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Presentation Overview
TJS Statutory Requirement
Tribal Court Assessment Program
TJS Funding FY 2016 P.L. 280
FY 2017 P.L. 280
Tiwahe Funding
TJS Training & Opportunities
Recap & Reminders
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What We Do
The Tribal Justice Support Directorate (TJS) provides guidance, technical support, and advisory services to tribal courts and CFR Courts (Code of Federal Regulations; also known as Courts of Indian Offenses), pursuant to 25 USC §3602 et seq.
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What We Do Statutory Directive: Tribal Court Assessment Program As mandated by 25 U.S.C. § 3612, TJS works with Tribes to conduct tribal court assessments by using a modified model of the Trial Court Performance Standards (TCPS). TJS has three major functions:
1. Provide funding to tribal justice systems; 2. Provide training directed to specific needs of tribal court
personnel; and 3. Provide technical assistance to tribal justice systems.
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Tribal Court Assessments
2013 – Present To-Date, TJS has completed 130 Tribal Court Assessments;
of that, 63 are in-progress.
112 Non-Alaska
12 Alaska
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Completed Court Assessments Total: 130
30 Alaska
33 Non-Alaska
In-Progress Court Assessments Total: 63
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Alaska: Tribal Court Assessments
Past TCAs
Orutsararmiut Native Council
Kongiganak Traditional Council
Kuigpagmuit (Emmonak)
Alakanuk Traditional Council
Native Village of Mekoryuk
Tuntutuliak Traditional Council
Native Village of Hooper Bay
Akiachak Native Community
Native Village of Upper Kalskag
Native Council of Kipnuk
The first 10 court assessments; were conducted in FY 2016.
All tribes received immediate and supplemental funding based on their court assessment.
All tribes completed the assessment process.
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Alaska: Tribal Court Assessments
Current TCAs
Chefornak Traditional Council Native Village of Barrow
Hydaburg Cooperative Association Native Village of Koyuk IRA Council
Ohogamiut Traditional Council Nulato Tribal Council
Native Council of Port Heiden Native Village of Kaltag
Pilot Point Traditional Council Native Village of Nikolai
Kenaitze Indian Tribe Native Village of Hughes
Native Village of Kwigillingok Chalkyitsik Village Council
Native Village of Kotzebue Native Village of Venetie
Native Village of Paimiut Native Village of Northway
Native Village of Quinhagak Native Village of Ruby
Hoonah Indian Association Native Village of Holy Cross
Tlingit and Haida Indian Tribe of Alaska Native Village of Tetlin
Organized Village of Kake Native Village of Nanana
Sitka Tribe of Alaska Chuathbaluk Traditional Council
Craig Tribal Association Native Village of Eklutna
30 tribes are receiving court assessment for FY 2017.
All tribes have received or requested immediate funding.
8 assessments are completed, 6 of them are being presented this week.
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Alaska: Tribal Court Assessments
Future TCAs (as of 11/27/17)
Metlakatla Indian Community Huslia Village Tribe
Alutiiq Tribe of Old Harbor Native Village of Tanana
Native Village of McGrath Louden Tribal Council aka Galena Village
Native Village of Grayling Native Village of Allakaket
Native Village of Gwichyaa Zhee Gwich'in (Fort Yukon) Native Village of Napakiak
Native Village of Tanacross Native Village of Eyak
Village of Kotlik Native Village of Nunapitchuk
Tuluksak Native Community Native Village of Nuiqsut
Iliamna Village Council Napaskiak Tribal Council
Sun'aq Tribe of Kodiak Village of Stony River
Organized Village of Kasaan Chignik Lagoon Village Council
Anvik Tribal Council Chickaloon Village Tradtional Council (Nay' dini' aa Na')
Organized Village of Saxman Beaver Village Council
Metlakatla Indian Community Huslia Village Tribe
Alutiiq Tribe of Old Harbor
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How can your Tribe receive a
Tribal Court Assessment?
Submit a request letter to Tribal Justice Support. A template of the request letter is available at: https://www.indianaffairs.gov/cs/groups/xojs/documents/document/idc1-031875.pdf
Or, Contact:
Bennie Francisco, Court Assessment Director Email: [email protected] Phone: (505) 563-3419
Melissa Lee, Court Assessment Specialist Email: [email protected] Phone: (505) 563-5374
https://www.indianaffairs.gov/cs/groups/xojs/documents/document/idc1-031875.pdfhttps://www.indianaffairs.gov/cs/groups/xojs/documents/document/idc1-031875.pdfhttps://www.indianaffairs.gov/cs/groups/xojs/documents/document/idc1-031875.pdfhttps://www.indianaffairs.gov/cs/groups/xojs/documents/document/idc1-031875.pdf
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Tribal Justice Support
FUNDING
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FY 2016 – P.L. 280 $10 Million Appropriation
The December 17, 2016 Congressional Record at H10218 identified the parameters for a new funding source and states the Department of the Interior will receive through appropriations:
“10 Million dollars to work with Indian Tribes and tribal organizations to assess needs, consider options, and design, develop, and pilot tribal court systems for tribal communities including those communities subject to full or partial State jurisdiction under Public Law 83-280.”
TJS received a budget appropriation increase of $10 million then consultant with Tribes for a funding plan.
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FY 2016 Tribal Justice Support – P.L. 280 Funding Plan
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FY 2016 P.L. 280 Funding
Alaska
Eastern
Great Plains
Midwest
Northwest
Pacific
Rocky Mountain
Southern Plains
Southwest
Western
$5,052,177.89
$27,643.00
$35,000.00
$948,677.00
$409,676.00
$2,828,604.00
$34,937.00
$11,000.00
$226,536.00
$426,749.00
2016 P.L. 280 Overall Regional Funding Distribution Grand Total: $10,000,999.89
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FY 2016 P.L. 280 Funding
Most Requested Funding Need in Alaska: (Based on the tribal court assessments)
Training;
Positions and Salaries for: Judges, Court Administrator,
Court Clerk, and Victim Assistance Programs;
Code Development & Court Manuals; and
Office Equipment & Supplies.
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FY 2017
P.L. 280 Funding
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FY 2017 – P.L. 280 $10 Million Appropriation
Tribes in mandatory P.L. 280 states have shown interest in increasing support and capacity for tribal courts. In 2017, Congress again addressed its concerns regarding tribal justice systems in P.L. 280 states and allocated an additional $10 million. The 2017 allocation funding will change and will include only those justice systems affected by Public Law 83-280.
TJS was required to formally consult with Tribes and maintain open communication throughout the funding process. Input from Tribes was considered in re-designing a funding plan for one-time appropriation of FY 2017 $10 million.
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FY 2017 – P.L. 280 Funding
2017 P.L. 280 Funding Tribal Consultations
August 16, 2017 in Anchorage, Alaska
University of Alaska-Anchorage
August 29, 2017 in Sacramento, California
BIA Pacific Regional Office
NOTE: If the FY 2018 budget includes the $10 million, TJS will again consultant with Tribes.
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FY 2017 – PROPOSED Funding Plan
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FY 2017 P.L. 280 Funding
Alaska
California
Other P.L. 280
Optional P.L. 280
$2,435,467.00
$2,008,457.29
$495,081.00
$255,494.00
2017 P.L. 280 TO-DATE Overall Funding Distribution
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FY 2017 P.L. 280 Funding
$1,289,419.00
$1,135,000.00
$11,048.00
Direct Funding
Village Funding ($5k)
Court Staff Training
2017 P.L. 280 TO-DATE Alaska Overall Funding Distribution
Total: $2,435,467.00
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Tiwahe Funding
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FY 2017 Tiwahe Funding Distribution
Alaska
Eastern
Eastern Oklahoma
Great Plains
Midwest
Northwest
Rocky Mountain
Southwest
Western
$904,049.00
$40,242.00
$145,650.00
$369,500.00
$1,015,632.00
$275,489.00
$292,049.00
$101,400.00
$745,017.00
FY 2017 Tiwahe TO-DATE Overall Funding Distribution Total: $3,866,786.00
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FY 2017 Tiwahe Funding
Most Funded Needs:
1. Guardian ad Litem 2. Court Training 3. Prosecutor/Presenter 4. Judges Salary 5. Court Equipment/supplies 6. Code Development 7. Software/case management
Other needs:
ICWA Defender, Law Clerk, JV Public defender, JV Coordinator.
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FY 2017 Tiwahe Funding
Alaska Tribal Court Assessments have identified the need for Victim Assistance Programs.
Tiwahe Funding can fund:
Tribal Youth Family Specialist (TYFS)
Attorney for ICWA matters
Child Dependency Training
Wellness Court Training (Juveniles & Adults)
Circle Sentencing Training
Roundtable Discussion: Inter-Tribal Court & Appellate Court
GAL Training, Elder Abuse Training
NOTE: TJS will be available to meeting with Tribes interested in Victim
Assistance Programs at the Downtown Marriott following presentation.
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Tribal Justice Support
Training
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TJS Training & Opportunities
Through the TJS Court Assessment process, TJS provides funding to tribal courts as well as Training and Technical Assistance.
Training opportunities include:
• P.L. 280 Training Funds
• VAWA Training
• Tiwahe Training
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TJS Training & Opportunities
P.L. 280 Training Opportunity
$550,000 is allocated from the P.L. 280 FY 2017 $10 million distribution plan.
Training funds are available.
Trainings can included:
• Tribal Court Personnel Trainings (ie. Court Clerk, Judges)
• Roundtables (ie. Inter-Tribal Court, TCA Process)
• Other (Tribal Court related)
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TJS Training & Opportunities
VAWA Training Opportunity
The Court Assessments have indicated VAWA and Domestic Violence, including Protective Orders issues are needed.
$2,000,000 is allocated to TJS for VAWA Training and Implementation.
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TJS Training & Opportunities
FY 2016 VAWA Training
TJS has funded over 10 tribally sponsored VAWA Trainings sessions, including 2 Opioid Addiction Trainings.
• Over 500 Tribal Court Personnel have been trained;
• Over 63 Tribal and Alaska Villages have been trained; and
• With the assistance of Tribal Experts, Tribes have begun with TOLA requirements and VAWA Pilot Tribes have successfully trained and worked with other tribes.
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TJS Training & Opportunities
FY 2017 VAWA Training
TJS has trained over 1,200 tribal court personnel, including state and tribe judges in collaborative training sessions.
FY 2017 Implementation funds are exhausted, however Training funds are available.
Trainings can included:
• VAWA Implementation Training Session
• Tribal Prosecutor/Tribal Judge Training Session
• VAWA Cost Analysis Session
• Batterers Program Training
• Circle Sentencing & Other traditional systems
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TJS Training & Opportunities
Past TJS Alaska Training
Tribe/Organization Dates Location Type
Tanana Chiefs Conference (TCC) October 2015 Alaska Regional VAWA
Association of Village Council Presidents (AVCP)
February 2016 Alaska VAWA Protection Orders
Association of Village Council Presidents (AVCP)
March 2016 Alaska Tribal Justice Training
Association of Village Council Presidents (AVCP)
May 2016 Alaska Tribal Court Ethics, Roles and
Responsibilities
Tanana Chiefs Conference (TCC) January, February, March, May,
November 2017 Alaska Tribal Court Staff
Central Council of Tlingit Haida Indian Tribes (CCTHITA)
February 2017 Alaska VAWA
Association of Village Council Presidents (AVCP)
May 2017 Alaska Tribal Judges Workshop
Central Council of Tlingit Haida Indian Tribes (CCTHITA)
September 2017 Alaska VAWA
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TJS Training & Opportunities
Future TJS Training
Tribe/Organization Dates Location Type Kenaitze Tribe Nov. 30 – Dec. 1, 2017 Alaska VAWA/Joint Jurisdiction
DOJ NAC Tribal Prosecutor Training
March 19-23, 2018 South Carolina VAWA
Kalispel Tribe May 16, 2018 Washington VAWA
Tanana Chiefs Conference (TCC)
Feb. 6-8, 2018 Alaska VAWA
Tanana Chiefs Conference (TCC)
Feb. 13-15, 2018 Alaska VAWA
Muskogee Creek Nation June 2018 Oklahoma VAWA
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Recap & Reminders
TJS is accepting request for Tribal Court Assessments; Pending tribes can receive immediate (emergency)
funding; Training funds for Alaska Villages is available; TJS Staff is available for Technical Assistance (one-on-
one) meetings this week at: Downtown Marriott Kodiak Boardroom
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TJS Staff & Contact Information
Associate Director: Tricia Tingle (Choctaw)
Deputy Associate Director: Alfred Urbina (Pascua Yaqui)
Diversion & Re-Entry Deputy Associate Director:
Rodney Robinson (Northern Cheyenne)
Court Assessment Director: Bennie Francisco (Diné)
Court Assessment Specialist: Melissa Lee (Diné)
Budget Accountant/Staff Assistant: Simone Toya (Pueblo of Jemez)
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TJS Staff & Contact Information
Tricia Tingle, Associate Director Email: [email protected] Phone: (202) 208-2675 Alfred Urbina, Deputy Associate Director Email: [email protected] Phone: (928) 379-6958 Bennie Francisco, Court Assessment Director
Email: [email protected] Phone: (505) 563-3419
Melissa Lee, Court Assessment Specialist Email: [email protected] Phone: (505) 563-5374
