Tribal Court Basics

What is a tribal justice system?
According to US Code Title 25, Chapter 38A, Sec. 3653, the term 'tribal court', 'tribal court system', or 'tribal justice system' means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited to, traditional methods and fora for dispute resolution, trial courts, appellate courts, including inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal authority whether or not they constitute a court of record.

In the Indian Tribal Justice Technical and Legal Assistance Act of 2000, the Congress declared that:

(1) there is a government-to-government relationship between the United States and Indian tribes; and

(2) Indian tribes are sovereign entities and are responsible for exercising governmental authority over Indian lands.

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What is tribal sovereignty?
Tribal sovereignty refers to the rights of Indian tribes to self-government and self-determination. Among other things, this includes the right to establish the form of government, to adopt legislation, to establish a law enforcement and court system, and to define membership.

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What is the historical basis of tribal sovereignty?
Indian Nations were considered sovereign before the framing of the U.S. Constitution. European countries regularly dealt with Indians as nations as they entered into treaties for trade and alliance purposes. The U.S. Constitution, Article 1, Section 8, addresses Indian tribes as follows: ÒThe Congress shall have the power to regulate commerce with foreign nations and among the several states and with Indian tribes.Ó Indians are the only group of people specifically mentioned in the U.S. Constitution. The U.S. Supreme Court affirmed the sovereignty of tribes in a series of rulings. The most notable were three cases referred to as the Marshall Trilogy. The cases were Johnson v McIntosh (1823), Cherokee Nation v Georgia (1831), and Worcester v Georgia (1832). A recent case, California v Cabazon Band of Mission Indians (1987) deals directly with tribal gaming and confirms the right of tribes to conduct gaming activities.

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What is a federally recognized Indian Tribe?
Federal recognition means a group of Indians has been recognized as a tribe and the interactions between the tribe and the Federal Government are on a government-to-government basis. Inclusion on the list of federally recognized tribes entitles a tribe to special services and benefits. The Department of the Interior maintains this list. Federal recognition can be a result of historical continued existence, Executive Order, congressional legislation, or the Department of the Interior's federal acknowledgement process. Federal recognition is typically a requirement of being eligible for federal aid or funding. The Federal Government has broad powers in dealing with tribes; however, the powers are subject to constitutional restrictions.

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Primer on Tribal Court Civil Practice - http://www.ndcourts.com/court/resource/tribal.htm
This article will examine the current state of the law governing tribal court practice in North Dakota with an emphasis on the ever-changing civil jurisdiction rules governing tribal courts, an examination of full faith and credit between tribal and state courts as well as between tribal courts, and finally a review of recent federal legislative proposals which undoubtedly will impact tribal court civil practice. With four tribal courts in North Dakota(2) and a substantial native and non-native reservation population in this state, tribal court practice is becoming a necessary staple of civil practice for many attorneys wishing to provide the full panoply of legal services for their clients. It is hoped that this article, however brief, may set out some of the fundamental rules governing tribal court practice(3) which in turn may induce more attorneys to venture into the realm of tribal court practice.

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A Self-Help Guide To The Tribal Court System - http://www.ptla.org/ptlasite/wabanaki/court.htm
This article is designed to provide a guide to any individual who has the occasion to appear in Tribal Court in connection with a Civil (any non-criminal) matter. The Penobscot Nation Tribal Court was established in 1979. It exists to serve the legal needs of the members of the Penobscot Nation community and particularly, although not exclusively, tribal members who reside on the Penobscot Reservation. In that sense it shares a common purpose with other Tribal Courts throughout Indian Country. Of the approximately 500 Federally recognized Tribes, upwards of 200 Tribes have their own Court systems. The Courts are as varied as the Tribes themselves and range from tradition-based systems with little or no written rules or codes to systems that mirror Courts in the Federal and State systems (that is, Courts with a formalized, rule-based, adversary system). The Penobscot Tribal Court, in many significant ways, resembles a typical State of Maine District Court. In each case, however, the Courts are designed to serve their respective Tribal communities.

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Basic Indian Law Research Tips - Part II: Tribal Law - http://www.narf.org/nill/resources/guide2.pdf
This two-part article seeks to provide practical tips for researchers of Indian law. Part I of this article, which was published in the May 2005 issue, [FN1] focused on federal Indian law research. This Part II covers tribal law research.

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Role of Indian Tribal Courts in the Justice System - http://www.ntjrc.org/tribalcourts/tribalcourtbasics.pdf
This monograph will discuss the role of Indian tribal courts and Courts of Indian Offenses in resolving disputes that arise between persons, Indian and non-Indian, on the various Indian reservations in the United States. Tribal courts are operated by Indian tribes under laws and procedures that the Tribe has enacted or made one of their laws, which often differ from the laws and procedures in federal and state courts. Most Tribes receive funding from the Department of Interior to operate their court systems, although many supplement this funding with their own resources. Courts of Indian Offenses are courts operated by the Department of Interior, Bureau of Indian Affairs, on certain reservations. Those courts operate under federal regulations contained in Volume 25 of the Code of Federal Regulations1 and for this reason are often referred to as ÒCFRÓ courts. At present there are approximately 150 tribal courts in operation in the United States and approximately 20 CFR courts.2 Although there are various other methods which Native people resort to in resolving disputes, including traditional dispute resolution methods some of which are included into tribal justice systems, this paper will primarily focus on the formal justice systems that have been set up by Indian tribes and the Bureau of Indian Affairs.

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