Title: The Tribal Court System: What Jurisdiction Does it Have? | by Williams & Cochrane | Medium
Headings: The Tribal Court System: What Jurisdiction Does it Have?
The Tribal Court System: What Jurisdiction Does it Have?
Content: With some 566 federally-recognized Indian tribes in the U.S., there are a myriad of different Native American justice systems throughout the 50 states, which operate by their own tribal laws. As mentioned, tribes usually have complete power in cases that take place in Indian Country between tribal members. That power lessens if a non-tribe member is involved, or if the area falls outside of Indian Country. Additionally, while in many cases states do not have jurisdiction over the activities of tribes in Indian Country, Public Law 280, which was enacted in the U.S. in 1953, grants a handful of states criminal jurisdiction (though not necessarily civil jurisdiction) over Native Americans on tribal lands. These states include California, Alaska, Minnesota, Nebraska, Oregon, and Wisconsin. This shared jurisdiction and the concurrent efforts of tribal courts vs. state courts can make legal matters complicated. Additionally, there are a number of crimes that may occur on Indian lands, many of which concern financial improprieties, that can be subject to federal jurisdiction as well as tribal jurisdiction. Despite some states having criminal jurisdiction, tribal courts can have exclusive civil jurisdiction in Indian Country, as is the case with most cases between tribal members that take place in Indian country. The key takeaway when it comes to the tribal courts is that jurisdiction varies based on where a crime or conflict takes place and who is involved. Based on that, a crime or conflict can be subject to the rule of tribal courts, state courts or federal courts — or possibly all of the above.