Story Published:
Jul 22, 2010
Story Updated:
Jul 23, 2010
WASHINGTON – A major piece of legislation dealing with Indian country justice issues has made it through Congress, and President Barack Obama will sign it into law. Some tribes are expected to foot a greater bill involving tribal courts due to the changes.
The Tribal Law and Order Act cleared the House July 21 by a vote of 326-92, and had previously passed the Senate in late June. In both chambers, it was attached to the Indian Arts and Crafts bill, which strengthens the ability to prosecute those who unlawfully sell purported Indian goods.
The legislation, which bolsters justice resources for reservations in a number of areas, was supported by key Democrats and Republicans, who said they wanted to reduce crime on reservations.
Obama issued a statement upon its passage, saying the bill was an “important step to help the federal government better address the unique public safety challenges that confront tribal communities.”
The president noted that American Indians and Alaska Natives are victimized by violent crime at far higher rates than Americans as a whole, and some Native communities have seen increased gang and drug activity, with some tribes experiencing violent crime rates at more than 10 times the national average.
“The federal government’s relationship with tribal governments, its obligations under treaty and law, and our values as a nation require that we do more to improve public safety in tribal communities,” Obama said. “And this act will help us achieve that. It will strengthen the relationship between the federal government and tribal governments. It will improve our ability to work with tribal communities in the investigation and prosecution of crime, and it authorizes resources for tribes to fight crime more effectively.”
He thanked legislators across party lines for their work to pass the bill, and he said he looks forward to signing it into law.
The measure had long been pushed for by Senate Committee on Indian Affairs Chairman Byron Dorgan, D-N.D., who made it one of his top priorities.
Dorgan said the bill is in response to a “crisis” in law enforcement on many reservations where violent crime rates far exceed the national average.
He said the legislation aims to improve many aspects of the justice system reservations and clear up jurisdictional confusion among tribal, state and local law enforcement officials, which he believes often gridlocks effective law enforcement.
“Every American has a right to live in a safe community. That certainly includes the first Americans,” Dorgan said. “The federal government has treaty and trust obligations to ensure that Native Americans live in safe communities. This bill will help us do a much better job of meeting those obligations. It is legislation that is not only urgently needed and important, but it is also a historic step forward in improving the lives of Native Americans.”
Under the bill, tribal courts will be allowed to impose sentences of up to three years, but their authority is affected in some ways, like being required to follow U.S. court system procedures.
Also, tribes prosecuting individuals for crimes that could land them in jail for more than a year must provide defendants with the same right to a lawyer that they would have in state or federal court.
“The 1968 Indian Civil Rights Act notably did not include a right to counsel even though it is a constitutional (6th Amendment) right that also applies to the states,” said Navajo lawyer Chris Stearns. “My understanding is that this giant exception was made because back then no one thought that tribes would be able to pay for attorneys, or that there were even attorneys around at all on the reservation.”
Under the new law, when a tribe provides a defendant a lawyer, he or she must be licensed in either federal, state, or tribal court, and that court has to have “appropriate professional licensing standards and effectively ensures the competence and professional responsibility of its licensed attorneys.” Similarly, tribal judges have to have “sufficient legal training to preside over criminal proceedings” and also be licensed in federal, state, or tribal courts to practice law.
While some tribes already meet some of the new provisions, the changes are expected to come at a cost to many that choose to implement new standards.
Whitney Phillips, a spokeswoman for Rep. Stephanie Herseth Sandlin, D-S.D., a major champion of the bill in the House, said tribes that don’t have the resources to provide defense counsel or house inmates for longer sentences can continue to operate under the existing one-year sentencing provisions in the Indian Civil Rights Act, which does not require that defense counsel be provided.
“Because the provision is optional, it will not place any additional costs on tribes who choose not to participate in the enhanced sentencing provision,” Phillips said.
Hannah August, a spokeswoman for the Department of Justice, said the law will not cost tribes anything unless they choose to exercise the enhanced sentencing authority it provides.
“Tribes unable or unwilling to provide defense counsel may continue to operate as they do now, with the existing one-year cap on sentences in place. In a sense, by choosing to exercise the enhanced authority in section 304 tribes are imposing any additional costs upon themselves,” August said, adding that provisions of the measure would enhance the availability of grant funds for indigent defense in Indian legal arenas.
Beyond tribal court issues, a widely anticipated provision requires the Department of Justice to report on the cases it declines to prosecute on reservations. Many tribal officials have complained about the large number of cases they say go unheard.
The bill will also provide tribal police greater access to criminal history databases such as the National Crime Information Center, and will require tribal and federal officers serving Indian country to receive specialized training to interview victims of sexual assault and collect crime scene evidence.
Further, it requires Indian Health Service facilities to implement consistent sexual assault protocols, and requires federal officials to provide documents and testimony gained in the course of their federal duties to aid in prosecutions before tribal courts.
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Civil Liberty said on Thursday, Aug 26 at 3:43 PM
I was going through the act and nowhere does it address police powers. Does this act provide for great police powers to BIA Law Enforcement and Tribal Law Enforcement? The reasoning behind my question was the aggressive tactics sometimes used by local BIA and Tribal Law Enforcement including search and seizure without probable cause. I understand the warrantless arrest based on tribal code. Thanks.
50676146Anonymous said on Saturday, Aug 14 at 5:23 PM
Ever hear of three strikes and your out? Through the three year option of this law and order act; (1) if a tribe picks up the option it will cost the tribe not only in funds but in a greater lose of national authority and benefit the state by allowing the state to establish a greater judicial presence in Indian lands. (2) If a tribe can't afford to pick up the option the tribe will lose the offer of its minor increase in judicial protection and the state will benefit by preserving the right to deny legal representation to those who cant afford lawyers, already established on Indian reservations. (3) If common native and non-native people can't see through this ploy being instituted by the state through the Indian elite, and fail to form a lasting alliance to have it repealed, they lose. Law is just like America's favorite pass time isn't it? I doubt it because very few people know about the three strikes process institute governments to establish law and order.
49848584DogSoldier said on Saturday, Aug 7 at 7:27 PM
This is just assimilation at its best and always in the sneakiest way the Federal Government can do it, by placing the passage of this act, like many others with a passing bill that doesnt even address native issues and concerns. Capitalism is the controlling factor by whatever entity has more control. In the native american case, Tribal law and order codes vary from Tribe to Tribe, some more well written and exercised than others and sovereignty varies, but we the American Indian are on the short end and having to use our own dollars to affect this act, some Tribes have no dollars, but I am sure the Government will control that too. What a no win situation for us. Peace
49374549Kathleen said on Thursday, Aug 5 at 6:27 PM
The Tribes should update there laws that were always used before the European invasion, and the following genicide of so many tribal people on this continent. Not join in with the so called assinine law of the United States Government. Look at them they even tax the dead.
49248164Confused said on Friday, Jul 30 at 12:32 PM
I agree with my two sense, only reason we have nations is because our people fought for it. So isn't our trying to be so much like the white man, and obeying by their rules disrespecting their honor?
48837496My Two Sense said on Friday, Jul 30 at 12:17 PM
The real tragedy lies in the fact that many tribal nations are dependent on the federal government for laws like this because of federal dollars. If you look at the lot of Native History, or the Indigenous Plight for that matter it was reliant on the fact that our people fought for our homes, cultures, and traditions. Therefore, we should stop mimicking the structure and standards of a foreign government and get to work to building our own structures...our own tribal standards. When leaders stop manipulating our systems for personal gains and when our tribal citizens stop allowing them to continue to do this will we realize that our nations are OUR responsibilities and no one elses. Only then will sovereignty not be a joke. It is easier to blame and ask others for solutions, it leaves more time to worry about personal gains, next moves, creating positions for after election time. If only they realized how much more valuable their contribution would be if they just got to work!
48836376min said on Thursday, Jul 29 at 5:04 PM
dont have the resources to provide defense councel or house inmates for longer sentences can contiue to operate under the existing on year sentencing provision in the indian civil rights acr, wihch does not require that defense coundel be provided! Now what is that the bottom line should be that the tribes have to provide legal counsel under the constitution nothing shorter that!And all tribes should up grade who they hire as lawyers and upgrade their tribal colleges to teach law classes! Maybe more natives would be more interested in law school if they were implemented.Most law schools make it too difficult for natives to get into law school and they forget that school is a place to learn!you dont go to law school because you know law it because you want to learn about law! Even if an native became the best lawyer the white would only make up a law to beat us like usual
48778991mim said on Thursday, Jul 29 at 4:50 PM
make native america right when they try to give us defense counsel then take it back because champion strphaine herseth sandlin noted that just because the tribes that dont hae the resources to provide defense councel or house inmates for longer sentences can continue to operate under the existing one year sentencing provisions in the indian civil rights act, which does not require that defense counsel be provided! It still unconstitutional that we dont get defense counsel whether the tribe can afford it or not! Only the whiteman would come up with something like oh the indians don't even have attorneys or can even afford one. It should be unconstitutional for them to even think of that oh they have no attorney' on the res anyhow and a worse excuse from denying us our constitutional rights is they cannot afford an attorney!These reasons why we are denied defense counsel is unconstitutional no matter how you look at it in black or white ink! Then they go to say if the tribes cannot a
48777699mim said on Thursday, Jul 29 at 4:25 PM
Natives should have the same constitutional rights as anyone even to have a defense councel even if they thought that tribes would not beable to afford attorny's or that there were attorney's on the reservation! Now who in the heck would not give us the same right just because they thought we have no attorney's on the res! Why didn't they think that we should design a program to help the natives become lawyers! now under new law when a tribe probides a lawyer he or she must be licensed in eithe federal or state or tribal court, and that court have appropriate professional licensing of standards and effectively ensure the competency of the attorny., then they can get around this if the tribes that don't hafe the resources to provide defense councel or house inmates for longer than sentences can continue to operate under the existing one year sentencing provisions in the indian ciil rights act, which does not require that defense counsel be provided! so why all the trouble trying to f
48774929highdesertindin said on Wednesday, Jul 28 at 11:52 PM
Just what we need a bunch of non-professionals impersonating tribal police officers w/access to law enforcement databases! What out my brothers and sisters! Be careful of those whom don't like Indians but sure like their casino money! And they think they know best for us Indians.
48698399highdesertindin said on Wednesday, Jul 28 at 11:48 PM
Will this law protect the "real Indians" on their reservations and not allow non-Indians to take over their lands as with the Alturas Indian Rancheria! The local authorities have allowed non-indians to take over their casino and lands and have stolen their casino profits etc. All this done by white men!
48698169Pechanga said on Wednesday, Jul 28 at 9:05 PM
I am not disenrolled. The fact is this 'law' is not going to protect Indians. Indians are only going to be protected by full protection of ALL constitutional rights;human and civil. The United States has breached; abandoned its trust responsibilities. All Indians are United States citizens; therefore ALL Indians should be protected by All U.S. laws. Predators are hiding behind myth of sovereignty. Why isn't the Senate Committee on Indian Affairs insisting on Full constitution protections for ALL INDIANS? They are in the pockets of lobbyists representing special non-Indian financial interests. The U.S. wants termination;so-called determination is termination. Reorganization opened the doors to predators who are causing criminal chaos in Indian Country. Keeping quiet is exactly why criminals have been abrogating the rights of innocent Indians. Threats of intimidation and violence have kept Indians afraid to expose the truth about what is really happening in Indian Country.
48687234REZ said on Wednesday, Jul 28 at 5:06 PM
To "Pechanga," many family members on the reservations are DYING from violent crimes all because the Dept of Justice refuses to investigate, interrogate and prosecute the known perpetrators, YET you sit here and talk about disenrollments? MORON, you are not relevant to the issue at hand. You are disrespecting our families, and disrespecting our pain. Stop trolling this comment section or write your own article on boring disenrollments. No one cares about you freddy-free-loaders.
48669096Pechanga said on Wednesday, Jul 28 at 3:11 PM
All 'America' is Indian Country; therefore, ALL Americans should be protected by ALL U.S. laws. Interior 'manages'stolen Indian assets. BIA aka War department actively works to ensure Indians are stripped of all legal rights;Civil and Human rights. Skins and illegal council,Pechanga Development do not want crimes exposed. James Joaquin Fletcher worked at BIA and he aided and abetted crimes at Pechanga. He profitted by this collusion and continues to profit. Is Fletcher in control of Pechanga Development? He carries on a family tradition; His ancestor was a Mexican Invader who helped himself to Pechanga resources as an agent for Pico. Now James continues his honored family tradition. Moral conscience dictates notice: all Pechanga properties are dangerous. Hapless victims will be treated to the convolution revolution;stripped of all Constitutional protections. Skins protest is telling; Pechanga blocks all information regarding crimes.
48656764Pechanga said on Wednesday, Jul 28 at 2:36 PM
Pechanga is the epitome of corruption in Indian Country..It has everything to do with this article. Lawless;no rule of law, no oversight, no enforcement of any U.S. laws; Human and civil rights violated by Predators; Even more shocking is that crimes are committed by attorneys illegally enrolled. That a former Chief of Police is involved is shocking to the moral conscience. Pechanga wants its crimes to go unreported. This law further cloaks crimes against legitimate Pechanga descendants...how does this law protect Indian victims from crimes against them by criminals seizing Pechanga? Descendants are also American citizens...why are they excluded from the full protection of the Constitution and laws? It is time for the Department of Justice and the IRS to conduct a full criminal investigation of Pechanga; Crimes against helpless victims continues with impunity. 'Tribal police includes felons!
48652859skins said on Tuesday, Jul 27 at 11:58 PM
What does Pechanga have to do with the story being reported? Crazy...
48594634RedWaterStarz said on Tuesday, Jul 27 at 5:43 PM
Well, Well, It appears this is really not helpful to all Indian Nations; based on the fact that our Rez follows the 1-year sentence but can act like the County and walk the prisoner out the door and re-arrest 'em to continue their non-consecutive 1 year sentence for something else. Somewhere along there, it seems that it would be a violation of some sort; I know the word but can't think of it now. For us, on this Rez, if they can prosecute non-Indians, then they better start at the top, with tribal attorneys and consultants and council members. The Prez should be looking at including the RICO act for the purposeful mismangagement of tribal dollars! It would be worth it since we Indians are supposed to be protected by the Government. I told this to a table-ful of Indian Attornies at at ATNI conference about 4 years ago and they agreed.
48566509yellowhawk said on Monday, Jul 26 at 12:44 AM
Arizona Sen. Jon Kyl said in June Obama plans to do nothing about the border in order to push for immigration "reform" Also, rumor has it that Wachovia Bank and BofA have moved money for Mexican drug smugglers. Okay i think i've said too much.
48407709buzygramma said on Sunday, Jul 25 at 11:59 AM
Well I hope that another EXECUTIVE ACT will assist the Federal Employees and their state counterparts and their numerous fictional entities to deal with the corruption that occurs in Traditional Lands and Territories. Good luck with that! This is just another ACT that DID NOT include Tribal Governments. Those VPSO (Village Public Safety Officers) what a laugh...they are trained by a foreign jurisdiction and the trainees end up at Graduation day "swearing to up-hold State laws", NOT Tribal Govt laws! AND they don't get a gun either. Domestic violence intervention without a backup gun??? That is why several VPSO were killed already. Returning military are killing their own families, does the cop show up unarmed? You might as well train more social workers! ....more jobs....for NON-Natives of course--yeah we know Halliburton, NANA more contract cops to let loose in Alaska. More BUSH policies still hanging around. I reserve and preserve all my rights! Non-treaty gramma.
48374459anotherview said on Sunday, Jul 25 at 1:07 AM
The angry, disappointed, hostile ones continue their baseless, fact-less attacks on Pechanga and its good people. The negativity of these hostiles wells up even to assume the shape of hatred. They throw dirt at old people and others, out of ignorance. They cannot know peace of mind owing to their plight which they blame on others. Let us hope one day these sad people turn their face to the sun, and begin to see life in positive terms.
48352144BEWARE hiring outsiders said on Friday, Jul 23 at 11:22 PM
Exercise your rights and search the criminal records of any person you aren't entirely comfortable with. And if your tribe does not do the criminal background checks on non-tribal member employees, well YOU can be the private investigator right from the comfort of your own home. The Freedom of Information Act grants access to public and criminal records to be viewed by the general public. Google how you can do that.
48294488Pechanga said on Friday, Jul 23 at 11:02 PM
Call for an investigation into Daniel Inouye's ethics violations;providing political cover for corrupt Pechanga factions..why is PECHANGA 'HONORING' Inouye with FUNCTIONS AND 'GIFTS?'
48293502Here we go again said on Friday, Jul 23 at 9:18 PM
I'm colville n they put a guy in law ndn law but if one checks both his grades n record out n the fact he n his family are connected with many illegal dealings where he went to school in colorado , he may have foold.everyone else but don't even try to judge us cuz we know who you are n you shouldn't be in spokane thrumpin your game!!!!
48288308brownskin said on Friday, Jul 23 at 6:34 PM
thank you skinwalker you just made me laugh........
48280278Cree-Partier said on Friday, Jul 23 at 1:14 PM
Can we get our own theme music too? or a spinoff series on NBC
48256099ART FISHER said on Friday, Jul 23 at 12:29 PM
Obama issued a statement upon its passage, saying the bill was an “important step to help the federal government better address the unique public safety challenges that confront tribal communities.” Obama's press statements need to be vetted by someone with a better understanding of the issue. In my opinion the primary benefit to this bill is NOT that it will help the "Federal Government address the tribal justice crisis, but that it will better allow TRIBAL NATIONS to do so. Despite all of Obama's Govt-to-Govt rhetoric he's still thinking of it as the Feds' job. The Feds' job is to let go and turn justice over to tribal governance; therefrom to assist with the process. He got it wrong from the podium; FAIL
48251934Pechanga said on Friday, Jul 23 at 11:01 AM
Pechanga is the epitome of lawlessness; A former police chief is illegally enrolled and sits on the fraudulent council!
48243283Skinwalker said on Friday, Jul 23 at 11:00 AM
Data Banking or google earth and then drone assault when Hellburton takes over civilian ops assimilated for military good old boys. Wild Indians are now fingered as gangs like HBO has been to sundance. Be gone you playing it safe cowards.
48243223Justice said on Friday, Jul 23 at 10:29 AM
This is such an significant crime buster. Let's just say, the tribe's elected ones, will have to be held accountable from now on, for any of the curruption they have continued to adore. The fictional Indians sitting on our council seats, will be held accountable for the misdeeds of conduct!
48240279have faith said on Friday, Jul 23 at 10:16 AM
people should not be so quick to dismiss this bill. tribes, members of various administrations, members of congress, and hard working staffers on the hill worked tirelessly on this bill in an effort to curb crime on reservations. yes, the bill may increase costs for some tribes but for what? to create safer communities for our families. crime destroys culture, families, and entire communities. efforts have been and continue to be made to curb violence on reservations and we must continue to support those efforts.
48238848Doubtful said on Thursday, Jul 22 at 7:10 PM
Poor tribes will have to continue to put up with our unusual high crime rate since we can't fork up the money to implement licensed DA's and judges. So much for this victory. Now for the provision that requires DoJ to report on cases it DECLINES to prosecute on reservations; Big joke! We all know the bureaucracy will continue to lie on their reports, continue with cover-ups and continue to sit on their haunches getting free paychecks ... as we know, HABITS are very hard to break.
48196453RWEmerson said on Thursday, Jul 22 at 3:25 PM
"Nature has made up her mind that what cannot defend itself shall not be defended."
48179344"S K I N W A L K E R"brave hearts RISE said on Thursday, Jul 22 at 3:10 PM
"They Are No Better Than Roaming Beast and should be plowed into the ground", The only Good Indian is A Dead Indian,,Indian Removal Act, Termination of tribal Way, Property or Ward of Government, What is enfection white powder flower sold for fry bread or white house wanting pilgrams putting plymouth rock in our shoes (native american). So the terrorist indian reservation boarder town law is translating what is who and who is what when is where and if is so to be for when end is by a way or hollywood way. The whole matter is about the invasion upon osmah bin ladin boogie man face george bush cowboy (kill the wild tribes by two tower fear WAR control. BIA is the set up by which some treaty relations with state by state and "us" congress conducts motion. Now some clown on in a uniform is showing up at a squaw dance or sweat lodge and saying rocks are not legal. Arizona has a brown people problem but that cookie obama is playing law and order as WAR invasion on Tribal Life WAY. Ghost
48178123pateechum said on Thursday, Jul 22 at 2:30 PM
i hope this will help us.becausemy tribe is being over run from people south of the boarder and now we got them coming from arizona,with thier weed,meth,heron,and and are destroying our youth,we need help fast before our future generations are doomed
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