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The power to administer justice is central to tribal self-government. The Supreme Court has explained, "Tribal Courts play a vital role in tribal self-government, and the federal government has consistently encouraged their development." Tribal courts are essential mechanisms for resolving civil disputes that arise on the reservation and for maintaining order through criminal adjudication. Under the Federal Indian Self-Determination Policy, the Department supports "Indian tribes in the development of their law enforcement systems, tribal courts, and traditional justice systems." The Department of Justice is committed to strengthening and promoting Indian self-governance of Indian tribes.
Tribal justice systems have existed in one form or another for several hundred years. In the last ten years, however, there has been unparalleled growth in their vitality, importance, and workload. This change is due to a number of factors, including economic growth and development on many reservations, which has increased the need for reliable means of settling disputes that arise in the ordinary course of business. This is especially true when business responds to the changing needs of the communities that they serve, raising issues such as how to appropriately regulate complex matters like gaming, air and water pollution control, mining, banking, toxic waste disposal, and criminal adjudication in tribal courts.
Information on tribal justice systems, tribal codes and opinions by tribal justice systems are included in the following Web pages:
Tribal Courts Assistance Program (BJA)
The Tribal Courts Assistance Program (TCAP) provides support to federally recognized American Indian and Alaska Native communities to develop, implement, enhance, and continue the operation of tribal judicial systems. First announced in FY 1999 through a competitive application process, the program to date has made possible more than 300 grants totaling more than $50,000,000.00 to support tribal justice systems. The primary technical assistance provider for the program is the Tribal Judicial Institute (TJI) at the University of North Dakota Law School. Last year, TJI and its consortium of providers delivered more than 40 training events that reached out to 450 tribal justice personnel (including judges, clerks, probation officers, prosecutors and public defenders) representing 134 tribes, of which 91 were BJA grant recipients. Also, 43 tribes, which did not have federal grants were provided with scholarships to attend trainings which included but were not limited to: Essential Skills for Tribal Court Judges; General Jurisdiction; Alternate Forms of Justice; Traditional Circle Peacemaking and Restorative Justice; Court Management for Tribal Court Judges; Tribal Court Clerks Certification Training; Contemporary Issues for Tribal Justice Systems; Practical Approaches to Family Law Cases in Tribal Court; Judicial Strategies for Addressing Domestic Violence; Indian Child Welfare Act; Lay Advocacy Training; Alternative Judicial Approaches to Address Substance Abuse; and Recognizing and Responding to Gangs and Drugs in Indian Country.
Indian Alcohol and Substance Abuse Program (BJA)
The Indian Alcohol and Substance Abuse Program (IASAP) provides resources to American Indian and Alaska Native communities to plan, develop, implement holistic tribal justice strategies to control and prevent alcohol and substance abuse related crime and violence. Created by the FY 2001 Consolidated Appropriations Act, BJA initiated the program in FY 2002 through a competitive application process in which federally recognized tribes could apply. Since then BJA has conducted annual competitions that have resulted in more than $27,000,000 being awarded to support grants to 65 tribes along with the provision of technical assistance and training services provided through a consortium of organizations led by the Criminal Justice Center for Innovation at Fox Valley Technical College (FVTC), Appleton, WI . Recent highlights include these organizations collectively providing services to 750 persons representing 64 American Indian and Alaska Native communities via workshops, regional round-table trainings, and advisory meetings where training topics covered but were not limited to: comprehensive strategy development, corrections, law enforcement (interdiction and prevention), alcohol and substance abuse (interdiction and prevention), delinquency prevention, and culturally appropriate treatment strategies. FVTC also helped conduct several regional Salish Gatherings in partnership with the Lummi Nation (WA); issued 132 scholarships; and helped plan and administer the National Training Conference for Criminal Justice and Community Leaders, which was attended by upwards of 400 tribal representatives.
Construction of Correctional Facilities on Tribal Lands Discretionary Grant Program (BJA)
This program has provided support to 22 American Indian and Alaska Native communities to plan and construct correctional facilities on tribal lands for the incarceration of offenders subject to tribal jurisdiction; and it it is helping to renovate four existing detention structures that have fallen out of compliance with federal sight and sound requirements. Eligible tribes must be federally recognized and perform law enforcement functions as determined by the Secretary of the Interior. A ten percent match is required (cash or in-kind) under the program and the federal outlay may not exceed 90 percent of the total costs of the project. Justice Planners International is the program's primary technical assistance provider and ensures that BJA-funded tribal detention facilities are safe and secure; supportive of cultural and traditional values; appropriate for the intended population; constructed within budget; and in line with current standards regarding correctional operations, programs, and design.
BJA Tribal Training and TA partners:
National Tribal Judicial Center at The National Judicial College
The National Tribal Judicial Center (NTJC) at the National Judicial College offers national education and training program specifically designed for tribal judicial officers, court staff, and other tribal personnel involved in tribal court planning and administration. Established in 2002 with BJA funding, it continues to be supported through the Tribal Courts Assistance Program. Three courses form the core curriculum for the Center's tribal judicial education program, this includes: Essential Skills for Tribal Court Judges; Essential Skills for Tribal Appellate Judges; and Court Management for Tribal Judges and Court Personnel. The Center also has 13 additional programs that have been developed or presented since NTJC was established. Over 630 tribal judges and court personnel have participated in these programs since 2002. In addition, 46 tribal judges have participated in other courses offered under the auspices of the National Judicial College. Attorneys participating in the programs are eligible for Continuing Legal Education and/or Continuing Judicial Education credits. The College also offers six Professional Development Certificates for judges who desire to concentrate their studies in a particular area (including a Professional Development Certificate in Tribal Judicial Studies) and two professional degrees (M.A. and Ph.D.) in Judicial Studies in partnership with the University of Nevada-Reno and the National Council for Family and Juvenile Court Judges. Presently, 26 tribal judges are candidates for the Tribal Judicial Skills Professional Certificate and 3 tribal judges are enrolled in the professional degree programs.
National Tribal Justice Resource Center
The National American Indian Court Judges Association (NAICJA) established the National Tribal Justice Resource Center in September 2000 through the Bureau of Justice Assistance's (BJA) Tribal Courts Assistance Program. The Resource Center is a logical progression in NAICJA's long history of providing quality training to tribal judicial system personnel and producing legally sound and culturally sensitive tools to support tribal court operations. In addition to serving as a clearinghouse of information, the Center also creates and develops resources for tribal justice systems. Present objectives are designed to broaden the Center's resource base and allow it to reach more stakeholder groups including prosecutors, probation officers, public defenders, juvenile officers, drug court personnel and more. The Resource Center not only makes information accessible, but also links courts with providers of resources and services through referrals. Service providers who work with the tribal justice community recognize and utilize NAICJA and the Resource Center as one of the best conduits for promotion and access and the Resource Center's use of technology allows it to virtually operate 24 hours a day, 7 days a week.
Tribal Justice Information Sharing System
The University of Arkansas, National Center for Rural Law Enforcement (NCRLE) will continue to maintain the Tribal Justice Information Sharing System (TJISS) Web site and utilize its experience with justice technical assessments to provide a variety of technical assessment resources that will be available to any requesting tribal agency. Additionally, the University of Arkansas has been supporting tribal justice agencies as they move toward effective information sharing by providing an online information resource, a comprehensive technical assessment, and a fully-staff toll-free help desk. The tools are available in CD-ROM, DVD-ROM, and paper formats, and provided via electronic download and direct mail in Basic, Intermediate, and Advanced levels. The training programs include the analysis of computer, software, and network resources; telephone and electrical infrastructure; technical personnel; and building design.
Tribal and Rural Internet Project
The University of Arkansas Criminal Justice Institute will implement the Tribal and Rural Internet Project (TRIP) that establishes an electronically-based information sharing resource center for use by tribal and rural law enforcement agencies across the nation. In order to support TRIP, the University of Arkansas is providing additional supportive services such as a law enforcement information resource center, a free technical support staff, and internet connectivity to tribal and rural law enforcement agencies across the nation, as needed. The University of Arkansas will also provide for the continual updating of information resources disseminated and for services provided to TRIP member and other agencies via the TRIP Help Desk.
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