Tribal Court Rules and Procedures

As a tribal court judge, clerk or administrative assistant, you are responsible for carrying out a variety of court procedures — from scheduling trials to collecting court fines. To effectively administer and follow the rules and regulations of a court, you must be aware of the objectives and outcomes desired when establishing your court procedures.

This class covers the roles of tribal court personnel and the responsibilities each has in administering the rules and regulations of the court. You’ll take an in-depth look at how the process works as we review typical cases your tribal court may face. In this important training session, you’ll gain a thorough understanding of the tribal court process as well as the relationship between tribal, state and federal courts.

T O P I C S   I N C L U D E
Role of Tribal Courts
  • Judicial activity on the reservation
  • Types of tribal courts
  • Tribal court management issues
  • Tribal judicial ordinances
  • Native vs. non-Native (consent to tribal jurisdiction)
  • Enforcing a judgment
Civil Jurisdiction
  • Tribal codes
  • Over tribal members and non-Indians
  • Divorce proceedings
  • Federal role
  • Issuing restraining and protection orders
Court Organization
  • Tribal court judges
  • Appeals and judicial review
  • Separation of powers
  • Organizational structure
  • Position descriptions
Jurisdiction of Tribal Courts
  • Child custody proceedings
  • Indian child and family programs
  • Recordkeeping information
Rules and Procedures of the Court
  • Division of cases — civil, criminal, juvenile
  • Arraignments and trials
  • Tribal vs. state
  • Adoption of state rules
  • Use of attorneys
  • Scheduling hearings and trials:
    • Summonses
    • Warrants of arrest
    • Using a court processor
Case Management
  • File organization
  • The life of a court file
  • Calendaring system
  • Tickler system
Jury Trials
  • Right to a jury trial
  • Costs
  • Differences from bench trials
  • Tribal code jury provisions
  • Jury selection
  • Mandatory
  • Probation
  • Fines
  • Rehabilitation programs
  • Sentencing alternatives
  • Post-conviction procedures
Appellate Procedures
  • Appellate systems
  • Tribal code appeals provisions
  • The appeals process
Child Protection
  • Legal aspects of Indian family law and child welfare
  • Termination of parental rights
  • The marriage relationship
  • Tribal intervention
  • Abuse and neglect
  • Indian Child Welfare Act (ICWA) interventions
  • Procedural issues related to ICWA
  • Returning a child to the tribe
  • Child support and enforcement
  • Adoption
Working with Outside Jurisdictions
  • Comity
  • Tribal prosecutors working with city and state district attorneys
  • Cross-deputization
  • Procedures for outside attorneys:
    • Applications
    • Required fees and oaths
  • Review court case scenarios
  • Review case life cycle

*Topics subject to change.

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