRESS LIMITS THE SOVEREIGNTY OF INDIAN TRIBES BY INSISTING ON A FORM OF GOVERNMENT NOT NECESSARILY OF THEIR OWN CHOOSING. IN ADDITION, THE CONCEPTS OF DUE PROCESS AND EQUAL PROTECTION MUST BE FOLLOWED, ALTHOUGH THESE IDEAS MAY BE ALIEN TO THE TRIBES' OWN TRADITIONS OF GOVERNMENT. IN ORDER FOR NAICJA TO IMPLEMENT THE PLANNING PROJECT, A THOROUGH REVIEW OF ALL PERTINENT LEGAL LITERATURE AND OTHER INFORMATION DEALING WITH INDIAN COURTS WAS CARRIED OUT, REVEALING THAT AVAILABLE INFORMATION ON THE SUBJECT WAS INADEQUATE. THEREFORE, VISITS TO 23 INDIAN COURTS WERE ARRANGED TO GATHER THE NEEDED INFORMATION. THE LEGAL AND HISTORICAL BASIS FOR INDIAN COURTS IS EXPLORED, FOLLOWED BY A DESCRIPTION OF THEIR PRESENT STATUS AS DISCOVERED THROUGH THE PLANNING PROJECT. SEVERAL STRENGTHS AND WEAKNESSES OF INDIAN COURTS ARE IDENTIFIED. THE MODEL STANDARDS FOR INDIAN JUDICIAL SYSTEMS, DEVELOPED AS PART OF THE LONG-RANGE PLANNING PROJECT, ARE DISCUSSED ALONG WITH A PROPOSAL THAT THEY BE IMPLEMENTED IMMEDIATELY BY FOUR INDIAN COURTS SERVING AS MODELS. FINALLY, A 5-YEAR PLAN FOR SUPPORT OF THE INDIAN COURTS IS PRESENTED, INCLUDING SUGGESTIONS FOR INDIVIDUAL COURT NEEDS ASSESSMENT, TRIBAL LEGISLATION, FACILITIES AND EQUIPMENT, COURT-RELATED SERVICES, PERSONNEL, COMMUNITY RELATIONS AND EDUCATION, TRAINING, AND INTERAGENCY COORDINATION. FOOTNOTES AND A BIBLIOGRAPHY ARE PROVIDED. (PRG)