Gloria Valencia-Weber, Emerita Professor of Law, UNM School of Law Helen B. Padilla, Esq., Director, AILC

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1 Gloria Valencia-Weber, Emerita Professor of Law, UNM School of Law Helen B. Padilla, Esq., Director, AILC

2 Three Integrated Statutes: - Indian Civil Rights Act of 1968, 82 Stat. 77 (Amended 2013 at 25 U.S.C (a)) A Tribal Sovereign s Choice, Not required by Federal Law : - Tribal Law and Order Act, Pub. L (2010) - Violence Against Women Reauthorization Act of 2013, Pub. L (effective March 7, 2015)

3 Provide licensed and law trained defense attorney for indigent defendants. Provide licensed and law trained court judge. Publish criminal law, rules of evidence, criminal procedure Record criminal proceeding, audio or other

4 *Non-Indian Defendant with required domestic relationship with tribal victim. Use Jury pool that includes non-indians, no discrimination. Provide timely notice of habeas corpus privilege/ right in federal court

5 Your Court system is your first line of exercising your Tribe s authority. Your Justice system interprets and enforces tribal law on a daily basis through civil and criminal cases. Tribes must continue to develop tribal courts that expressly and fairly address the important matters being heard and decided.

6 Access to Justice Expedition and Timeliness Equality, Fairness, and Integrity Independence and Accountability

7 Tribal courts should be open and accessible. This includes conducting hearings in open court, so all community members and court users can view proceedings. Location, physical structure, procedures, and the responsiveness of personnel affect accessibility.

8 Tribal courts should eliminate unnecessary barriers, whether geographic, economic, or procedural. These barriers can include deficiencies in language and an individual s lack of knowledge regarding court processes. Psychological barriers can be created by complicated or intimidating court procedures.

9 Unnecessary delay causes injustice and hardship. It is a primary cause of diminished public trust and confidence in a court. The repercussions from untimely court actions to all parties, defendants, and court users can have serious consequences.

10 Courts are entrusted with many duties and responsibilities that affect individuals and organizations involved with the justice system, including litigants, jurors, attorneys, witnesses, criminal justice agencies, social service agencies, and members of the public subject to the tribal court s jurisdiction.

11 There should be a fair and reliable judicial process that ensures equal justice for all under the law. Tribal courts should provide due process and equal protection of the law to all who have business before them. Integrity should characterize the nature and substance of court procedures and decisions, and their consequences.

12 The decisions and actions of a tribal court should adhere to the duties and obligations imposed on the court by relevant law as well as administrative rules, policies, and ethical and professional standards. A tribal court s performance is diminished when its mechanisms and procedures are ineffective or nonexistent.

13 Performance also is diminished when summonses, notices, and orders for payment of fines or restitution are routinely ignored. There should be a fair and reliable judicial process that ensures equal justice for all under the law.

14 Independence and accountability permit government by law, access to justice, and the timely resolution of disputes with equality, fairness, and integrity. The tribal judiciary must assert and maintain its distinctiveness from other parts of tribal government to the greatest extent possible under tribal law.

15 Within the organizational structure of the judicial branch, and also within traditional court systems, tribal courts must establish their legal and organizational boundaries, monitor and control their operations, and account publicly for their performance. Courts must both control their proper functions and demonstrate respect for their coequal branches in government.

16 Judicial independence protects individuals from the arbitrary use of government power and ensures the rule of law. It also defines court management and legitimates its claim for respect. A tribal court possessing institutional independence and accountability protects judges from unwarranted pressures.

17 Independence is not likely to be achieved if the tribal court is unwilling or unable to manage itself. Proper funding and staffing of a tribal court is not comparable to funding tribal programs, but rather it is providing a strong foundation for an integral component of your Tribe s ability to exercise sovereign authority.

18 The tribal court must establish and support effective judicial leadership, operate effectively within the tribal government, develop plans of action, obtain resources necessary to implement those plans, measure its performance accurately, and account publicly for its performance.

19 AILC is contractor for BIA, OJS, TJS conducting assessments in District IV Various contractors conducting assessments throughout Indian Country Utilizing Trial Court Performance Standards model, adapted for tribal courts One time funding may be available based on needs supported by the assessment.

20

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