Tribal Constitutions & Codes

Tribal Court Development for Alaska TribesUAF Course TM 110

Nov. 7, 2013

Special thanks to Lisa Jaeger from TCC for her assistance and guidance.

Power of the Tribe

Tribal Members

Council

Constitution

Tribal Court

What does your constitution provide for?

Why is the constitution important?

Why is it important to refer to your constitution?

Tribal Constitutions

Kaltag took custody of newborn boy.

Council President asked OCS to do whatever it needed to do to provide foster care payments to the foster parents.

OCS filed a petition to take emergency custody of the baby.

Tribe filed motion to dismiss case because the Tribe already had jurisdiction over the child.

State court decision was vacated because state did not have jurisdiction over child.

In re J.M.718 P.2d 150 (Alaska 1986)

“Written laws are like tracks in the snow. They are evidence of tribal

activity”Will Mayo

Past President of Tanana Chiefs Conference

Tribal Court Codes

Ordinance- Code- Statute- Act

Codification

Terminology

Provide details for tribal government structures and procedures (I.e. tribal court structure, election procedures)

Outline the laws that the tribal government will enforce (I.e. curfew and vandalism of tribal property)

Regulate activities in the village (I.e. the taking of artifacts and environmental regulation)

Provide for a smooth flow of government and continuity between administrations

Promote respect from other governments and institutions

Protect Native cultural activities and traditions

Function of Tribal Codes

Two basic kinds of ordinances:

Those that set up structures and procedures for the tribal government enforced by tribal councils and by political pressure from tribal members

Those that regulate activities and behaviors, enforced by tribal councils and courts

Possible Tribal Codes Title 1: Tribal Government Structures and Procedures Title 2: Law and Order Title 3: Domestic Relations Title 4: Health and Safety Title 5: Land Management Title 6: Natural and Cultural Resources Title 7: Tribal Business Operations

Overview of Tribal Codes

Types of Codes:

Underage drinking Trespass Vandalism Theft Minor assaults Truancy Juvenile curfew Disorderly conduct Animal control Traffic - speeding and such Regulating firearm use in the village Alcohol regulation

Law & Order Codes

Health & Safety Codes

Types of Codes:

• Animal Control• Abandoned Vehicles• Nuisances• Fireworks• Environmental regulation• Solid waste• Littering• Burn barrels• Hazardous waste• Hazardous materials• Outhouses and human waste• Water quality

Types of codes:

Council powers over land issues Rights of tribal members and land use Acquisition of land procedures Managing tribally owned lands Tribal land assignments Land use planning policies and procedures

Land Management Codes

Types of Codes:

Child custody disputes and formalizing agreements Child protection Terminating parental rights Foster home licensing Adoptions Guardianships Marriage Divorce/annulment Probate Elder Protection Domestic Violence

Domestic Relations

Section 6: Court Structure

The Tribal Court will consist of a panel of judges. The Judges shall be appointed by a majority vote of the Tribal Council. At least two and no more than five judges will hear each case.

It shall be a preference that at least one elder judge presides over every case that comes before the Tribal Court.

Sample Tribal Court Codes: Court Structure

Kenaitze Tribal Court

Native Village of Barrow

Sample Tribal Court Codes: Court Structure

Native Village of Barrow

Section 4(A) Court Structure:

The Chignik Lagoon Tribal Court shall be composed of 7 Judges, who shall be the 5 Tribal Council members and two alternate Council members. The term of service for a Tribal Court Judges shall coincide with their term as a Council member or alternate member.

Sample Tribal Court Codes: Court Structure

Native Village of Chignik Lagoon

Section 1.2 Judiciary.

The Court shall consist of one Chief Judge and such associate judges as are appointed by the Tribal Council. To be eligible to serve as a judge, a person must be over the age of 25 and within the preceding five years not have been convicted of an offense involving dishonesty or impugning his/her moral character.

The judge shall hold office for a period of four years.

Sample Tribal Court Codes: Court Structure

Sitka Tribe of Alaska

Sitka Tribe of Alaska Native Village of Barrow Curyung

Sample Tribal Court Codes: Termination

Disclaimer and Credits

This project was supported by Grant No. 2012-AL-BX-K001 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 Justice and Delinquency Prevention, the Office for Victims of Crime, the Community Capacity Development Office, 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