NCJ Number
162817
Journal
Judicature Volume: 79 Issue: 3 Dated: (November-December 1995) Pages: 150- 153
Date Published
1995
Length
4 pages
Annotation
Cooperation between Federal and tribal courts is being facilitated through the Ninth Circuit Task Force on Tribal Courts, which is helping to encourage dialogue and bring about changes beneficial to the Federal judiciary and tribal courts.
Abstract
Federal-tribal interaction was originally grounded in treaties. The tribes were regarded as independent nations with full power to punish crime and resolve disputes within their territories. However, over the decades Congress and the courts have developed a patchwork of laws and holdings limiting the jurisdictional reach of tribal courts and creating awkward jurisdictional gaps. These developments have led to tension in the relationship between Federal and tribal courts, exacerbated by cases in which the Federal judiciary has misunderstood tribal law and failed to respect tribal court judgments. In the last 2 years, the Ninth Circuit Task Force has been involved mainly in establishing an ongoing dialogue among the various Federal and tribal courts in the circuit. It has also focused on educating Federal judges, building a cooperative working relationship with tribal judges, and promoting attitudes of mutual respect on both the Federal and tribal sides. Traditional tribal courts may also serve as models of alternative dispute resolution; it is also instructive to Federal courts to consider tribal conceptions of justice. The task force will continue to facilitate an ongoing dialogue and institute changes that will benefit both the Federal judiciary and the tribal courts. Footnotes