Tribal Law and Policy Institute Publications

The Tribal Law and Policy Institute has developed a series of comprehensive publications. The Institute focuses upon collaborative programs that provide critical resources for tribal court systems, victims assistance programs, and others involved in promoting the improvement of justice in Indian country. The Institute seeks to facilitate the sharing of resources so that Indian Nations and tribal justice systems have access to low cost resources that they can adapt to meet the individual needs of their communities. The Institute seeks to establish programs which link tribal justice systems with other academic, legal, and judicial resources such as law schools, Indian law clinics, tribal colleges, Native American Studies programs, Indian legal organizations and consultants, tribal legal departments, other tribal courts, and other judicial/legal institutions. The underlying philosophy is that tribal courts and Indian people are best served by shared access to existing information and resources - so that each tribe and tribal justice system does not have to “reinvent the wheel.” In keeping with this philosophy, we believe that resources - especially resources developed under federal grants - should be freely accessibly on the Internet in order to maximize tribal access to these resources.

The following is a partial listing of current Institute publications - all freely available for downloading.

A Best Practice Approach for Tribal Advocates Working with Native Children who have Suffered Abuse suggests an approach to evaluating the needs of children who enter the child protection system and suggests a context for the evaluation that is culturally consistent with most tribal child rearing philosophies.

Perceptions of Methamphetamine use in three Western Tribal Communities: Implications for Child Abuse in Indian Country - Indian country lacks both a macro and micro study of child abuse and methamphetamines. Because so little is documented routinely by either law enforcement, social services or medical professionals in assessing risks and dangers to children from environments where meth is found, data is difficult to find. However, in an attempt to explore the increasing concerns raised by the emerging methamphetamine epidemic in Indian country, professionals from three Western Tribal communities were asked to complete a survey about their perceptions of meth us and implications for child abuse in the communities in which they worked. This study was funded through the Training and Technical Assistance grant that the Tribal Law and Policy Institute receives for Children’s Justice Act Partnerships in Indian Communities to assist tribes in addressing serious child abuse. The tribes and individuals that participated in the study were guaranteed anonymity due to the sensitive nature of the questions being asked. However, each Tribal Council provided permission for the surveys to be conducted within their service areas.

1. Sharing our Stories of Survival: Native Women Surviving Violence is a general introduction to the social and legal issues involved in acts of violence against Native women, this book's contributors are lawyers, advocates, social workers, social scientists, writers, poets, and victims. In the U.S. Native women are more likely than women from any other group to suffer violence, from rape and battery to more subtle forms of abuse, and Sharing Our Stories of Survival explores the causes and consequences of such behavior. The stories and case-studies presented here are often painful and raw, and the statistics are overwhelmingly grim; but a countervailing theme also runs through this extremely informative volume: Many of the women who appear in these pages are survivors, often strengthened by their travails, and the violence examined here is human violence, meaning that it can be changed, if only with much effort and education. The first step is to lay out the truth for all to see, and that is the purpose accomplished by this book.
2. Introduction to Tribal Legal Studies focuses on law developed by and for Indian Nations and Native people. It addresses the power of tribal courts and tribal legal systems as key to the exercise and expansion of tribal sovereignty. Richland and Deer discuss in depth the histories, structures and practices of tribal justice systems, efforts to balance tribal legal heritage and Anglo-American law, the scope of criminal and civil jurisdictions, child welfare and civil rights, traditional dispute resolution mechanisms in contemporary tribal law, models of peacemaking, and means for assuring integrity of tribal courts.
3. Tribal Criminal Law and Procedure examines the complex subject of tribal criminal law and procedure from a tribal perspective—utilizing tribal statutory law, tribal case law, and the cultural values of Native peoples. Garrow and Deer discuss in depth the histories, structures and practices of tribal justice systems, comparisons of traditional tribal justice with Anglo-American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. Tribal Criminal Law and Procedure will be an invaluable resource for legal scholars and students.

Office on Violence Against Women Publications

Tribal Domestic Violence Case Law: Annotations for Selected Tribal Cases Related to Domestic Violence is designed to assist tribal judicial officers in understanding how some tribal governments have handled certain legal issues within the context of domestic violence cases. While a great deal of research has been done on case law in the state systems, little to no analysis has been done on the tribal judicial approach to domestic violence. This compendium, developed as part of an overall code-writing workshop curriculum for tribal governments, will assist tribal legislators as well. Understanding how laws are interpreted by the court systems may impact the development of laws that provide safety to tribal citizens.

Tribal Healing to Wellness Court Publications

In July 1999, the Tribal Law and Policy Institute developed a Tribal Drug Courts publication entitled Healing to Wellness Courts: A Preliminary Overview of Tribal Drug Courts. This publication is a part of the Tribal Healing to Wellness Court Technical Assistance Project Resource Publication Series (Adobe Acrobat Reader is required to view these files). The full series is as follows:

• Healing to Wellness Courts: A Preliminary Overview of Tribal Drug Courts
  This publication (initially published in July 1999) provides an overview of Tribal Drug Courts or Tribal Healing to Wellness Courts. This overview discusses how the drug court concept is consistent with Native American concepts of justice and how the drug court concept can be adapted to meet the specific needs of individual Native American communities. It provides information concerning the background of the Tribal Healing to Wellness Courts movement, the unique role and importance of Tribal Justice Systems, adapting the term "drug court" for Trial Justice Systems, defining drug courts, and defining Healing to Wellness Courts. It then provides an overview of some of the critical issues and challenges faced by Tribal Healing to Wellness Courts, including the challenge of incorporating tribal custom and tradition, addressing the high volume of alcohol abuse cases, and addressing jurisdictional and resource limitations.
• Tribal Healing to Wellness Courts: The Key Components
  Tribal Healing to Wellness Courts: The Key Components is designed to provide suggested key components and recommended practices needed for Indian Nations and tribal justice systems to consider as they design, develop, and implement drug courts that meet the needs of their individual communities. The publication is organized around ten key components, adapted for Indian nations and tribal justice systems, which describe the basic elements that define Tribal Healing to Wellness Courts. The purpose of each component is explained, followed by several recommended practices that give guidance for implementing each component. Healing to Wellness Courts help to put misguided individuals back on track, on to a healing to wellness journey. As this publication sets forth, each tribal community and nation must define and describe the nature of this healing journey. Its direction and pathway must be guided by each Indian Nation's culture, tradition, common practices, and vision.
• Tribal Healing to Wellness Courts: Treatment Guidelines for Adults and Juveniles (Draft)
  Tribal justice systems have often become separated from the provision of healing services. Holistically, this separation of function has made it very difficult to deal effectively with the physical and spiritual healing that is fundamental to tribal tradition. Many tribes have begun the process of annexing their court systems with a range of treatment services that combine traditional healing with western treatment concepts through tribal drug courts - or healing to wellness courts. This publication examines guidelines that have been developed to provide tribal communities with an overview of substance abuse treatment strategies as they have been developed by drug court programs. Tribal programs might consider applying these treatment strategies along with traditional healing practices. These guidelines draw upon the experiences of hundreds of state adult and juvenile drug court programs, operating in various environments and serving a wide range of individuals addicted to alcohol and/or other drugs. This publication examines key issues in developing treatment, developing a wellness court treatment program, adapting treatment program components, special considerations regarding treatment services, strategies for maintaining sobriety (relapse prevention), and looking ahead. Please note that this is the first publication to comprehensively address the difficult and controversial issue of drug court treatment guidelines - consequently, this publication should also prove very useful for state drug courts.
• Tribal Healing to Wellness Courts: The Judge’s Bench Book (Draft)
  For every difficult demanding journey, one must have a leader. In a Healing to Wellness Court, that person is the judge. This bench book is designed to provide instruction and practical tools for judges in their efforts to guide those traveling on the road to wellness. It is designed to provide general guidance for judges, examples of court procedure, and tools to assist judges in their wellness court role. This benchbook is also useful for wellness court team members and community leaders who are interested in designing, creating, an implementing a wellness court program.
• Tribal Healing to Wellness Courts: Program Development Guide (Draft)
  Tribal Healing to Wellness Courts: Program Development Guide is a practical handbook for planning, implementing, and managing Healing to Wellness Courts (adult, juvenile, and family). This program development guide provides step-by-step recommendations for design, development, and implementation of Tribal Healing to Wellness Court programs from a practical standpoint. It is designed to assist steering committees and planning groups as they (1) use team-based  approaches; (2) gain knowledge of Healing to Wellness Court concepts; (3) incorporate the ten key components; (4) help establish policies and procedures suitable to the needs of the tribal community; (5) guide the court to integrate available resources; (6) develop interagency agreements; (7) incorporate a management information system to track participants and services; and (8) identify possible problem areas.
• Tribal Healing to Wellness Courts Operational Materials (with American University) (Please Contact American University for copies of this publication).

Tribal Children's Justice Act (CJA) Project Publications

As the training and technical assistance provider for CJA grantees, the Tribal Law and Policy Institute has developed resources and training materials to assist Tribes with the development of their projects. The Institute provides training for CJA grantees on the development of Child Protection Teams, Multi-disciplinary Teams, Mandatory Reporting of Child Abuse, and has assisted Tribes in developing other training efforts emphasizing local and regional resources available to address child abuse and child sexual abuse. Regional and national training events for CJA grantees are also provided and may focus on topics or skills, such as "Trauma and Tribal Children", "Investigations and Interventions in Child Sexual Abuse Cases in Indian Country", etc.

Understanding the Effects of Childhood Trauma on Brain Development in Native Children – By Eidell Wasserman, Ph.D. CJA grantees have requested information that will assist them in educating others about the impact of victimization and trauma on brain development in young Native children. This full color document is a summary of the current research, and includes graphics and several “story boxes” to help readers understand the scientific basis and provide practical information on how trauma affects children.

The concept of protecting children and families from various dangers is not new to most Native communities. In fact there have been standards and mechanisms in place, both cultural and societal, for eons that have guided how Native Peoples addressed safety of children and instructions for adults as to how they behaved with children. These practices have had a significant impact on preventing abusive and neglectful behavior from occurring. With these concepts in mind, the Tribal Law and Policy Institute has developed Child Abuse Protocol Development Guide that includes a workbook and sample protocols, forms and flow charts.

In response to frequent requests for information to assist non-Native people in responding appropriately to Native children and families when there are allegations or disclosures of child abuse and child sexual abuse, the Alaska office of the Tribal Law and Policy Institute has developed Tips for Non-Native Medical Providers Working in Alaska Native Communities This document is specific to medical personnel, but similar versions are also available for State child protection workers, CASAs, and victim advocates working with Native children. For more information, please contact Diane Payne, Children's Justice Specialist, at 907-770-1950 or .

Basic Guidelines for Forensic Interviewers in Child Sexual Abuse Cases in Indian Country and Alaska Native Communities by Roe Bubar, J.D., is intended to provide an overview of the primary considerations necessary in the interview process when allegations of child sexual abuse arise in Indian Country and Alaska Native communities. Forensic interviews are an important part of the investigative process, require specialized training and involve complex issues. This document outlines three areas of particular concern and is not intended to be a training tool that informs or guides the interview process.

Tribal Court CASA Court Appointed Special Advocate) Project Publications

The Tribal Court Appointed Special Advocate (CASA) Project was started in 1994 to assist in the development and enhancement of Tribal Court programs that provide volunteer advocacy for abused or neglected Native American children. The goal of the National CASA Association is to increase the number of Indian children who are receiving culturally sensitive representation through indigenous CASA programs in Tribal Court proceedings. The Project is advised by the Tribal Court Advisory Committee, whose purpose is to review and consult with National CASA Association on the development of Tribal Court programs, the best methods to assist the Tribal Court programs, and the best methods for adapting CASA to meet the needs of Native American communities. The National CASA Association, in conjunction with the Tribal Law and Policy Institute and the Tribal Court CASA Advisory Committee, has developed a series of tribal court specific resources, including:

• Introduction
• Tribal Court Advisory Committee
• Tribal Court CASA Guide to Program Development
• Tribal Court Guide Appendix
• Starting a Tribal Court CASA Program
• Recruiting Volunteers - Flyer

Office for Victims of Crime Monographs

Victim Services: Promising Practices in Indian Country (2004) is an OVC monograph  produced by the Tribal Law and Policy Institute that describes promising practices for assisting victims of violence and abuse in twelve Indian Country locations throughout the United States. Each description includes the program’s keys to success, relevant demographic data, and a contact for further information.

The Center on Child Abuse and Neglect (CCAN) provides a Native American topic specific monograph series. This project developed a series of booklets to assist individuals in better understanding issues affecting Native communities. The booklets increase the amount and quality of resource materials available to community workers so that they can assist Native American victims of crime and the general Native public. This project was funded by the Department of Justice, Office for Victims of Crime.

Improving the Relationship Between Indian Nations, the Federal Government, and State Governments, by Jerry Gardner
In order to effectively address criminal justice issues in Indian country and services for victims of crime in Indian country, it is vital that productive efforts are made to improve the relationship between Indian Nations, the federal government, and state governments. The first step required in any effort to improve these relationships is an understanding and recognition of the unique sovereign status of Indian Nations. Second, contemporary problems in the relationship between these governments should be examined. Third, recent examples of efforts to improve the relationship between these governments should be reviewed. Then, the potential use of written cooperative agreements - such as Memorandums of Understanding (MOUs) - to improve the relationship between these governments should be examined. Finally, practical tips for developing and implementing written cooperative agreements should be reviewed.

Public Law 280: Issues and Concerns For Victims of Crime in Indian Country, by Ada Pecos Melton and Jerry Gardner
Public Law 83-280 (commonly referred to as Public Law 280 or PL 280) was a transfer of legal authority (jurisdiction) from the federal government to state governments which significantly changed the division of legal authority among tribal, federal, and state governments . . .

Tribal Code Development Resources

The Tribal Law and Policy Institute has developed a comprehensive Tribal Legal Code Project which includes not only a comprehensive revised Tribal Housing Code, but also includes expanded tribal legal resource materials. These publications were developed for HUD's Office of Native American Programs (ONAP) after ONAP identified the need for resource information concerning additional related tribal codes in order to facilitate housing and community development in Indian country. These additional related tribal codes might include zoning, land use and planning, building, commercial, corporations, environmental review, and probate codes. The following is an overview of the resources contained within this Tribal Legal Code Project:

Tribal Legal Studies Resources

The Project Peacemaker Tribal Legal Studies Program was initiated in 1998 as a collaborative effort between the University of California, Los Angeles (UCLA) Native Nations Law and Policy Center, the Tribal Law and Policy Institute, and four tribal colleges (Turtle Mountain Community College, Salish Kootenai College, Diné College, and Northwest Indian College) to develop, pilot, and implement Tribal Legal Studies curricula at tribal community colleges. Project Peacemaker (Providing Education And Community Empowerment by Maintaining And Keeping the Earth and all our Relatives through Tribal Justice Systems) was initially funded through a grant from the U. S. Department of Education’s Fund for Improvement of Postsecondary Education (FIPSE) to UCLA.

The current phase of Project Peacemaker (including the development of Tribal Legal Studies textbooks) has been funded through a grant from the U.S. Department of Justice’s Bureau of Justice Assistance (BJA) to Turtle Mountain Community College.

The Tribal Legal Studies Program has been designed to provide a Legal Studies certificate program, a two-year Associate of Arts (A.A.) degree and/or Associate of Applied Science (A.A.S.) degree in Legal Studies, a possible four year Bachelor of Arts (B.A.) degree in Legal Studies, and to increase tribal college course offerings

The Project Peacemaker Tribal Legal Studies Program is designed to prepare students for employment with tribal governments and tribal court systems as judge, advocate (prosecutor, defender, or civil advocate), paralegal, victim advocate, court appointed special advocate (CASA), court administrator, court clerk, probation officer, social service personnel, law enforcement personnel, and other positions related to the administration of justice in Indian country. The target audience for the program includes students who plan a career working for tribal courts or governments, students with a specific interest in specific careers such as paralegals and victim advocates, professionals working in tribal government, and students planning further careers in law. The courses in the program are also available as in-service training for current tribal employees and the community at large. Moreover, the program serves as a gateway to those students who become interested in law school or other higher education opportunities.

The new courses that have been developed under Project Peacemaker include:

• Introduction to Tribal Legal Studies
• Tribal Criminal Law and Procedure
• Sharing our Stories of Survival: Native Women Surviving Violence
• Tribal Family and Juvenile Justice Systems
• Legal Research and Writing
• Tribal Constitution and Code Development
• Trial Skills Development
• Federal Indian Law
• Tribal Civil Law and Procedure
• Tribal Legal Studies Internships.

Tribal Legal Studies courses are also being offered through distance learning (Internet and satellite) by Turtle Mountain Community College, Northwest Indian College, and UCLA Extension.

Project Peacemaker is designed to enhance American Indian and Alaska Native communities and tribal justice systems on at least three different dimensions. First, it empowers tribal court staff (current and future) to provide leadership and shape their own futures and their communities by providing them with the legal knowledge, cultural knowledge, and advocacy skills needed to successfully complete this program and to go on to law school and other higher education opportunities. Second, it promotes tribal self-determination and enhances tribal sovereignty by strengthening, improving, and empowering tribal justice systems, and, thereby, building tribal capacity to create positive change and promote social and economic community development. Third, it strengthens the links between tribal courts and tribal community colleges by enriching the tribal college legal curriculum, enhancing their capacity to meet the needs of their communities and serving as gateways to higher education, and building partnerships between tribal colleges and mainstream institutions.