NATIONAL AMERICAN INDIAN COURT JUDGES ASSOCIATION

Transcription

1 NATIONAL AMERICAN INDIAN COURT JUDGES ASSOCIATION Emerging Practices in Civil Legal Assistance and Criminal Indigent Defense January 13, :00 3:30 p.m. (MST)

2 Thank you for joining the webinar This webinar series is supported by Grant No AL-BX-K002 awarded by the U.S. Department of Justice, Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Under this award, points of view or opinions in webinars, documents, or publications are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice. All attendees have been muted. This webinar is being audio cast via the speakers on your computer. If you want to join by phone, dial the call-in number listed: On your registration ; or In the Event Info tab on the top left hand of your screen

3 If you would like to ask a question please use the Q & A or Chat features found on the right side of your screen. The webcast and slides from this webinar will be ed to all attendees shortly after the session.

4 Moderators Nikki Borchardt Campbell, Program Administrator National American Indian Court Judges Association Francine Jaramillo, Staff Attorney American Indian Law Center, Inc. Presenters Alex Sierck, Project Director Center for Holistic Defense, Bronx Defenders Ann Sherwood, Attorney Defenders Office of the Confederated Salish and Kootenai Tribes

5 The National American Indian Court Judges Association TTA Provider under the Tribal Civil and Criminal Legal Assistance Program Planning and Coordination Meeting in 2012 Emerging Practices webinar series

6 The Need for Indigent Defense in Tribal Communities Indian Civil Rights Act of 1968 (ICRA) Tribal governments cannot enact or enforce laws that violate certain individual rights. Defendants rights, include: freedom from punishment greater than imprisonment for one year and a fine of $5,000 or both; and the right to be assisted by a lawyer in all criminal cases, at one s own expense. Tribal Law & Order Act of 2010 (TLOA) Tribal Courts may exercise enhanced sentencing authority. Protections for accused where Defendant subject to 1 year or more imprisonment, include: licensed counsel for indigent defendants; licensed/law trained judges; tribal criminal laws, rules of evidence, and rules of criminal procedure must be published; and proceeding must be recorded.

7 Violence Against Women Reauthorization Act of 2013 Title IX: Safety for Indian Women Authorizes tribes to criminally prosecute non-indians for the crimes of domestic violence, dating violence, and the violation of protection orders. Tribes must provide defendants certain enumerated due process protections, including: most of the protections required in TLOA; a fair cross-section of the community in jury pool and not systematically exclude non-indians; and inform defendants ordered detained by a tribal court of their right to file federal habeas corpus petitions.

8 Growing demands and limited resources Indigent providers are underfunded and understaffed. Increased caseloads. Insufficient resources. Defendants lack proper guidance about their rights, charges, potential sentences and collateral consequences.

9 Criminal Defense Civil Action Family Defense Policy & Community Development Social Work

10 A Broader Understanding Of What it Means to be a Lawyer

11 THE 4 PILLARS OF HOLISTIC DEFENSE Seamless access to services that meet clients legal and social needs Dynamic, interdisciplinary communication Advocates with interdisciplinary skill set Robust understanding of and connection to, the community served

12 TEAM BASED MODEL Criminal Defense Practice Family Defense Practice Team Social Work Civil Action Practice

13 TEAM BASED REFERRAL SYSTEM Civil Action Practice Family Defense Practice Investigation Criminal Defense Attorney Social Work

14 Grant awarded to The Bronx Defenders by The Department of Justice Bureau of Justice Affairs Purpose: To provide Technical Assistance to Public Defender Offices around the country who are striving to be more holistic in their representation

15 TECHNICAL ASSISTANCE Site Visits To The Bronx Defenders To the recipient s office Creation of a 12-month plan Focus on one aspect of Holistic Defense to develop Creation of a Needs Assessment Instrument Collection of Data Ongoing Advice & Assistance

16 Criminal Defense Civil Action Family Defense Policy & Community Development Social Work 860 Courtlandt Avenue Bronx, New York (718)

17 Use of Existing Resources to Provide Holistic Defense: CSKT Defenders A N N S H E R W O O D M A N A G I N G A T T O R N E Y D E S I R E E F O X C A S E M A N A G E R, C L I N I C A L P S Y C H O L O G Y T R A I N E E T R I B A L D E F E N D E R S O F F I C E C O N F E D E R A T E D S A L I S H A N D K O O T E N A I T R I B E S

18 Flathead Reservation 1.3 million acres in northwest Montana primarily in Lake County, 23% Native American Home to the Salish, Kootenai and Pend d Oreilles 7,779 tribal members, 5,180 live on the reservation

19 CSKT Tribal Complex

20 Addressing Recidivism with Holistic Defense 2009: Received BJA funding for a Mental Health Collaboration Program 2011: Received technical assistance from the Center for Holistic Defense Developed a team approach to provide seamless access to justice with criminal and civil assistance Redefined positions allowing each staff person to contribute to client services by utilizing their particular knowledge and strengths

21 Legal secretary greets our clients, offers food, phone and a place to be, makes reminder calls and is the office stylist

22 Office administrator created and coordinates a bad checks diversion program

23 Civil attorney and advocate administer pro se clinic, address collateral consequences, provide intake for walk-ins

24 Criminal advocate administers the driver s license diversion and cultural mentoring programs

25 Criminal defense, juvenile defense and appeals

26 Psychology and social work

27 Creating a Program to Fit the Community 1. We used existing resources to meet clients legal and social needs 2. We used staff meetings to start interdisciplinary communication and collaboration 3. Collaborative efforts among staff promoted advocates with interdisciplinary skill sets 4. We formed a community clinic to understand and connect to the community and we adapt to change

28 Intake Walk-in clinic Pro se assistance Standardized forms Computers to draft pleadings Assistance with process Information referral Access to an advocate or attorney to answer questions

29 Pro se clinic

30 Assistance with Collateral Consequences Eviction due to criminal charges Licensing issues Employment Reentry Outreach to inmates Child protection issues Eligibility for financial assistance Registration issues

31 Cultural Mentoring Volunteer tribal elders mediate and counsel Dispute resolution Promote connection to the tribal community Provide access to the culture committees Divert criminal cases

32 Community Outreach

33 Tribal Defenders at the Standing Arrow Pow Wow

34 Dancers at Standing Arrow

35 Collaborations Tribal behavioral health Tribal police State public defenders University of Montana Social work Clinical psychology Law school/indian Law Clinic New collaborations: plaintiffs attorneys, case management/mental health services

36 Tribal Defenders sue the Ronan Police CSKT Public Defenders join Ronan lawsuit Concerned with community safety PABLO A group of attorneys, including the CSKT Public Defenders Office, recently filed a civil rights lawsuit on behalf of Lake County resident and Tribal member, Anthony Chaney, for a harmful law enforcement situation created by the City of Ronan Police Department and its police chief. The lawsuit also applies to others who were subject to search and seizure by Trevor Wadsworth or other ineligible peace officers acting as City of Ronan Police Officers. An estimated 100 plus people were likely impacted by these untrained officers.

37 Educating the community Enrollment, living wills big topics at St. Ignatius District Meeting By Adriana Fehrs ST. IGNATIUS Tribal Council representative Patty Stevens held a monthly tribal district meeting on May 21, Wednesday night. Wills, living wills, power of attorney, and enrollment were discussed. Stevens says, We ve had a couple of people asking to have someone come in a talk about wills. I think it can be confusing, so I brought in some individuals from the Tribal Defenders to answer questions. Justin Kalmbach, CSKT Tribal Defender s Office civil attorney, clarified a few important aspects of wills and living wills. Nominating a single person to carry out your final wishes is the first step in making a will, he informed the group Tribal Defenders: rate of Native American incarceration 'shocking' By Adriana Fehrs PABLO CSKT Tribal Defenders hosted a movie luncheon on Tuesday July 1. The movie presentation focused on incarceration in the U.S., and Tribal Defenders Ann Sherwood and Justin Kalmbach invited special guest Jim Taylor, Montana American Civil Liberties Union (ACLU) Legal Director, to give some shocking statistics of incarcerated Native Americans.

38 Diversions Driver s licenses Bad checks Cultural mentoring Mediation Mental health intervention

39 May 18, 2014 Painting Project

40 Case Management Services Case Management Comprehensive needs assessment Assistance to find housing and problem solving Assistance with transportation Access to social and financial services Access to employment Access to educational interests Supportive services/resource identification Assistance with court-ordered recommendation completion Collaboration

41 Mental Health Services Variety of Referral Sources Assessment Chemical Dependency and/or Mental Health Accessibility Crisis assessment/intervention Counseling Services Peer Education/Psychoeducation Present various psychological topics in office staff meetings Consultation with defenders and advocates Collaboration

42 Outcomes Of 67 clients served through the Defenders mental health collaboration program: 80.5% had 3 or fewer subsequent offenses 48% had zero recidivism (no new offenses) Of 54 clients served through the Defenders cultural mentoring program 35 have not reoffended Of 186 clients charged with Driving While Suspended or Revoked 32 obtained valid licenses through the Defenders license restoration assistance

43 Lessons learned Services first Open door policy Collaboration Recidivism reduction is not the only measure of success The answers to an overloaded criminal justice system are more complicated than punishment can cure Clients have basic needs that, if met, will make them more successful Listen to the experts: psychologists and social workers

44 What CSKT Defenders still need to do Data collection More resources for reentry Expansion of diversions, especially for juveniles Increase education to pro se litigants More community outreach that goes directly to our clients Increase access to medical, mental health and chemical dependency resources for our clients Decrease the number of mentally ill who still cycle through the system for status related offenses

45 Opportunities for Tribal governments Public Defense services As tribes look to expand jurisdiction consider public defender services rather than contracted counsel With limited resources tribes can still offer criminal representation and civil assistance Clients who understand the proceedings and believe they were treated fairly will more likely be successful Consider that diversion programs or special services to the accused may best be offered by your public defenders

46 What public defenders can do with limited resources Become a resource for your community Exploit the knowledge and strengths of your staff Utilize the wealth of resources among your people Be part of the solution in the criminal justice system Be willing to change and evolve to suit your clients needs Apply for grants Apply for assistance from the Center for Holistic Defense

47 Contact Ann Sherwood Desiree Pierre Fox Tribal Defenders Confederated Salish and Kootenai Tribes P.O. 278 Pablo, MT (406) ext

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49 Thank You! National American Indian Court Judges Association 3300 Arapahoe Ave, Suite 206 Boulder, CO Tel. (303) Fax (303) American Indian Law Center Inc. P.O. Box 4456 Albuquerque, NM Tel. (505) Fax (505)

50 Panelist Bios Alex Sierck graduated cum laude from the University of Michigan Law School in 1997, serving as Articles Editor for The Michigan Journal of Race and Law and spending his summers at the Federal Defender Office for the Eastern District of New York and at the NAACP Legal Defense Fund. Upon graduating from law school, he worked as a staff attorney at the Criminal Appeals Bureau of The Legal Aid Society in New York. He then joined New York s Capital Defender Office where he was a member of the legal team that successfully represented the first person convicted and sentenced to death under New York s then newly-reinstated death penalty statute in his appeal before The New York Court of Appeals. In 2000, Alex joined The Legal Aid Society s Criminal Defense Division in Manhattan and spent the next six years representing poor people and conducting hearings and trials in all manner of criminal cases. During that time he was also a member of Legal Aid s Juvenile Offender Team, specializing in the representation of youths charged criminally as adults. Alex later lived and worked in San Francisco, representing death-sentenced individuals in federal habeas corpus proceedings and capitally-charged individuals in federal court. While in California, he also taught as an adjunct professor at a local law school and pursued graduate studies at UC Berkeley s Graduate Theological Union. Alex graduated cum laude from Carleton College with a degree in philosophy and spent several years before law school working as a community worker at The Neighborhood Defender Service of Harlem.

51 Panelist Bios Ann Sherwood has been an attorney with the Defenders Office of the Confederated Salish and Kootenai Tribes for eighteen years. She has been the managing attorney for the past nine years and maintains a criminal caseload. Ms. Sherwood has been instrumental in utilizing cultural resolutions to criminal charges. During her tenure, the office has implemented an innovative in-house service for clients with co-occurring mental health and chemical dependency and adopted a holistic defense practice with assistance from the Center for Holistic Defense sponsored by the Bronx Public Defenders Office in New York. Ms. Sherwood currently serves on the Public Defender Commission for the State of Montana.