Tribal Court Development Alaska Tribes

Chapter 1: Tribal Courts - A Historical Perspective
Introduction
Types of Tribal Courts
Traditional Tribal Courts
CFR Courts (Code of Federal Regulations)
Modern Tribal Courts
History of Tribal Court Jurisdiction in the U.S.
Brief History of Alaska Tribal Status and Courts
Venetie Tax Case and Indian Country
State Recognition of Tribes and Tribal Courts in Alaska (John v Baker; C.R.H.)
Conclusion
Chapter 2 : Tribal Court Jurisdiction - Alaska Tribes
Introduction
Jurisdiction Terminology - General Categories of Jurisdiction
Territorial Jurisdiction - Indian Country
Personal Jurisdiction - Tribal Members and Protecting Tribal Members
Subject Matter Jurisdiction - Subjects Tribal Courts Handle
Connection between Jurisdiction and Due Process
Path within the Tribe for Exercising Tribal Jurisdiction
Concurrent Jurisdiction - Comity and Full Faith and Credit
Concurrent Jurisdiction Between Tribes (Comity Guidelines for Tribes)
State Jurisdiction under ICWA - Transferring Cases to Tribes
Criminal Jurisdiction
*Effects of the Venetie, John,* and C.R.H cases on Tribal Jurisdiction**
Effects of P.L. 280 on Tribal Jurisdiction
Conclusion
Chapter 3 : Tribal Court Structures
Introduction
Separation of Powers
Tribal Court Structures
Structures of Tribal Courts and Conflicts of Interest
Appellate Court Structures
Intertribal Court Structures
Northwest Intertribal Court System
Southwest Intertribal Court of Appeals
Tribal Youth Courts and Other Specialty Tribal Courts
Conclusion
Chapter 4 : Tribal Court Procedures
Introduction
Due Process and the Indian Civil Rights Act
*Due Process and the John v Baker* case**
Beginning a Tribal Court Case: Petitions to Use the Tribal Court and Complaints
Procedures for Hearings
Options for Orders and Sentencing
Appellate Court Procedure
Conclusion
Chapter 5 : Subject Matter for Tribal Courts
Introduction
Children’s Subjects
Adoptions
Child Custody
Child Protection
Indian Child Welfare Act (ICWA)
Domestic Violence
Violence Against Women Act
Alaska’s Central Registry System
State and Tribal Jurisdiction over Domestic Violence
Practical Issues for Enforcing Tribal Protective Orders
Protection of Elders and Vulnerable Adults
Marriages, Divorces, and Annulments
Probate
Cultural Protections
Law and Order - Health and Safety
Alcohol Regulation
Employment Issues
Internal Tribal Government Matters
Environmental Regulation
Conclusion
Chapter 6 : Tribal Youth Court Development
Introduction
What is a tribal youth court?
Structure Options
Procedure Options
Creating Sentences Designed to Help and Heal
Planning for a tribal youth court
Conclusion
Chapter 7 : Judicial Ethics
Introduction
Conflicts of Interest
Confidentiality
Respectful Behavior
Sample Ethics Ordinance
Traditional Tribal Values and Ethics
Conclusion
Chapter 8 : Tribal Court Management Issues
Introduction
Tribal Court Clerks
Tribal Court Records
Court Calendar
Tribal Court Forms
Tribal Court Seals, Certification Stamps, Date Stamps
Financial Affairs of Tribal Courts
Conclusion
Chapter 9 : Enforcement of Tribal Court Decisions
Introduction
Enforcement of tribal court decisions within the village
Gathering acceptance among tribal members
Creating respected court structures, procedures, and ethics standards
Adopting realistic and culturally appropriate laws
Getting cases into tribal court
Follow-through on tribal court orders
Recognition and Enforcement of tribal court decisions outside the village
Tribal jurisdiction issues
Public relation networks
Building common ground
Due process, comity, and full faith and credit
Conclusion
Appendix
A: Indian Civil Rights Act
B: Sample Tribal Court Ordinances
Itsa Village Tribal Court Structure
Itsa Village Tribal Court Procedures
Itsa Village Court of Appeals
Itsa Village Tribal Youth Court Structures and Procedures