What Are Tribal Courts?

Tribal courts are formalized systems established by American Indian and Alaska Native tribes for resolving criminal and other legal matters. There is a great deal of variation in the types of tribal courts and how they apply tribal laws. Some tribal courts resemble Western-style courts in that written laws and court procedures are applied. Others use traditional Native means of resolving disputes, such as peacemaking, elders' councils, and sentencing circles. Some tribes have both types of courts. The Bureau of Indian Affairs (BIA) also manages a small number of CFR (Code of Federal Regulations) courts.

As a result of a variety of historical Congressional actions and ongoing Supreme Court decisions, the tribal justice system is complex. Congressional actions have given power to enforce major crimes that occur in Indian Country to the federal government. Tribal justice systems are also prohibited from prosecuting non-Indians, even if their offenses occur on tribal lands. Tribal courts do have broad authority to hear civil disputes, particularly in the area of domestic relations, such as child custody proceedings.

Most tribes receive limited funding from the Bureau of Indian Affairs (BIA) to operate their court systems, although many supplement this funding with their own resources. Since 1999, BJA has administered the Tribal Courts Assistance Program, designed to provide funds for tribes to plan, operate, and enhance tribal judicial systems.

BJA Resources Related to Tribal Courts

BJA Tribal Court Grantees

Other Resources for Tribal Courts

National American Indian Court Judges Association
National Association of American Indians
National Center for State Courts, Tribal Courts Knowledge and Information Services
National Indian Justice Center
National Tribal Judicial Center
National Tribal Justice Resource Center
Native American Alliance Foundation
Northern Plains Tribal Judicial Institute
Tribal Court CASA Project
Tribal Court Clearinghouse
Office of Justice Programs' American Indian and Alaska Native Affairs Desk

State and Local Tribal Court Resources

Sandia Pueblo Court System (New Mexico)
University of Alaska Anchorage Justice Center "Alaska Natives and the Courts" (Alaska)
Sisseton-Wahpeton Sioux Tribal Treatment Court Policies and Procedures (South Dakota)

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