Applying Restorative Justice through Tribal Courts Anchorage August 2019 Lisa Jaeger

1. Applying Restorative Justice 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. “…..Same thing with the tribal court. That came in long before white people. The court brought everything out in the open, before the people. They talked to the person making trouble right in front of him. They just talk. As peaceful as they can. The Indian way is to have respect for one another.” “To find a good way out.” Traditional Chief Peter John Minto 1900 - 2003

3. Village councils played a major role in resolving disputes in rural Alaska from the early 20th century through the 1950s.

4. The state magistrate system replaced the council system of justice upon statehood in 1959. Fairbanks Daily News Miner: Sept. 7, 1961 – Kids, take notice of what can happen if you want to do any stealing in Kaltag. ‘Two juveniles in the village were recently sentenced to cut 1 ¼ cords of wood for the community hall for stealing about $10 worth of candy and soda from a store warehouse.’

5. With the passage of the Alaska Native Claims Settlement Act in 1971, two things were left unclear: The existence of tribes……If they still existed, what was the extent of their jurisdiction? Adequate provision for Alaska Native hunting and fishing

6. Multipronged strategy to prove that tribes survivedANCSA and that they had jurisdiction • Develop tribal courts to protect children • Advocate to include Alaska Natives, in all legislation • Apply for IRA constitutions for all tribes • Publish tribal alcohol ordinances/federal register • Litigation

7. In the early 1980s tribal courts of the Interior used the Councils as courts with few or no written codes or written court procedures. In the late 1980s and into the 1990s, more codes were developed describing the court structures, procedures, and subjects that the courts handle.

8. Judicial Code • Tribal court structure • who are the judges? • How are they seated? • Qualifications, term lengths? • Tribal court procedures • How do cases get to the tribal court? • Basic hearing procedures • Rules for witnesses, evidence • Appellate court structure and procedures • Who are the judges for the appellate court • Circle Court • What kind of cases will they hear? • How are the circle participants selected?

9. Domestic Relations Code Child protection Terminating parental rights Adoptions Guardianships Elder Protection Domestic Violence (Civil Protective Orders) Marriage Divorce/annulment Child custody disputes and formalizing agreements Probate

10. Public Safety Code Jurisdiction for Alaska tribes is less secure for handling these types of cases than it is for child protection for example, but many tribes are handling infractions, status offenses, and misdemeanors as a civil manner 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

11. Restorative Justice Restorative justice is an approach to justice designed to repair harm done to victims and communities while restoring dignity and honor to everyone involved. Restoring individual and community wellness Healing of offenders, victims, and community Repairing relationships Finding a good way out Restoring balance with the guidance of traditional values

12. “The fastest growing Native villages are the jails. Why is that? Look to your traditional values for healing.” Mike Jackson, State Magistrate and Tribal Court Judge, Kake Ak NJC tribal court training, Anchorage, March 2003

13. Respect for Elders and of one another Stewardship and respect of land, sea, and all nature Practice culture and traditions Subsistence, food security Listen with heart and mind Speak with care Live by honesty, sharing, caring, fairness, unity Never give up Spirituality, reverence for Creator Maintain a balance in life, moderation Respect for knowledge Avoid conflict Practice sharing and cooperation Give service to others through compassion, love and sharing Don’t be greedy, boastful, lazy, steel or lie Be happy, humor Traditional Alaska Native Values – GeneralizedCreating Balance

14. Creative Sentencing - Ideas for Consequences • Oral or written apologies to victims, parents, or to the whole community • Helping to repair damage done to property or payment for damaged property • Organize a fund raiser to help cover repair costs, help organize community events • Counseling, by professional counselors, para-professionals, peer counseling, counseling by Elders • Participate in talking circles • Assessments and treatment of various sorts

15. Write essay and/or give presentations in the school, work with the head start program • Teach youth skills, sports…. • Community service designed to help the person build self esteem or to build skills i.e. Working with a carpenter, electrician, plumber, or other tradesman • Assist community law enforcement • Work for the tribal or city council • Cultural activates such as working with certain • helping a family put up fish • helping with a potlatch • Spending time in a particular fish camp • Cleaning the cemetery • Learning a traditional skill such as beadwork • Spending time with Elders in some way is almost always woven into the sentencing

16. “To find a good way out” Tribes have exclusive jurisdiction to structure their courts in the manner in which they choose. Restorative justice may be delivered through any of these styles, but the Circle lends itself beautifully to restoring balance through healing.