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John Harte, Mapetsi Policy Group

National American Indian Court Judges Association 43 rd Annual Meeting Mystic Lake Casino Shakopee Mdewakanton Sioux Reservation. John Harte, Mapetsi Policy Group. Federal Update: Overview. Tribal Court funding – status of FY 2013 funding

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John Harte, Mapetsi Policy Group

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  1. National American Indian Court Judges Association43rd Annual MeetingMystic Lake CasinoShakopee Mdewakanton Sioux Reservation John Harte, Mapetsi Policy Group

  2. Federal Update: Overview • Tribal Court funding – status of FY 2013 funding • Violence Against Women Act (VAWA) Reauthorization – status of competing House and Senate bills

  3. VAWA Reauthorization – timeline • Issue = Oliphant gaps in crime, non-Native DV/SA, misdemeanors fall through cracks, violence escalates • Goal = ltd. Oliphant fix, clarify civil protection orders • Feb-June 2011 = DOJ consults with tribes • Nov. 2011 = SCIA / SJC introduce bills • Mar.-Apr. 2011 = SCIA / SJC advance bills, Senate passes S. 1925 (Section 904, 905) • May 2011 = House passes HR 4790, omits jurisdictional provisions (Sec. 904, 905) • Bill remains stalled

  4. VAWA Reauthorization – text • DOJ consultations resulted S. 1925 & SAVE Act • Bills restore tribal criminal jurisdiction over all reservation-based DV, including non-Indians who work or live on-reservation + relationship with the victim • Tribal courts must provide ICRA + TLOA enhanced sentencing protections + • Non-Indians eligible to sit on jury • “all other rights necessary under the U.S. Constitution” • Petition to stay (expedited habeas)

  5. VAWA Reauthorization - Players • SCIA, SJC, HCJ, HNR – IANA Subcommittee • Tribal leaders, tribal organizations • DV/SA advocates • Tribal justice officials = courts, LE, corrections • Former U.S. Attorneys • ABA, FBA • ACLU • NACDL, criminal defense lobby • Heritage Foundation, Anti-sovereignty groups

  6. VAWA Reauthorization – Arguments for Fix • Statistics • Federal / State failures to address Reservation domestic violence • Combat crime locally • Civil rights / criminal justice for Native women • Constitutional + Congressional obligation

  7. VAWA Reauthorization – Arguments Against • Unconstitutional • Burden federal courts with habeas petitions • Tribes are “racially defined institutions” • Tribal courts inherently unfair • No “due process” • No separation of powers • Anti-tribal court anecdotes / “mass tribal expulsions” • Election-year politics • Problem doesn’t exist = Statistics (SD AG study) • Solution = expand PL 280 to all of Indian country

  8. Status of VAWA Reauthorization • Procedural problems = “blue slip” • Todd Akin • Election year politics • November to December “lame duck” session • 113th Congress

  9. Tribal Court Funding FY 2013 • Sept. 28th = 6-month CR (March 2013) • BIA Tribal Courts (TPA) = $25M • BIA Tribal Justice Support = $5M • DOJ CTAS = $110M (TCAP, IASA (substance abuse), justice centers, alternatives, juvenile justice) • DOJ – JAG = $630k • Remaining 6 months in hands of 113th Congress • DOJ Budgets = 7% tribal set-aside all BJA funding • Sequestration = possible 8% + cut to all domestic

  10. CONCLUSION • Federal and state control of reservation crimes has not worked for more than a century. • Tribal communities must fight to restore local control to tribal communities. • U.S. must fully fund tribal justice systems • Advocate for your justice systems

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