Showing posts with label Tribal courts. Show all posts
Showing posts with label Tribal courts. Show all posts

Wednesday, August 12, 2015

Prof. Fortson presents on tribal court jurisdiction at 32nd annual Tribal Courts conference

Prof. Fortson presenting
at the conference.
Prof. Ryan Fortson, J.D., Ph.D., Legal Studies faculty in the Justice Center, presented at the 32nd Annual Alaska Tribal Court Conference, August 4-6, in Fairbanks.  He discussed tribal court jurisdiction as a panelist for the session, "Domestic Violence, Developing Issues: What Can Tribes Do?" His co-panelists were Natalie Landreth, Attorney, Native American Rights Fund (NARF); Judge David Avraham Voluck, Magistrate/Judge for the Central Council of the Tlingit & Haida Indian Tribes, Associate Judge for the Sitka Tribe of Alaska, and Presiding Judge Pro Tem for the Aleut Community of St. Paul Island Tribal Government; and Paul Mountain, Tribal Administrator, Nulato.

2015 conference cover.
Prof. Fortson discussed his Alaska Law Review article, "Advancing Tribal Court Criminal Jurisdiction in Alaska" (June 2015). He refers to the case of John v. Baker and the development of Indian law in the Lower 48, and argues Alaska tribes already possess inherent jurisdiction over criminal offenses within their Native villages. Moreover, with the gamut of social challenges facing Alaska Natives in rural Alaska, tribes need to be empowered to exercise this jurisdiction.

Participants included state and tribal court judges, court clerks, tribal administrators, Native village representatives, as well federal and state agency representatives.  The event was hosted by the Tanana Chiefs Conference  (TCC).

The conference is funded by the U.S. Department of Justice and the Bureau of Indian Affairs through the National Tribal Judicial Center at the National Judicial College, Tanana Chiefs Conference, and the University of Alaska Fairbanks Tribal Management Program.

Program materials from the conference are available on the Tanana Chiefs Conference website.

Wednesday, June 3, 2015

Prof. Fortson publishes article on tribal court jurisdiction in Alaska in Alaska Law Review

 
 Prof. Ryan Fortson, J.D., Legal Studies faculty in the Justice Center, has published an article, "Advancing Tribal Court Jurisdiction in Alaska," in the Alaska Law Review.

 Read the full article:

"Advancing Tribal Court Jurisdiction in Alaska," Alaska Law Review, June 2015

Abstract:
Extensive case law already exists in Alaska on the jurisdiction of tribal courts over domestic relations cases, with one of the seminal cases—John v. Baker—establishing that Alaska tribes have jurisdiction even in the absence of Indian country. A common assumption, though, is that Alaska tribes do not have jurisdiction over criminal offenses. This Article argues that both under the logic of John v. Baker and the development of Indian law in the Lower 48, Alaska tribes already possess inherent jurisdiction over criminal offenses within their Native villages. With the gamut of social challenges facing Alaska Natives in rural Alaska, tribes need to be empowered to exercise this jurisdiction.

The Alaska Law Review is published by Duke University School of Law for the Alaska Bar Association.


"Turtle Talk," the blog of the Indigenous Law and Policy Center at Michigan State University College of Law, published a post on May 26, 2015 about Prof. Fortson's article: "New Scholarship on Tribal Court Jurisdiction in Alaska."

Wednesday, December 17, 2014

Fall 2014/Winter 2015 issue of Alaska Justice Forum focuses on tribal courts

Alaska Justice Forum 31(3–4), Fall 2014/ Winter 2015
The Fall 2014/Winter 2015 issue of the Alaska Justice Forum is devoted primarily to issues related to tribal courts in Alaska, including how they function, measures of their effectiveness, and past and future issues regarding tribal court jurisdiction.The 20-page issue includes the following articles:

"Tribal Courts in Alaska"

An introduction to the this issue of the Alaska Justice Forum, which focuses on topics related to tribal courts in Alaska.

"Survey of Tribal Court Effectiveness Studies" by Ryan Fortson and Jacob A. Carbaugh

An examination of empirical studies that have been conducted on the effectiveness of tribal courts, both in terms of reduction in recidivism and participant attitudes, and a look at some of the challenges to implementing a tribal court effectiveness study in Alaska. Includes a bibliography.

"Restorative Justice: Theory, Processes, and Application in Rural Alaska" by Jeff D. May

An exploration of the principles behind using restorative justice as an alternate form of sentencing in criminal cases, with a focus particularly on how restorative justice might be of benefit in rural Alaska. Includes a bibliography.

"Restorative Justice Programs and Sentencing"

A look at amendments to Alaska Rules of Criminal Procedure 11(i) and Delinquency Rules 21(d)(3) and 23(f) which describe the requirements for referral to a restorative justice program as part of the sentencing process.

"Community Justice Initiatives in the Galena District Court" by Jeff D. May

An examination of a community outreach program in rural Alaska whereby an Alaska Court System judge uses restorative justice principles in village sentencing hearings.

"Key Acts and Cases for Alaska Tribal Court Jurisdiction" by Ryan Fortson

An annotated survey of Alaska and federal case law and statutes tracing the development of tribal court jurisdiction in Alaska.

"Current Issues Regarding Alaska Tribal Court Jurisdiction" by Ryan Fortson

An examination of some of the unresolved issues that will shape tribal court jurisdiction in Alaska in coming years.

"Rural Governance Report 2014" by Mara Kimmel

Highlights from the 2014 report of the reconvened Rural Governance Commission, with a focus on pathways necessary to ensure public safety for rural Alaskans.

 Hard copies will be mailed later this month. To be added to the early online email list for the Forum, please send a message to editor@uaa.alaska.edu with Forum online in the subject field.

Wednesday, August 27, 2014

Drs. Lepage and Fortson present at 31st Annual Tribal Court Development Conference in Fairbanks

L to r: Dr. Cory Lepage, UAA Justice Center; Lisa Jaeger,
Tanana Chiefs Conference.  At podium: Dr. Ryan Fortson,
UAA Justice Center, discusses research possibilities.
Dr. Cory R. Lepage and Dr. Ryan Fortson, Justice Center faculty, presented at the 31st Annual Alaska Tribal Court Development Conference, August 5-7, in Fairbanks.  They discussed the research possibilities for exploring the effectiveness of tribal courts, particularly in the area of minor consuming alcohol (MCA) cases. Barbara Armstrong, editor of the Alaska Justice Forum, also attended the event.

Participants included state and tribal court judges, court clerks, tribal administrators, Native village representatives, as well federal and state agency representatives.  The event was hosted by the Tanana Chiefs Conference  (TCC).
Dr. Cory R. Lepage presents
possible research
methodology.

L to r: Alaska Supreme Court Justice Dan Winfree and
Chief Justice Dana Fabe, speak with Wilson Justin,
Tribal Administrator, Cheesh'na Tribal Council.
The agenda included presentations on the role of appellate courts, alcohol and substance abuse, misdemeanors and juvenile cases, current topics in children's cases, domestic violence, restorative justice and the use of circles, building state-tribal relations, and a panel of state and tribal judges sharing their perspectives.

Participants at the conference.



The conference is funded by the U.S. Department of Justice and the Bureau of Indian Affairs through the National Tribal Judicial Center at the National Judicial College, Tanana Chiefs Conference, and the University of Alaska Fairbanks Tribal Management Program.

Program materials from the conference are available on the Tanana Chiefs Conference website, including 3 articles related to tribal courts that will be appearing in an upcoming issue of the Justice Center's quarterly research publication, the Alaska Justice Forum.

See slideshow from the conference below.


Tuesday, December 3, 2013

Tribal Court Judge David Voluck discusses Indian Country, tribal courts, and Native law

Tribal Judge Voluck (at podium) presents a context for tribal courts and Native law.

Tribal Judge David Voluck spoke on November 18 about "The Resurgence of Tribal Courts: A Tribal Judge's Perspective" at the UAA/APU Consortium Library.

Judge Voluck is an attorney in Sitka, and in 2008 was appointed Chief Judge of the Sitka Tribal Court. In 2010, he was appointed Magistrate/Judge for the Central Council of the Tlingit & Haida Indian Tribes. Judge Voluck was appointed Presiding Judge Pro Tem in 2012 for the Aleut Community of St. Paul Island Tribal Government.  His legal experience includes work for the Sitka Tribe of Alaska and as a member of the law firm of Landye, Bennett, and Blumstein, LLP.  Judge Voluck is the co-author with David Case of the legal treatise, Alaska Natives and American Laws. He is a noted lecturer on a variety of topics related to Indian law, tribal courts, Native culture, and their interplay with religion.

Judges from Kenaitze Indian Tribe Tribal Court also attended the event and participated in the question and answer session.
Prof. Ryan Fortson, J.D., Ph.D., was the faculty coordinator for this event.

L to r: Kenaitze Tribal Court Judge Rusty Swan, Tribal Court Judge David Voluck,
Kenaitze Chief Tribal Court Judge Kim Sweet, Kenaitze Tribal Court Judge Susan Wells, and Prof Ryan Fortson.

Dr. Steve Langdon speaks about recent developments in Dena'ina recognition to Dr. Fortson's Tribal Courts class

Dr. Langdon talks about the efforts to recognize Dena'ina place names and events in Southcentral Alaska.
Dr. Steve Langdon, UAA Anthropology Dept. Chair, spoke to Dr. Ryan Fortson's JUST/LEGL A485 Tribal Courts class on November 1 about the history of the Dena'ina people in Southcentral Alaska and the continuing efforts to recognize Dena'ina place names and events.

L to r: Dr. Ryan Forston, Tenaya Stanton (student), and Dr. Langdon
discuss the future of the project.
Dr. Langdon provided an overview of some of the major laws and legislation affecting Alaska Natives, as well as the significant events in Alaska's history that have impacted the culture and traditions of the Cook Inlet Dena'ina, especially since the establishment of Anchorage in 1915.

Working with James Fall and UAA graduate Aaron Leggett (Dena'ina tribal member), Dr. Langdon has sought to establish recognition of Dena'ina place names and events.  Stimulated by collaborative student projects at UAA, coordinated with the Eklutna village tribe, and supported by the Cook Inlet Historical Society, new signage depicting Dena'ina cultural heritage has been erected in the Anchorage area over the past four years.  Dr. Langdon began working on this project in 2005.

For more information on the project, contact Dr. Steve Langdon, 786-6848 or email him at sjlangdon@uaa.alaska.edu 

Monday, November 11, 2013

Tribal Judge David Voluck speaks at UAA Library on Monday, November 18

Tribal Judge David Voluck, Central Council of the Tlingit & Haida Indian Tribes, will speak at UAA next week on "The Resurgence of Tribal Courts: A Tribal Judge's Perspective":

Date: Monday, November 18
Time: 6:30 - 7:30 p.m.
Place: UAA/APU Library, LIB 307
This event is free and open to UAA students, faculty, staff, and the public.

Judge Voluck is an attorney, and in 2008 was appointed Chief Judge of the Sitka Tribal Court. In 2010, he was appointed Magistrate/Judge for the Central Council of the Tlingit & Haida Indian Tribes. Judge Voluck was appointed Presiding Judge Pro Tem in 2012 for the Aleut Community of St. Paul Island Tribal Government.  His legal experience includes work for the Sitka Tribe of Alaska and as a member of the law firm of Landye, Bennett, and Blumstein, LLP.  Judge Voluck is the co-author with David Case of the legal treatise, Alaska Natives and American Laws. He is a noted lecturer on a variety of topics related to Indian law, Tribal Courts, Native culture, and their interplay with religion.

Prof. Ryan Fortson, J.D., Ph.D., Justice faculty, is the coordinator for this event.

Photo by Lisa Jaeger.

Tuesday, October 15, 2013

30th annual tribal courts conference in Fairbanks brings together federal, state, and local representatives

Dr. Cory Lepage and Dr. Ryan Fortson, Justice faculty, and Barbara Armstrong, editor of the Alaska Justice Forum, attended the 30th Annual Alaska Tribal Court Development Conference, August 6-8, in Fairbanks. The event was hosted by the Tanana Chiefs Conference.

Forty-seven tribal courts were represented at the conference. Participants included tribal court judges, court clerks, tribal administrators, Native village representatives, as well federal and state agency representatives.  The agenda included presentations on tribal court initiatives, tribal court assessments, funding opportunities for tribes, due process in tribal courts, child protection cases in tribal courts, diversion programs for youth, state-tribal relations, and state court outreach.

At the conference, Chief Judge Ingrid Cumberlidge of the Qagan Tayagungin Tribe, Sand Point, was presented a Faculty Award Milestone from the National Tribal Judicial Center at the National Judicial College for 5 years of teaching. Judge Cumberlidge has volunteered many hours of her time to teach for the National Judicial College.

 The conference is funded by the U.S. Department of Justice and the Bureau of Indian Affairs through the National Tribal Judicial Center at the National Judicial College, Tanana Chiefs Conference, and the University of Alaska Fairbanks Tribal Management Program.

Opening day of the conference.

Chief Justice Robert Yazzie (Ret.),
Supreme Court of the Navajo Nation,
Window Rock, Arizona.

  
L to r (standing): Prof. Kevin Illingworth, UAF Tribal Management
Program; John Moller, Office of Governor Sean Parnell; Dr. Ryan Fortson &
Dr. Cory Lepage, UAA Justice Center; Prof. Jeff May, UAF Justice Dept.
Seated in foreground: Lisa Jaeger, Tanana Chiefs Conference

Chief Judge David Raasch (Ret.),
Mohican Nation Tribal Court

Justice Dan Winfree,
Alaska Supreme Court

L to r: Dr. Cory Lepage, UAA Justice Center; Judge David Voluck,
Central Council of Tlingit and Haida Indian Tribes of Alaska;
Dr. Ryan Fortson, UAA Justice Center; attorneys Holly Handler
and Tina Reigh, Alaska Legal Services Corporation.

L to r: Christine Folsom-Smith, Director, National Tribal Judicial
Center, National Judicial College, presents a
Faculty Milestone Award to Chief Judge Ingrid Cumberlidge
of Sand Point.

Tuesday, April 2, 2013

Tribal Courts in Alaska - final presentation for National Criminal Justice Month - draws nearly 100 people

Tribal Courts panelists l to r: Magistrate Judge Christopher McLain, Alaska Court System; Natalie Landreth,
Native American Rights Fund; Lisa Jaeger, Tanana Chiefs Conference; Prof. Kevin Illingworth, UAF Tribal
Management Program; Walter Monegan, Alaska Native Justice Center, moderator.

"Tribal Courts in Alaska: Past, Present, and Future" was the topic of the final presentation in the 2013 National Criminal Justice Month lecture series on Wednesday, March 27.  A distinguished panel of experts discussed the history of tribal courts and the concept of sovereignty, the organization of and training for tribal courts, jurisdictional issues, and how the Alaska Court System has been engaging with villages along the upper Yukon in the sentencing of misdemeanors.

Panelists included: 
  • Walt Monegan, Alaska Native Justice Center CEO/President, Moderator 
  • Kevin Illingworth, Tribal Management Program Head and Assistant Professor, Interior-Aleutians Campus, UAF 
  • Lisa Jaeger, Tribal Government Specialist, Tanana Chiefs Conference
  • Natalie Landreth, Staff Attorney, Native American Rights Fund
  • Magistrate Judge Christopher McLain, Alaska Court System
Nearly 100 persons attended the event which was videotaped and podcast. The video and a link to the podcast are below.  Materials for the program, including 2 PowerPoint presentations are available on the Justice Center website.

The program was sponsored by the Justice Center, the Justice Club, and the Pre-Law Society.

Media stories:
KTUU Channel 2 News: “UAA Forum Brings Awareness to Tribal Courts,” Blake Essig, March 27, 2013
KNBA 90.3: “Panel Discusses Alaska Tribal Courts,” Joaqlin Estus, March 28, 2013

Click here to listen to the podcast.

Watch the video:



Prof. Kevin Illingworth explains tribal sovereignty.


At podium: Magistrate Judge Christopher McLain discusses his work in villages along the Upper Yukon.

Center: Lisa Jaeger talks about tribal government in the Tanana Chiefs region.


At podium: Walt Monegan, moderator, opens the program.


At podium: Dr. Allan Barnes, Justice Center Acting Director, begins the q & a session.

Monday, March 18, 2013

Save the date - March 27! National Criminal Justice Month panel on Tribal Courts in Alaska

Photo by Lisa Jaeger

Tribal Courts in Alaska: Past, Present, and Future

This is the last in the 2013 series of  presentations for National Criminal Justice Month.

Panelists

  • Walt Monegan, Alaska Native Justice Center CEO, Moderator 
  • Kevin Illingworth, Tribal Management Program Head and Assistant Professor, Interior-Aleutians Campus, UAF 
  • Lisa Jaeger, Tribal Government Specialist, Tanana Chiefs Conference
  • Natalie Landreth, Staff Attorney, Native American Rights Fund
  • Magistrate Judge Christopher McLain, Alaska Court System 
Date/time: Wednesday, March 27, 2013, 7:00 - 9:00 p.m.
Location:
UAA/APU Consortium Library, LIB 307
Parking is free in the library surface lots.


All events are free and open to UAA students, faculty, staff, and the public.

National Criminal Justice MonthThis year is the 3rd annual series of presentations focusing on criminal justice issues for National Criminal Justice Month. The  Justice Center, Justice Club, and the Pre-Law Society are co-sponsors of this event.

Click here for information on all the presentations for 2013 National Criminal Justice Month.

Tuesday, March 5, 2013

Visiting Distinguished Professor Willie Hensley talks to Prof. Fortson's Alaska Native law class about Alaska Native land issues

Center: Prof. Willie Hensley explains the background of the Alaska Native Claims Settlement Act (ANCSA).

Willie Hensley, one of Alaska's most well-known leaders and a Visiting Distinguished Professor of Business and Public Policy in the UAA College of Business and Public Policy, spoke on February 28 to a combined group of students from Prof. Ryan Fortson's Alaska Native law class and Prof. Terry Kelly's contemporary philosophy class.

Prof. Hensley was a  key figure in the passage of the Alaska Native Claims Settlement Act, and he highlighted the issues surrounding the struggle for recognition of land claims by Alaska Natives, and the history of relations between Alaska Natives and the state and federal governments.

Center l to r: Just prior to Prof. Hensley's presentation, Prof. Kelly and Prof. Fortson, J.D., listen as a student outlines some of the issues in Native land claims .

Monday, February 11, 2013

Don't miss this 3rd annual series of events for National Criminal Justice Month in March!

National Criminal Justice Month 2013 poster
The  Justice Center, Justice Club, and the Pre-Law Society are sponsoring a series of lectures for National Criminal Justice Month in March.  This is the 3rd annual series of presentations focusing on criminal justice issues.

All events are free and open to UAA students, faculty, staff, and the public. The series will be held in the UAA/APU Consortium Library, 3rd floor, LIB 307.  Parking is free in the library surface lots.

Friday, March 1, 2013 – 6:30 – 7:30 p.m.
Working in Institutional and Community Corrections

  • Anthony Piper, Alcohol Safety Action Program (ASAP) Program Manager, Alaska Department of Health and Social Services
  • Rebecca Tozer, Probation Officer II, Alaska Department of Corrections
  • Lt. Scott Dial & Sgt. Rodney Ramirez, Alaska Department of Corrections 
Thursday, March 7, 2013 – 6:30 – 7:00 p.m.
Gideon v. Wainwright: Celebrating 50 Years of Public Defenders for Criminal Offenses and a Proposal for a “Civil Gideon”
  • Prof. Richard Curtner, Federal Defender, Federal Defender’s Office 
  • Michael Schwaiger, Assistant Public Defender, Alaska Public Defender Agency 
  • Nikole Nelson, Executive Director, Alaska Legal Services Corporation
Wednesday, March 27, 2013 – 7:00 p.m. – 9:00 p.m. (note different start time)
Tribal Courts in Alaska: Past, Present, and Future

  • Walt Monegan, Alaska Native Justice Center CEO, Moderator 
  • Kevin Illingworth, Tribal Management Program Head and Assistant Professor, Interior-Aleutians Campus, UAF 
  • Lisa Jaeger, Tribal Government Specialist, Tanana Chiefs Conference
  • Natalie Landreth, Staff Attorney, Native American Rights Fund
  • Magistrate Judge Christopher McLain, Alaska Court System





Tuesday, August 21, 2012

Tribal courts conference brings together tribal, state, and federal representatives

Dr. Brad Myrstol and Dr. Cory Lepage, Justice faculty. and Barbara Armstrong, editor of the Alaska Justice Forum, attended the 29th Annual Alaska Tribal Court Development Conference, August 7-9, in Fairbanks.

Over 175 tribal court judges, court clerks, tribal administrators, Native village representatives, as well federal and state agency representatives participated.  The agenda included presentations on tribal court procedures, restorative justice, state/tribal relations, domestic violence, and juvenile cases.

 "Domestic Violence: What Can Tribes Do?" panel members present to the attendees.
 The conference is funded by the U.S. Department of Justice and the Bureau of Indian Affairs through the National Tribal Judicial Center at the National Judicial College, Tanana Chiefs Conference, and the University of Alaska Fairbanks Tribal Management Program.

Premiere of documentary at conference
A highlight of the conference was the premiere of  the documentary film, "The Story of Federal Indian Law in Alaska." The film was produced by Lisa Jaeger, Tanana Chiefs Conference, and Kevin Illingworth, University of Alaska Fairbanks Interior Aleutian Campus, with funding from the Bureau of Indian Affairs, Office of Tribal Services. Copies of the film will be made available statewide.

L to r: Dr. Cory Lepage and Dr. Brad Myrstol, UAA Justice Center,
and  Prof. Kevin Illingworth, UAF Tribal Management Program.

2012 National Survey of Tribal Court Systems announced at conference
The 2012 National Survey of Tribal Court Systems to be conducted by the U.S. Department of Justice (DOJ) Office of Justice Programs (OJP) Bureau of Justice Statistics (BJS) was announced at the conference. Survey materials will be sent in early 2013 to tribal courts. 



Donna Folger, Tanana Tribal Family Youth Specialist (at podium), addresses participants
during the "Circle Sentencing, Restorative Justice" panel.
L to r: Dr. Brad Myrstol, UAA Justice Center, and Lisa Jaeger,
Tanana Chiefs Conference.
 Mishal Gaede, Tanana Chiefs Conference, (at podium) opens the "Alaska Tribal Court" panel.
Immediately to left of the podium is Elder Tribal Court Judge MaryAhkivgak from the
Native Village of Barrow.

Thursday, August 18, 2011

Tribal court conference brings together tribal, state, and federal representatives

Justice Center Director Dr. AndrĂ© Rosay, faculty member Dr. Cory Lepage, and Alaska Justice Forum editor Barbara Armstrong attended the 27th Annual Alaska Tribal Court Development Conference in Fairbanks, August 9-11, 2011. Over 90 tribal court judges, court clerks, tribal administrators, Native village representatives, as well federal and state agency representatives participated.  The agenda included presentations on tribal court procedures, restorative justice, and  state/tribal relations.

This event is funded by the U.S. Department of Justice and the Bureau of Indian Affairs through Tanana Chiefs Conference, the National Tribal Judicial Center at the National Judicial College, the University of Alaska Fairbanks Interior Aleutians Campus, and the University of North Dakota School of Law Tribal Judicial Institute.

Due Process and Essential Practices for Tribal Courts panel (l to r): Tribal Court Chief Judge Ingrid Cumberlidge, Sand Point; Natasha Singh, Tanana Chiefs Conference General Counsel; Natalie Landreth, Native American Rights Fund Staff Attorney; and Kevin Illingworth, UAF Tribal Management Program Director. 

Mock Circle Sentencing participants (l to r): Tribal Program Specialist David Raasch, Fox Valley Technical College, WI; Sue Hollingsworth, former Tribal Court Facilitator, Tanana Chiefs Conference; Jackie Wholecheese, Native leader, Huslia; Kathy Morgan, Nenana tribal member; State of Alaska District Court Magistrate Christopher McLain, Galena; Kevin Illingworth, UAF Tribal Management Program Director; and Mishal Gaede, Tribal Court Facilitator, Tanana Chiefs Conference.  Tribal Government Specialist Lisa Jaeger, Tanana Chiefs Conference (seated in chair off stage to far left) acted as recorder for the group.
Alaska Court System panel (l to r): District Court Magistrate Christopher McLain, Galena; District Court Magistrate Dacho Alexander, Fort Yukon; District Court Magistrate Alicemary Rasley, Fairbanks; Superior Court Judge Randy Olsen, Fairbanks; and Alaska Supreme Court Justice Daniel Winfree, Fairbanks.