NCJ Number
251111
Date Published
2017
Length
4 pages
Annotation
This technical assistance report focuses on issues affecting tribal communities, including tribal-State court collaboration, alcohol and substance abuse in Indian country, and indigent defense in Indian country.
Abstract
Tribal and State courts interact across many issues, including child welfare and cross-jurisdictional enforcement of court orders and civil commitments. Beginning in the mid-1980s, tribal-State court forums began to bridge some of the gaps between tribal and State courts. Most forums involve tribal and State court judges who focus on issues of common concern. Under the Indian Child Welfare Act, several forums have created training or materials to assist State courts with the implementation of this legislation. Forums have also developed rules or protocols for recognition of orders originating with tribal courts, and they have facilitated communication between tribal and State courts when jurisdictional issues arise. This report also notes that State Administering Agencies (SAAs) can further tribal-State collaboration by providing funding and administrative support for ongoing communication and the maintenance of peer-to-peer mentoring networks. Alcohol and substance abuse is a major problem in tribal communities. Tribal Healing to Wellness Courts, which reflect the structure and programming of drug courts, have blended evidence-based programs with traditional concepts of healing. The Bureau of Justice Assistance's funding for drug courts is open to tribes; however, only 7 out of 566 tribes have been funded from fiscal years 2012 to 2015. Since tribal courts have gained more jurisdiction over various criminal behaviors, it is imperative that tribes provide competent indigent defense. With the assistance of SAA funding for indigent defense services, more tribes will be able to provide such services.