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Published byPhilip Hood Modified over 8 years ago
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John Harte, Mapetsi Policy Group
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Tribal Court funding – status of FY 2013 funding Violence Against Women Act (VAWA) Reauthorization – status of competing House and Senate bills
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Issue = Oliphant gaps in crime, non-Native DV/SA, misdemeanors fall through cracks, violence escalates Goal = ltd. Oliphant fix, clarify civil protection orders Feb-June 2011 = DOJ consults with tribes Nov. 2011 = SCIA / SJC introduce bills Mar.-Apr. 2011 = SCIA / SJC advance bills, Senate passes S. 1925 (Section 904, 905) May 2011 = House passes HR 4790, omits jurisdictional provisions (Sec. 904, 905) Bill remains stalled
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DOJ consultations resulted S. 1925 & SAVE Act Bills restore tribal criminal jurisdiction over all reservation-based DV, including non-Indians who work or live on-reservation + relationship with the victim Tribal courts must provide ICRA + TLOA enhanced sentencing protections + Non-Indians eligible to sit on jury “all other rights necessary under the U.S. Constitution” Petition to stay (expedited habeas)
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SCIA, SJC, HCJ, HNR – IANA Subcommittee Tribal leaders, tribal organizations DV/SA advocates Tribal justice officials = courts, LE, corrections Former U.S. Attorneys ABA, FBA ACLU NACDL, criminal defense lobby Heritage Foundation, Anti-sovereignty groups
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Statistics Federal / State failures to address Reservation domestic violence Combat crime locally Civil rights / criminal justice for Native women Constitutional + Congressional obligation
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Unconstitutional Burden federal courts with habeas petitions Tribes are “racially defined institutions” Tribal courts inherently unfair No “due process” No separation of powers Anti-tribal court anecdotes / “mass tribal expulsions” Election-year politics Problem doesn’t exist = Statistics (SD AG study) Solution = expand PL 280 to all of Indian country
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Procedural problems = “blue slip” Todd Akin Election year politics November to December “lame duck” session 113 th Congress
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Sept. 28 th = 6-month CR (March 2013) BIA Tribal Courts (TPA) = $25M BIA Tribal Justice Support = $5M DOJ CTAS = $110M (TCAP, IASA (substance abuse), justice centers, alternatives, juvenile justice) DOJ – JAG = $630k Remaining 6 months in hands of 113 th Congress DOJ Budgets = 7% tribal set-aside all BJA funding Sequestration = possible 8% + cut to all domestic
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CONCLUSION Federal and state control of reservation crimes has not worked for more than a century. Tribal communities must fight to restore local control to tribal communities. U.S. must fully fund tribal justice systems Advocate for your justice systems
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