South and East Tribal Courts/TCAP-BJA
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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 training and technical assistance for South
and East Tribes and Tribal Courts, including both (1) training and technical
assistance for TCAP grantees and (2) capacity building for non-TCAP grantees.
Other
national TCAP training and technical assistance providers are:
The Institute has established a formal collaborating partnership on this
project with:
- The
Center for Indigenous Law, Governance Citizenship at
Syracuse University School of Law is a
research based law and policy institute focused on Indigenous nations, their
development and their interaction with the U.S. and Canadian governments.
Syracuse University College of Law, Suite 263 E.I., White Hall, Syracuse, NY
13244 315-443-9558
- The Native
Nations Law and Policy Center at UCLA
School of Law whose mission is to support Native nations throughout the
United States in developing their systems of governance and in addressing
critical public policy issues and to apply the resources of state-supported
education together with tribal expertise to address contemporary educational
needs for Tribes. The NNLPC includes the following programs and
projects: Research and Publications;
Tribal Legal Development Clinic; Instructional and Training (Tribal
Learning Community and Educational Exchange) University of California, Los
Angeles, School of Law, Box 951476, Los Angeles, CA 9009
- American Indian Development Associates
(AIDA) is a comprehensive resource for tribal, state, & federal agencies,
service providers, and community members seeking information related to
juvenile crime, violence and victimization issues in American Indian and
Alaska Native communities. 2401 12th St., NW, Suite 212, Albuquerque, NM
87104 (505) 842-1122; Fax: (505) 842-9652.
The Institute has also been working informally with the Eastern Tribal Court
Judges Association and the United South and Eastern Tribes (USET)
Tribal Justice Committee.
BJA sponsored trainings
All TCAP grantees are strongly encouraged to attend BJA sponsored trainings.
Please see the 2005 BJA TCAP Training Calendar for upcoming BJA sponsored
trainings. For additional information on BJA sponsored trainings, please contact
Karrie Azure-Elliott at the Northern Plains Tribal Judicial Institute at
elliott@law.und.edu and 701-777-6306.
South and Eastern Tribes
Most South and Eastern Tribes are members of the
United South and Eastern Tribes (USET). United South and Eastern Tribes,
Inc. is a non-profit, inter-tribal organization that collectively represents its
member Tribes at the regional and national level. USET has grown to include
twenty-four federally recognized Tribes, operating through various workgroups
and committees and providing a forum for the exchange of ideas and information
amongst Tribes, agencies and governments. In addition to the four initial 1968
USET Tribal members (Eastern Band of Cherokee, the Mississippi Band of Choctaw,
the Miccosukee Tribe and the Seminole Tribe of Florida), USET now includes:
-
Chitimacha Tribe of Louisiana, 1971
- Seneca
Nation,1972
-
Coushatta Tribe of Louisiana, 1974
- St. Regis Band of Mohawk Indians, 1976
- Penobscot Indian Nation and the Passamaquoddy Tribes, 1979
- Houlton Band of Maliseet Indians, 1981
- Tunica
Biloxi Tribe of Louisiana, 1984
- Poarch Band of Creek Indians, 1984
- Narragansett Indian Tribe, 1984
-
Mashantucket Pequot Tribe, 1984
-
Wampanoag Tribe of Gay Head (Aquinnah), 1987
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Alabama Coushatta Tribe of Texas, 1989
- The Oneida Indian Nation, 1991
- Aroostook Band of Micmac Indians, 1992
- Catawba Indian Nation, 1993
-
Jena Band of Choctaw, 1995
-
Mohegan Tribe of Connecticut, 1996
- The Cayuga Nation, 2000
United South and Eastern Tribes
Inc. (USET) is dedicated to promoting Indian leadership, improving the quality of life
for American Indians, and protecting Indian rights and natural resources on
tribal lands. Although its guiding principle is unity, USET plays a major role
in the self-determination of all its member Tribes by working to improve the
capabilities of Tribal governments.
Online Resources for South and East Tribal Justice SystemsTribal Court Websites
Penobscot Nation Tribal Court is the judicial system of the Penobscot
Nation in Maine. This site is part of
Wabanaki Legal News - a newsletter of Pine Tree Legal Assistance. It
contains
A Self-Help Guide to the Tribal Court System which includes the
following sections:
South and Eastern Tribal Codes
Draft Memorandums of Understandings (MOUs)
Other Resources
General Information
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