| Court Name: | Independent Tribal Courts |
| Established: | Indian Reorganization Act of 1934 |
| Location: | Various Native American tribal territories |
| Type: | Tribal judiciary |
| Authority: | Tribal sovereignty, Tribal constitutions |
| Positions: | Varies by tribe |
Independent tribal courts are judicial systems that are established and operated by Native American tribes within the United States.[1] These courts are separate from the federal and state court systems and are designed to handle legal matters within the tribe's jurisdiction. The purpose of independent tribal courts is to provide a legal framework for Native American tribes to govern themselves and to resolve disputes within their communities, without interference from the United States federal or state governments.[2] The independent tribal court system is an important tool for tribes to maintain their own legal traditions and to resolve disputes within their communities.[3]
Tribal courts are also important for preserving tribal sovereignty and self-determination.[4] However, they are limited in jurisdiction and funding.
The history of independent tribal courts is complex and has been shaped by the federal government's policies towards Native American tribes.[5] The establishment of independent tribal courts was a result of the Indian Reorganization Act of 1934, which aimed to promote tribal self-government and to preserve Native American culture and traditions.[6] However, the federal government's policies towards Native American tribes have been inconsistent, and the relationship between the federal government and tribal courts has been fraught with tension.[7] Despite these challenges, independent tribal courts remain an important part of indigenous resistance to western legal and cultural influence.
The Indian Reorganization Act of 1934 had a significant impact on how Native American tribal courts operate. The Act aimed to promote tribal self-government and to preserve Native American culture and traditions. It allowed tribes to establish their own governments and to adopt constitutions and bylaws.[8] This gave tribes the power to create their own legal systems and to establish independent tribal courts[9] The Act also provided funding for tribal courts and allowed tribes to contract with the federal government for law enforcement services.[10] As a result, independent tribal courts became an important tool for tribes to maintain their own legal traditions and to resolve disputes within their communities.[11]
The Indian Reorganization Act of 1934 also had a broader impact on the relationship between Native American tribes and the federal government. The Act recognized the importance of tribal sovereignty and self-determination and aimed to promote these values.[12] It allowed tribes to establish their own governments and to make decisions about their own affairs. This was a significant departure from previous federal policies, which had sought to assimilate Native Americans into mainstream American culture. The Act also provided funding for economic development and education, which helped to improve the lives of Native Americans. Overall, the Indian Reorganization Act of 1934 played a crucial role in promoting tribal sovereignty and self-determination.
Native American tribal courts receive funding from various sources, including tribal, state, and federal funding. Tribal funding is the primary source of funding for tribal courts, and it is often used to cover the costs of court operations, salaries for judges and court staff, and other related expenses.[13] State funding is another source of funding for tribal courts, and it is often used to support court operations and to provide training and technical assistance to tribal court personnel.[14] Federal funding is also available for tribal courts, and it is often used to support court operations, provide training and technical assistance, and to fund specific programs and initiatives.[15]
Under Title 25 US Code 3601, the federal government provides funding for tribal courts through the Indian Tribal Justice Support program.[16] This program provides funding for tribal courts to improve their operations, provide training and technical assistance, and to fund specific programs and initiatives. The program is designed to support the development of effective and efficient tribal justice systems that are consistent with tribal traditions and values. The program also provides funding for tribal courts to address issues related to domestic violence, child abuse, and other crimes that are prevalent in Indian country.[17] Overall, the funding sources for Native American tribal courts are diverse and are designed to support the development of effective and efficient tribal justice systems that are consistent with tribal traditions and values.[18]
TPA provide federal funding for Tribal courts through a collection of programs. For example, in 2018, $28,698,000 was granted to tribal governments through TPA programs.[19] Although TPA funds allow tribal governments to operate more effectively, the programs have long been criticized for not allocating adequate funds to the tribes most in need of federal support.
Native American tribal courts have jurisdiction over a wide range of cases that occur within their respective tribes' territories. Tribal courts have the authority to hear both civil and criminal cases, including disputes over property, contracts, and family law matters such as child custody and adoption. Tribal courts also have jurisdiction over criminal offenses committed by Native Americans within their territories, including offenses related to drugs, alcohol, and domestic violence. However, tribal courts do not have jurisdiction over non-Native Americans who commit crimes within tribal territories, except in limited circumstances.
Cases that involve non-Native Americans are typically referred to state or federal courts. The Major Crimes Act of 1885 gives the federal government jurisdiction over certain major crimes committed by Native Americans on tribal lands, including murder, manslaughter, and kidnapping.[20] The Indian Civil Rights Act of 1968 also allows for the federal government to prosecute non-Native Americans who commit crimes against Native Americans on tribal lands. In addition, some states have entered into agreements with tribes to allow for state jurisdiction over certain crimes committed by non-Native Americans within tribal territories.
Title 25 was a congressional procedure passed in 2010 to provide federal support and protections for tribal courts.[21] The declaration officially established:[22]
In 2022, the Supreme Court ruled in Denezpi v. United States that the Double Jeopardy clause of the Bill of Rights does not bar successive prosecutions of distinct offenses arising from a single act, if the case is heard in both a tribal and federal court under the dual sovereignty principle.
The sentencing process in Native American tribal courts varies depending on the tribe and the nature of the case. In general, tribal courts aim to incorporate traditional tribal values and customs into their sentencing practices.[23] This may involve a focus on rehabilitation and restoration rather than punishment. Sentences may include community service, restitution, or participation in traditional healing ceremonies. In some cases, tribal courts may also work with state or federal courts to develop joint sentencing agreements.[24] These agreements allow for the coordination of sentencing between tribal and non-tribal courts and can help to ensure that sentences are consistent and fair. Overall, the sentencing process in Native American tribal courts is designed to reflect the unique cultural and legal traditions of each tribe and to promote the well-being of the community as a whole.
The Tribal Law and Order Act of 2010 is a federal law that was enacted to address the issue of crime and violence in Native American communities. The Act aims to improve public safety in Indian country by increasing the authority of tribal courts and law enforcement agencies.[25] It provides funding for tribal courts and law enforcement agencies, and it allows tribes to exercise greater control over their own justice systems.[26] The Act also includes provisions to improve coordination between tribal, state, and federal law enforcement agencies, and it provides for the appointment of special prosecutors to handle cases involving violence against Native American women.[27]