John Harte, Mapetsi Policy Group

 Tribal Court funding – status of FY 2013 funding  Violence Against Women Act (VAWA) Reauthorization – status of competing House and Senate bills

 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 = SCIA / SJC introduce bills  Mar.-Apr = SCIA / SJC advance bills, Senate passes S (Section 904, 905)  May 2011 = House passes HR 4790, omits jurisdictional provisions (Sec. 904, 905)  Bill remains stalled

 DOJ consultations resulted S & 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)

 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

 Statistics  Federal / State failures to address Reservation domestic violence  Combat crime locally  Civil rights / criminal justice for Native women  Constitutional + Congressional obligation

 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

 Procedural problems = “blue slip”  Todd Akin  Election year politics  November to December “lame duck” session  113 th Congress

 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

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