Implementing Public Safety Codes through Tribal Courts Anchorage August 2019 Lisa Jaeger

1. Implementing Public Safety Codes through Tribal Courts Anchorage August 2019 Lisa Jaeger Tribal Government Specialist LLC P.O. Box 72095 Fairbanks, AK 99701 lisa.jaeger.tgs@gmail.com

2. “We had to live the true and honest way with each other” Traditional Chief Peter John Minto 1900 - 2003

3. Quotes from the Tribal Court Training Video produced by TCC in 1994, Traditional Chief Peter John (94 years old at the time) “To me I think that it’s very important that we adopt it, the tribal court system, to go back and work as it did in the early years. We’re talking about something that’s been done about 2 or 3 hundred years ago.”

4. “We’re getting too far away by what our great great grandfather lived live by. It’s all disappeared all together, and the things that we try to understand today is that tribal court, where it come from….the truth is that our great great grandfather adopted that as to people to try to understand it’s not made for war only, it’s made for every individual that’s living today.”

5. “By living the white man way I don’t rule that out. I think that we should adopt the two of them together and make it work, so that we can live by it.” “We gotta have that tribal court. It’s not there to throw anybody in jail or anything like that, but to make each other understand that there’s a good way out if we look at it.”

6. Jurisdiction = The authority/responsibility to make and enforce law How much jurisdiction do tribes in Alaska have?

7. Current Picture of Tribal Jurisdiction in Alaska Clear Jurisdiction - Exclusive • Determining own form of government, including the tribal justice system • Determining membership/citizenship • Internal affairs

8. Current Picture of Tribal Jurisdiction in Alaska Becoming more clear - Concurrent Domestic relations: • Child protection • Adoption • Guardianships • Domestic violence (civil protection orders) • Elder protection • Probate • Child support enforcement • Foster home licensing

9. Current Picture of Tribal Jurisdiction in Alaska Less clear - Concurrent • Enforcing regulatory law….(i.e. clean water, environmental codes) • Legal theories for tribal jurisdiction over these are: • Protecting the health and safety of the tribe and tribal members, • When necessary to regulate internal affairs • When parties consent

10. Current Picture of Tribal Jurisdiction in Alaska Less clear - Concurrent • status offenses, infractions, misdemeanors, felonies • Legal theories for tribal jurisdiction over these are: • protecting the health and safety of the tribe and tribal members, • When necessary to regulate internal affairs • When parties consent

11. Public Safety Code General provisions Juvenile curfew Establish D. P. Safety Truancy Search warrants Harassment & Bullying Sentencing options Assaults (including DV) Alcohol regulation Disorderly conduct Illegal Drug regulation Trespass Tobacco regulation Vandalism Traffic regulation Theft Illegal dumping Hazardous properties Animal control

12. General Provisions 1. Civil in nature 2. Bringing cases to tribal court • Citations – person must appear in tribal court • Petitions – tribal court decides • Referrals – tribal court decides 3. Definitions 4. Standard of Proof Preponderance of the Evidence 5. Victims Rights

13. Establishment of the[Tribe] Department of Public Safety Purpose and Mission Powers of the Department Officers TPO, VPO, cross deputized state law enforcement officers VPSOs Standards for Officers Investigation guidelines

14. VPSO Enforcement of Tribal Laws At the 35th Annual Alaska Tribal Court Conference in May of 2018, Attorney General Jahna Lindermuth announced that VPSOs can enforce tribal laws…(as long as they don’t conflict with state law). Letter to the VPSO coordinator stating that the tribe would like the VPSO to enforce tribal law Copy of written tribal law that the tribe wishes to be enforced…(tribal attorney has reviewed and verifies that they don’t conflict with state law)

15. Citations Contents: What goes into the citation? Serving: How are citations served? Citations are a Final Determination Person must appear in tribal court 1. To contest the citation and have a hearing, or 2. To be sentenced

16. Search Warrants • Required under the Indian Civil Rights Act • Procedures for Issuing search warrants • Tribal search warrants will be recognized by the State if state standards are met

17. Sentencing Guidelines Restorative Justice Sentencing Equality

18. Sentencing Options Fines Community service Impounding vehicles Removal from the village Treatment Counseling Restitution Tribal probation Traditional activities Other restorative justice sentences

19. Substances • Alcohol Regulation • Illegal Drug Regulation • Marijuana Regulation • Tobacco Regulation

20. Regulated Activities • Firearms regulation • Traffic, land and water regulation • Illegal dumping and hazardous properties • Animal control • Juvenile Curfew and Truancy

21. Prohibited Activities • Harassment and Bullying • Assault (including domestic violence) • Disorderly Conduct • Trespass • Vandalism • Theft

22. Some final thoughts….. • Tribal jurisdiction in this arena is not clear • Tribes are bound to the Indian Civil Rights Act to provide due process and to provide equality • Circles are an excellent way to provide restorative justice in sentencing these types of cases “To find a good way out”