Tribal Court Development
for Alaska Tribes
||October 4 - 5, 2021
Whether your tribe is just beginning to develop its own tribal court or is looking to expand or modify existing tribal court operations, this class will help you plan for success. Through the lens of tribal sovereignty, Alaska tribal governance expert Lisa Jaeger* will explore traditional justice systems, current jurisdictional issues, and the organization of tribal court systems.
We’ll provide an overview of court administration and court rules of procedures, and look at options for how Alaska tribal courts can handle domestic relations and civil law and order cases. We’ll also examine how and why so many tribes have found success with restorative justice, explore its core principles, review the challenges (and solutions) to implementation, and provide you with information about tools your community can use to promote healing and restore balance and harmony.
*Instructor subject to change.
|T O P I C S I N C L U D E
|History of Tribal Court Development in Alaska
Current Picture of Tribal Jurisdiction in Alaska
- Systems of tribal justice before courts
- Impact of Alaska Statehood
- Impact of the Alaska Native Claims Settlement Act
- Impact of the Indian Child Welfare Act
- Variety of tribal justice systems in Alaska today
Organizing Tribal Courts
- Overview of jurisdiction
- What matters are handled in Alaska tribal courts?
- Clear and less clear tribal jurisdiction
- Applicable federal laws:
- Indian Civil Rights Act (due process)
- Public Law 280
- Laws regarding barrier crimes
- Strategic planning:
- Developing tribal courts
- Implementing tribal courts
- Structural options for:
- Tribal courts
- Appellate courts
- Intertribal courts
- Justice circles
- Judicial codes:
- What do they cover?
- How should they be structured?
|Tribal Court Administration
Rules of Procedures in the Court
- The role of tribal court clerks in creating courts of record and due process
- Basic court organization and administration
- Funding opportunities
Domestic Relations Cases
- How do cases get to tribal court?
- Beginning cases in tribal court
- Hearing procedures and due process
- Options for orders
- Domestic relation codes
- Child protection
- Elder protection
- Domestic violence
|Civil Law and Order Cases
- Civil law and order codes
- Tribal enforcement codes
- Opportunities to interface with the Alaska court system through:
- Filing/registering tribal court orders in state court
- Traditional Native vs. Western views on justice
- Healing vs. punishment
- Ex Parte Crow Dog
- Goals and principles of restorative justice
- Focus on individual and community health and well-being
- Repairing harm and rebuilding relationships
- Challenges and benefits
- Victim-offender mediation
- Healing circles
- Community restorative boards
- Success stories
*Topics subject to change.