Promising Strategies: Tribal-State Court Relations

• NCJ Number: 248446
• Author(s): Carole Goldberg; Duane Champagne
• Date Published: March 2013
• Length: 55 pages
• Grant Number(s): 2009-IC-BX-K004
• Sponsoring Agency: Bureau of Justice Assistance (BJA)
• Corporate Author: Tribal Law and Policy Institute
• Publication Format: Document; Document (Online)
• Language: English
• Country: United States of America
• Note: This project was supported by Grant No. 2009-IC-BX-K004 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

Annotation

This publication spotlights some of the most successful strategies within Tribal and State court interaction initiatives; including child welfare, cross-jurisdictional enforcement of domestic violence orders of protection, and civil commitments.

Abstract

The 10 programs featured in this publication were selected according to the following criteria: are distinctive and involve innovative processes; present promising solutions; can be replicated or adapted; can be sustained when external funding sources are expended; are culturally compatible with the current beliefs, understandings, values, and future goals of the community; are community components of services; are operated within the tribal nations or governments or operate as nonprofit organizations; demonstrate respect for the jurisdiction of native nations and States and promote tribal administration of justice; uphold non-arbitrary, just, impartial, and non-discriminatory treatment of all persons; achieve benefits of coordinated, consensual, and mutually respectful relations between tribal and nontribal justice agencies; and are carried out so that goals will be achieved; as well include a variety of different cultural backgrounds and represent a variety of different locations and jurisdictional circumstances within the United States. In these Promising Strategies, litigation and confrontation between tribal and State courts have given way to enhanced understanding and cooperative action. Through networks of relationships and innovative programs, they have knit together tribal and state justice systems while respecting their differences. Through the ongoing institutionalization of dialogue and creative responses to common concerns, they hold the promise of more innovative and constructive joint endeavors.