Tribal Courts Council

A Message from the Tribal Courts Council Chair

Dear Members of the Tribal Courts Council:

Chair The first few months of 2009 have been very busy. So far this year I have attended the Miccosukee Indian Law update in Miami, Florida and the Tribal section conference for the Federal Bar Association in Santa Fe, New Mexico. Both meetings were well attended and I had the opportunity to meet with representatives from the National Native American Bar Association, NCAI, Native American Rights Fund as well as other attendees.

As many of you are aware, our goals for this year are to increase membership in the Tribal Courts Council; educate the judiciary on Native American issues; and assist in promoting diversity in the judiciary through appointment of at least one Native American to the federal bench. To that end I have invited members of Oklahoma State, University of Arizona, University of New Mexico law schools and other schools that have traditionally promoted Native American legal education and students to meet with me, in the near future, to discuss student membership in the division.

Additionally, during the recent Federal Bar conference I was able to meet with the NNABA and NARF. NCAI, NARF and NNABA are currently working to compile a list of Native Americans who are interested in being suggested as possible candidates for federal judicial nomination. The goal of the collaborative effort would be to identify qualified and interested applicants that could then be provided to Congress and the President for nomination. I can tell you from personal experience that the Senate and House Judiciary committee representatives have related to me that they are unaware of any qualified applicants for the judiciary who are Native American. It is my hope that any member of the Council might assist in this endeavor by providing names of qualified persons or encouraging others to apply and join the list. I will continue to work with these groups in compiling the list and encouraging them to join the Tribal Courts Council.

In April attended the annual "ABA Day" in Washington, D.C. representing the Judicial Division National Conference of Specialized Court Judges. Rest assured I addressed the lack of Native American presence in the judiciary to each Senator and member of Congress that I met. I was scheduled to meet with Senator Mel Martinez, Congressmen Heath Shuler, Robert Wexler, Alcee Hastings and Congresswoman Ileana Ros-Lehtinen among others. I am hopeful that my prior personal relationships with them will help bring them aboard for our cause.

Finally, last year we were fortunate enough to put on a terrific joint program titled “Maze of Injustice” at the ABA annual meeting in New York City. Attendance at the program was standing room only and could not have been accomplished without the tireless work and efforts of the ABA staff and Judges Linda Murnane and Matthew Martin. I wish to formally thank them for their efforts and the assistance and support of Amnesty International in putting on a tremendous program.

In the coming months we will be coordinating efforts to put on additional programs with other divisions of the ABA that share legal issues relevant to Native American topics. It has been suggested that the Family Law Section, Criminal Justice Section, and others would be appropriate for joint sponsorship of programs that touch divisional and Native American issues. I will keep everyone posted as these areas develop.

I will also write a follow up article to the Judicial Division Judges’ Journal quarterly magazine published last fall titled, “Equal Justice: the Case for Strengthening Inherent Tribal Sovereignty”. The follow up article will hopefully be in the summer edition and will focus on the need for a Native American presence to achieve diversity on the federal bench.

Thank you all again for your support and assistance in making the Tribal Courts Council such a successful part of the Judicial Division. Please encourage others to join our group and feel free to contact me with any suggestions regarding ideas for future programs or issues.

Robert O. Saunooke
Tribal Courts Council Chair

Upcoming Activities, Meetings and Programs

Business Meeting
Thursday, July 30, 2009
11:00 – 1:00 p.m.
Holland+Knight
131 South Dearborn Street
Chesterfield Smith Boardroom

The ABA Section of Individual Rights and Responsibilities Presents: Forum on Urgent Native American Issues
Thursday, July 30, 2009
9:00 – 11:00a
Holland and Knight
131 South Dearborn, 30th Floor l
Chicago, IL 60603

The forum will focus on several critical issues affecting American Indian and Alaska Native tribes: Law Enforcement in Indian Country and Role of Tribal Courts; Tribal Governmental Gaming; Indian Health Care Reform and Tribal Self-Governance; Status of Alaska Native Villages; Emerging Trends in Federal Indian Tax Policy; Congressional Perspectives on Indian Issues; A Survey of Tribal Court Judicial Ethics and Professional Responsibility Requirements.

For more information contact Patrice McFarland at mcfarlap@staff.abanet.org.

This program is cosponsored by the Judicial Division Tribal Courts Council

Past Programs

Maze of Injustice: The Failure to Protect Indigenous Women from Sexual Violence in the USA
Saturday, August 9, 2008
Marriott Marquis
What if there were places in the United States of America where the Rule of Law only applied to certain individuals or did not exist? A place where, before a sexual assault prosecution could be initiated, the prosecutor asked, “How severe is the crime and what is the ethnicity of the victims and defendants?” What if there were places where one out of every three Native women can expect to be raped in their lifetime? Or where rapists had little, if any, fear of apprehension, prosecution or incarceration? What if the systems of justice in these places were so compromised that Amnesty International* had to issue a report detailing the injustices? There are such places in the United States - Indian country.

A diverse, world class group of experts guided participants through the Maze:

Robert O. Saunooke, Esq., Saunooke Law Firm, P.A., an enrolled member of the Eastern Band of Cherokee Indians (EBCI) moderated the panel. Mr. Saunooke practices almost exclusively in Indian Country. He has worked with the Department of Justice under VAWA (Violence Against Women Act) as a technical assistance provider. Panelists include: Professor Gavin Clarkson, JD, Ph.D., University of Michigan School of Law and an enrolled member of the Oklahoma Band of Choctaw Indians; Mr. Gary Fields, an investigative reporter for the Wall Street Journal who has written a series of groundbreaking articles on this national disgrace; James W. Kilbourne, Esq., former long time Prosecutor for the EBCI and an expert in criminal jurisdiction in Indian Country; Professor Bonnie Clairmont, a resource for the Amnesty International report; Gretchen C.F. Shappert, Esq., United States Attorney for the Western District of North Carolina and the current Chair of the Attorney General's Native American Issues Sub-Committe.

*Amnesty International is a worldwide movement in over 150 countries that campaigns for internationally recognized human rights to be respected and protected. The Program name is used with permission from Amnesty International.

Cosponsorships

Concerns of Tribes in New York
Sunday, August 10, 2008
Hilton New York
This program is sponsored by the Individual Rights and Responsibilities and cosponsored by the Judicial Division

September 6 & 7, 2007 the Tribal Courts Council cosponsored the 2nd Annual Conference on Stalking, The Brain - Love, Sex, Obsession and Narcissism: When Things go Awry. The program was presented by T.K. Wolf, Inc. and held in Tulsa, OK. The purpose of the conference was to bring together local, state and national leaders to better understand the brain mechanisms involved in stalking in order to respond better to stalkers and their victims.

Walking on Common Ground: Pathways to Equal Justice 2005 National Gathering
July 27-29, 2005
Green Bay, WI

The Tribal Courts Council cosponsored The Third Annual Doing Business in Indian Country
March 9-10, 2006
Oklahoma State University

About Us

The Tribal Courts Council is devoted to the recognition and enhancement of American Indian Tribal courts and the judges thereof. Today, many believe that American Indians have become a neglected and often forgotten minority. Tribal Court justice systems in the United States for many are unknown, misunderstood or ignored. The same is true of the many contributions to our unique democracy made by the democratic governments of Native Americans before and during the time of the Founding Fathers of the United States of America.

The very first Tribal Court Litigation Update of selected tribal court decisions from across the country prepared for inclusion in the Federal Bar Association's 31st Annual Indian Law Conference held in Albuquerque, New Mexico.

Tribal Court Litigation Update 2

Join the Tribal Courts Council

Become a member of the Tribal Courts Council and give Tribal Courts a voice in the American Bar Association. (View the current council roster). If you are already a member of the ABA Judicial Division, you may complete the membership form now. Fax forms should be sent to (312) 988-5709. If you are not a member, please call (800) 285-2221 or visit the ABA Membership homepage to join the ABA and the Judicial Division. You may then return to this site to complete your Tribal Courts Council form.

ABA Supports Tribal Justice Issues

The American Bar Association (ABA) enacted a resolution in support of adequate, stable, and long term funding for Tribal Justice Systems funding on August 12, 2008. The following is the text of the resolution: "RESOLVED, That the American Bar Association urges Congress to support quality and accessible justice by ensuring adequate, stable, long-term funding for tribal justice systems." Click here to view the report.

Contact Information

Contact Gilda Fairley at fairleyg@staff.abanet.org
321 North Clark Street, 19th Floor • Chicago, Illinois • 60654-7598 | T: 800.238.2667 x5689 | F: (312) 988 5705

Recent Articles and Press Releases

"ABA Summit to Shake Legal Profession Out of 'Diversity Fatigue'."

"Equal Justice?"

"Indian Law on the Bar Exam Benefits Everyone."

"Federal Malpractice in Indian Country and the "Law of the Place": A Re-examination of Williams v. United States Under Existing Law of the Eastern Band of Cherokee Indians."

Other Tribal Justice Issues

ABA 2009 Diversity Summit State of Diversity in the Legal Profession Survey

For additional summit information, visit www.abanet.org/diversity or contact the ABA Diversity Center at diversity@staff.abanet.org or 312.988.6086.

Testimony of Mary L. Smith Before the ABA Presidential Diversity Initiative Fact-Finding Hearing, February 12, 2009

Latest version of Senator Dorgan’s Tribal Law and Order Bill that includes reauthorizations for Indian Tribal Justice Act, Tribal Court Assistance Program (TCAP), and PL 106-559

Amnesty International issues One year Update to Maze Of Injustice Report (July 15, 2008) Amnesty International released a One Year Updateto its initial April 25, 2007 Report entitled "Maze of Injustice." Native women are victimized at 2.5 times the rate of other racial and ethnic groups. Their attackers are more likely to be non-Native, according to government statistics. But tribal governments are hindered by federal law and court decisions. They cannot prosecute non-Natives and they cannot impose a sentence greater than one year or fines of greater than $5,000. State and federal governments can prosecute non-Indians. But Native women advocates say the crimes often go unprosecuted. "Maze of Injustice: The failure to protect Indigenous women from sexual violence in the USA" focuses on three areas: Oklahoma, Alaska and the Standing Rock Sioux Reservation in North and South Dakota. It contains the stories of Native women victims and makes more than 50 recommendations to change the justice system. Click here for more information.