1 / 10

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

shaunna-kelleher
Download Presentation

John Harte, Mapetsi Policy Group

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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

More Related