The New Mexico Tribal-State Judicial Consortium & The Cross-Court Cultural Exchange

Similar documents
MARK C. TILDEN T R I B A L C O N S T I T U T I O N H A N D B O O K. TILDEN MCCOY + DILWEG, LLC with NATIVE AMERICAN RIGHTS FUND

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO. and No. 1:12-CV-00140

Answer Key for Writing Assignment

Using Tradition and Custom to Promote Healing in Tribal Courts

Student Reading. American Indian Tribal Governments

Indigenous Problem Solving for Healing A Tribal Community Court

Courts of the Navajo Nation in the Navajo Nation Government

A ROADMAP FOR MAKING NATIVE AMERICA SAFER REPORT TO THE PRESIDENT AND CONGRESS OF THE UNITED STATES

NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND TOURISM ACT OF 2000

NATIONAL AMERICAN INDIAN COURT JUDGES ASSOCIATION

Diverting Cases to Wellness Court: Strategies for Creative Collaborations for Tribes in Alaska, P.L. 280, and Beyond

La Paz County Joint Investigation Outline

Case No. PETITION FOR RESTRAINING ORDER AND REQUEST FOR TEMPORARY RESTRAINING ORDER

Despite obstacles, Native Americans fight for their voting rights

Capacity Building Elements for Tribal Victims Programs

TLOA Tribal Justice Plan: Overview & Update on Implementation

We intend to keep up the momentum to achieve our common goals. Thank you. TSJC ANNUAL REPORT 2016

Western Regional Partnership (WRP) Charter

AMERICAN BAR ASSOCIATION

2010 Tribal Law and Order Act

Tribal Law and Order Act (TLOA): Long Term Plan to Build and Enhance Tribal Justice Systems

FULL FAITH AND CREDIT IN INDIAN COUNTRY

Jails in Indian Country, 2013

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES. Tribal Consultation Policy

Tribal Justice: Utilizing Indigenous Customs and Beliefs While Navigating Cross-Jurisdictional Issues

42 USC 677. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

CIVIL JURISDICTION IN INDIAN COUNTRY

New Mexico Department of Health State-Tribal Consultation, Collaboration and Communication Policy

Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART. Section 2.1 A Dual Court System

REPORT OF THE JUDICIAL COUNCIL TRIBAL-STATE JUDICIAL FORUM ADVISORY COMMITTEE JUNE 3, 2016

American Indian Fatalities ( ) Age of Fatality

Pueblos and tribal reservations are located within most of the larger stream

STATEMENT BEFORE THE UN SPECIAL RAPPORTEUR, ALBUQUERQUE, NEW MEXICO, FEBRUARY 25, Petuuche Gilbert

NAVAJO NATION DEPARTMENT OF JUSTICE REQUEST FOR PROPOSALS

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO. APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Linda M. Vanzi, District Judge

AMERICAN BAR ASSOCIATION ADOPTED BY THE HOUSE OF DELEGATES FEBRUARY 11, 2013 RESOLUTION

Oregon Branches of Government

CALIFORNIA GOVERNOR S OFFICE OF EMERGENCY SERVICES ADMINISTRATIVE MANUAL

THE ROLE OF THE U.S. CONFERENCE OF CHIEF JUSTICES

Unique Role of Judges in Healing to Wellness Court

Background on the Department of Justice s Tribal Funding History, including the Coordinated Tribal Assistance Solicitation (CTAS)

Getting Ready in Indian Country: Emergency Preparedness and Response for Native American Cultural Resources

Tribal Law Journal University of New Mexico School of Law Tribal Court Handbook

Lauren Frinkman Tribal Law Specialist Tribal Law and Policy Institute

CHAPTER 6 PUBLIC INVOLVEMENT

Case 1:17-cv RB-KRS Document 33 Filed 04/24/18 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Ysleta del Sur Pueblo Nation Building Strategic Planning Session

BYLAWS (As Amended Through October 8, 2014)

Case 1:17-cv JCH-KBM Document 9 Filed 05/25/17 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

USCA10 Opinion wpd

BEFORE THE U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON NATURAL RESOURCES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS

Summary of responses to the questionnaire on the review of the mandate of the Expert Mechanism on the Rights of Indigenous Peoples

July 30, 2010 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES, AND INDEPENDENT REGULATORY AGENCIES

By-Laws of the Colorado Commission on Criminal and Juvenile Justice

The National Hartford Center. Of Gerontological Nursing Excellence. Bylaws. Washington, DC September 2015

COMPETITIVE SOLICITATION FOR TECHNICAL ASSISTANCE

BUREAU OF INDIAN AFFAIRS CONTRACT WITH THE NAVAJO NATION FOR SOCIAL SERVICES

EPA Policy on Environmental Justice for Working with Federally Recognized Tribes and Indigenous Peoples. Tribal Lands and Environment Forum

DEPARTMENTAL REGULATION

Case 1:17-cv RB-KRS Document 33 Filed 04/24/18 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Navajo Children s Code Rules of Procedure

Presentation outline

Tribal Law Journal University of New Mexico School of Law Tribal Court Handbook

JUDICIAL BRANCH OF THE NA VAJO NATION

Examining the Rights-of-Way Process for Indian Allotment Lands Navajo-Gallup Water Supply Project

NADCP 19th Annual Training Conference July 15, 2013 Washington, D.C. Collaboration between Sovereigns

TESTIMONY BEFORE THE INDIAN LAW & ORDER COMMISSION. William D. Johnson Chief Judge, Umatilla Tribal Court September 7, 2011

Developing Work Agreements with Tribal Populations

NEIGHBORHOOD GATHERING PLACE A Multicultural Center REPORT & RECOMMENDATIONS

Court Support Agencies Organization Department Summary

Addressing Human Trafficking in the State Courts NACM Annual Conference July 15, 2013

The Justice System Judicial Branch, Adult Corrections, and Youth Corrections

Tribal Court Handbook

Assistant County Attorney

Bush pledges to uphold sovereignty

Using Culture and Natural Law To Strengthen a Modern Justice System. Native American Rights Fund Brett Lee Shelton Staff Attorney

H.R. 1924, THE TRIBAL LAW AND ORDER ACT OF 2009

Federal Communications Commission

Section 10. Continuum of Alternatives to Detention at Intake

Santa Clara County, CA Juvenile Justice Systems Collaborative Project

No United States Court of Appeals, Ninth Circuit.

No IN THE SUPREME COURT OF THE UNITED STATES. October Term, 2006 DON WALTON, Petitioner, TESUQUE PUEBLO et al.

ACF Administration for Children

Current Tribal Related Data Collection Efforts at the. Bureau of Justice Statistics. Outline of Presentation

Bulletin. Jails in Indian Country, Bureau of Justice Statistics

INTERIM REPORT ON COURT APPOINTED PROFESSIONALS IN DOMESTIC RELATIONS CASES

Questionnaire on Indigenous Issues / PFII

October 14, NMLA Board meeting. UNM Gallup Zollinger Library. President Barbara Lovato-Gassman called the meeting to order.

ROAD TO FEDERAL FUNDING

Tribal Consultation VAWA 2013, Section 903. November 18, noon EST

Indian Country on the Move

So, You re Thinking of Filing A Lawsuit? San Mateo County Superior Court

There Are Viable Alternatives to Court-Run Legal Services Programs

All Community Services Coordinators New Mexico Chapter's. NM-ICIP DATA In-put

A s agency leaders and government policy makers, we tend to look at

U.S. MEXICO STATE ALLIANCE PARTNERSHIP

State-Federal Division

Robyn Simmons, Victim Specialist

THE NAVAJO TREATY OF 1868 PAUL SPRUHAN NAVAJO DOJ

Rock the Vote Democracy Class Curriculum National Congress of American Indians Supplement to Rock the NATIVE Vote!

Transcription:

The New Mexico Tribal-State Judicial Consortium & The Cross-Court Cultural Exchange The Tribal-State Judicial Consortium grew out of the efforts of the New Mexico Court Improvement Project, a Supreme Court project to improve the judicial handling of child abuse and neglect cases. In 1997, the Court Improvement Project Task Force created the Tribal-State Relations Committee, which coordinated three regional Tribal-State Judicial Forums. The purpose of these forums was to encourage communication and understanding between tribal and state courts, specifically looking at issues of full faith and credit, comity, jurisdiction, and the best interest of the child as they pertain to child abuse and neglect, juvenile justice and delinquency, custody and divorce, child support, and domestic violence. In 1998, as a result of these forums and at the request of the Task Force, the Chief Justice of the New Mexico Supreme Court and the President of the Colorado-New Mexico Indian Court Judges Association appointed representatives to a new Tribal-State Judicial Consortium. The Consortium was established to address the needs identified at the Regional Forums and elsewhere. The Consortium s mission, endorsed by the Supreme Court and the Colorado-New Mexico Indian Court Judges Association, is: To address questions of jurisdiction and sovereignty, focusing at first in the areas of domestic violence, domestic relations and custody, child support, child abuse and neglect, and juvenile justice, and perhaps expanding into other areas of law in the future. Two of the original goals of the Tribal-State Judicial Consortium were to facilitate communication between State and Tribal judicial systems and to improve awareness and develop information about the different judicial and legal systems in place in the State and in the various Tribes and Pueblos. In order to further those goals, the Consortium conducted the first Cross-Court Cultural Exchange in March of 2000. The Exchange was co-hosted by the Crownpoint District Court of the Navajo Nation Judicial Branch and the State s 11 th Judicial District Court. Approximately 80 representatives of state and tribal courts and social services attended. The second annual Cross-Court Cultural Exchange, co-hosted by the Isleta and Laguna Pueblo Courts and the State s 2 nd Judicial District Court, was held in October 2001. Approximately 100 participants, representing most New Mexico tribes and pueblos, many state and federal agencies, and several state courts, attended. Feedback from participants at both Exchanges was extremely positive, and the Tribal-State Judicial Consortium made a commitment to continue this event. The third annual Exchange was co-hosted by Tesuque, San Juan, and Santa Clara Pueblos, the 1 st Judicial District Court, and the New Mexico Supreme Court and Court of Appeals, with the participation of the U.S. District Court. This Exchange was held on October 2-4, 2003 and also included visiting the Nambe Pueblo for their Feast Day, Crafts Fair, and Indian Dances. More than 100 participants attended this Exchange. At the request of Chief Justice Maes of the New Mexico Supreme Court, the Consortium has begun planning for a Four-Corners Tribal-State Judicial Exchange to be held October 29-31, 2003. This event will be hosted by the Supreme Courts of the four states, as well as the Colorado-New Mexico Indian Court Judges Association and the Supreme Court of the Navajo Nation. Like the annual Cross-Court Cultural Exchanges, the Four Corners Tribal- State Judicial Exchange will bring together tribal, state, and federal judges; social service agency staff, law enforcement personnel, service providers and others to address questions of mutual concern, including issues of full faith and credit and recognition and enforcement of protection orders. The emphasis of the Exchange is on child and family issues, including family violence and violence against women.

Accomplishments of the Tribal-State Judicial Consortium In the area of enhancing collaboration & communication between state and tribal courts: A Cross-Court Cultural Exchange was held on March 23-24, 2000 in the northwest region of the state and included the Navajo District Court in Crownpoint and the State District Court in McKinley County. Judges, attorneys, child welfare workers, legislators, law enforcement officers, and other child advocates attended. A second Cross-Court Cultural Exchange was held on October 25-26, 2001 in the central region of the state and included the Isleta, Acoma, and Laguna Pueblos and the State District Courts in Bernalillo and Sandoval Counties. A third Exchange was held on October 2-4, 2002 in the northern/central region of the state and included the Tesuque, San Juan, and Santa Clara Pueblos, the 1 st Judicial District Court, and the New Mexico Supreme Court and Court of Appeals, with the participation of the U.S. District Court. This Exchange also included visiting the Nambe Pueblo for their Feast Day, Crafts Fair, and Indian dancing. As a result of these Exchanges, a workshop was developed and conducted on the topic of Cross-Deputization of Law Enforcement Officers. This included the development of agreements and training of officers representing the state and tribal agencies, allowing officers to have jurisdiction on each other s land. Also, as a result of these Exchanges, the Navajo Drug Court collaborated with the Bernalillo County Metropolitan Court to hear from treatment providers and other resources used in drug court programs. The Full Faith and Credit Project, which works with the Navajos and the 19 pueblos around issues of domestic violence, held a meeting to discuss some of the issues raised at workshops held at the Cross-Court Exchanges. The State Supreme Court invited the Crownpoint Tribal Court Judges to observe Supreme Court and Court of Appeals hearings. In the area of clarifying laws: The Consortium invited Senator Tsosie and retired Representative Pederson, along with representatives from the Children, Youth and Families Department, to provide clarification of: the procedures for implementing 1999 Full Faith and Credit legislation in the area of juvenile justice; the required intergovernmental agreements; and the domestication of tribal court orders. In the area of educating tribal and state agencies and judiciaries: The Consortium invited representatives from the state Human Services Department, Child Enforcement Division and the Director of the Navajo Child Support Program to speak about their initiatives, the use of federal Title IV-D funding, and the creation of Joint Powers Agreements with the state agency. Some of the workshop topics that have been presented at the annual Cross-Court Cultural Exchanges are: an overview of the Peacemaker process and its specific application in terms of children and violence;

an overview of the organization of the Judicial Branch of the Navajo Nation, including the Peacemaker Division, and a summarization of the issues of jurisdiction as addressed in the Navajo Nation Code; a discussion among law enforcement representatives about problems encountered in enforcing court orders issued by another jurisdiction, including creative solutions such as crossdeputization agreements between the Navajo Nation and the McKinley County Sheriff s Department as one approach; a discussion of the organization of the State District Court and issues of jurisdiction as addressed in State Law and Court Rules; domestic violence issues: victim advocacy programs, state registry of Orders of Protection, enforcing orders from other jurisdictions; merging the traditional and modern justice systems: an overview of four Tribal courts case law from Atkinson and Hicks: implications for jurisdictional cooperation; innovations in child welfare: mediation, family group decision making, and kinship guardianship; an overview of state and county courts; beyond ICWA: older youth in State & Tribal custody; strengthening relationships: working across jurisdictional lines; full faith & credit and enforcement issues in child & family matters; child witnesses; a jury of one s peers: assuring Native American representation on juries; and jurisdictional and other issues in child support enforcement. In the area of developing policy & procedure: In an effort to assure that Full Faith and Credit is given to court orders, the Consortium created a committee that drafted and proposed a Rule for Civil Procedure which gathered input from state and tribal judges. This proposed rule has been given to the Civil Rules Committee and is now being reviewed by the Supreme Court. Recommendations For Future Initiatives of the Consortium When Resources Permit: fund a part-time staff attorney position to oversee legal research related to issues of jurisdiction and sovereignty; conduct research and data collection to identify the incidence of child abuse/neglect cases which could potentially be prosecuted criminally and which have tribal-state jurisdictional issues; identify policy, practice, and procedures in place in New Mexico and elsewhere for managing these multi-jurisdictional cases; adapt those policies, practices, protocols, agreements, etc. for use in New Mexico, developing new material as necessary and create state-specific best practice models; create a booklet for social service personnel, service providers, judges, attorneys, etc. that would focus on the federal Indian Child Welfare Act (ICWA) and the federal Adoption and Safe Families Act (ASFA) as they relate to abuse/neglect cases involving Native Americans on and off Indian land;

if the tribes requested, staff could look at Tribal Code in terms of compliance with Federal Title IV-D, to optimize child support enforcement collections and explore creating intergovernmental agreements; if requested by the tribes, staff could work with the tribal courts on the development of standard temporary restraining orders; have staff develop resource information and/or a web site that could summarize the operations of the various tribal courts, including whether or not the court is a traditional court, how often the judges change over, who may practice in front of the court, and contact information; have staff work with the tribes to develop and deliver training, in conjunction with the Judicial Education Center, for judges and attorneys to learn about traditional courts, peacemakers, and other Indian Court issues; have staff facilitate cross-deputization agreements and arrange training programs; and have staff expand the idea of the Cross-Court Cultural Exchanges to include the Four-Corner states of New Mexico, Arizona, Utah, and Colorado.

This document was created with Win2PDF available at http://www.daneprairie.com. The unregistered version of Win2PDF is for evaluation or non-commercial use only.