California Tribal Courts/TCAP-BJA
About the Tribal Courts Assistance Program
The Bureau of Justice Assistance’s
(BJA) Tribal Courts Assistance Program (TCAP) is one of the
U.S. Department of Justice's primary
initiatives for providing court-related support to tribal justice systems. Since
fiscal year (FY) 1999, BJA has awarded 224 grants through a highly competitive
process. The goal of TCAP is to develop new tribal courts, improve the
operations of existing tribal courts, and provide funding for technical
assistance and training of tribal court staff. The objective in reaching this
goal is to help tribal governments develop, enhance, and continue operation of
tribal judicial systems, including intertribal court systems. In FY 2004, BJA
awarded 12 TCAP grants in California. Please see the
BJA Tribal Court Grantees Website for
more information.
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In August 2002, the Tribal Relations Committee of the
Conference of Chief Justices adopted a resolution entitled
Resolution 27: To Continue the Improved Operating Relations Among Tribal,
State, and Federal Judicial Systems. This resolution was intended to
endorse continued efforts to Build on Common Ground, including the
endorsement of the following three principles:
- First, tribal state, and federal courts should continue cooperative
efforts to enhance relations and resolve jurisdictional issues.
- Second, Congress should provide resources to tribal courts
consistent with their current and increasing responsibilities.
- Third, tribal, state, and federal authorities should take steps to
include cross-recognition of judgments, final orders, laws, and public
acts of the three jurisdictions.
Walking on Common Ground
(WalkingOnCommonGround.org) is the most recent effort - sponsored by the
Conference of Chief Justices and many other state, tribal, and federal
organizations - to build upon the earlier
Building on Common Ground effort. The Walking on Common Ground mission
statement is: Tribal, federal, and state justice communities join together in
the spirit of mutual respect and cooperation, to promote and sustain
collaboration, education, and sharing of resources for the benefit of all
people. Some important documents found on this site are:
-
Revised Tribal-State Collaboration Efforts
 (U.S. Department of
Justice, July 2003)
-
Teague Protocol
purpose is to effectively and efficiently allocate judicial
resources by providing a legal mechanism which clearly outlines the path
a legal dispute will follow when both a tribal court and a circuit have
jurisdiction over a matter. This protocol does not apply to any case in
which controlling law commits exclusive jurisdiction to either the
tribal court or the circuit court.
-
1993 Building on Common Ground Document
(Web
Version) - A Leadership Conference to
Develop A National Agenda to Reduce Jurisdictional Disputes Between
Tribal, State, and Federal Courts.
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The Tribal Law and Policy Institute received a grant through the
Northern Plains Tribal
Judicial Institute from the Bureau
of Justice Assistance to provide California specific training and technical
assistance for TCAP California grantees. The Institute worked
collaboratively on this project with:
Other
national TCAP training and technical assistance providers are:
Please note that the funding for this project ended in 2004. Although funding under this project has ended,
the Institute continues to provide
on-going activities, including:
- Maintenance and updating of the
California
Native Issues page on the Tribal Court Clearinghouse;
- Maintenance and updating of the
California Tribal
Courts/BJA page on the Tribal Court Clearinghouse;
- Maintenance and updating of the
California
TCAP RFP page on the Tribal Court Clearinghouse;
- On-going contact with California TCAP grantees;
- Notification of the California TCAP grantees concerning TCAP RFP's and
resources to assist with applying for TCAP RFP's - see
FY 2004 California Guide and
FY 2005 USET Guide
- On-going coordination with the NIJ PL280 study through UCLA and the
development of PL280 resources.
California TCAP grantees contact is Heather Valdez Singleton. Heather can be reached at 323-650-5467 or at .
California Orientation and Training, Held May 13-15, 2004
The Tribal Law and Policy Institute held an orientation and training for
California TCAP grantees on May 13-15 in Palm Springs. Most resource materials
provided at the conference are available on the conference CD-ROM. To order the
CA TCAP CD-ROM free of charge, please contact Heather at 323-650-5467 or .
Online Resources for California Tribal Court Development
Sample California Tribal Codes
Other Codes
Draft Memorandums of Understandings (MOUs)
Other Resources
Other Resources (PL 280, but
not California Specific) General Information
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