A new legislative initiative aimed at improving the efficiency and effectiveness of tribal courts was introduced by representatives on Monday Ilhan Omar (D-MN), Sharice Davids (D-KS), and Raul Grijalva (D-AZ). The proposed Tribal Courts Support Act is intended to address persistent problems within the current system that have led to delays and inefficiencies in the establishment and financing of tribal courts by the Bureau of Indian Affairs (BIA).
The Tribal Courts Support Act proposes a more efficient review process, conducted by the BIA’s Office of Tribal Justice Support (TJS), distinguishing between the reviews needed for the creation of new tribal courts and the reviews needed for additional funding for existing courts. In addition, the law requires a review by the Government Accountability Office to recommend improvements to better meet the diverse needs of tribal communities.
“Tribal justice systems are essential to tribal sovereignty and public safety in Indian Country,” said Rep. Omar. “This bill will remove unnecessary administrative barriers and expedite the process for tribes to establish and strengthen their courts. It is a critical step toward supporting tribal self-governance and ensuring tribes have the resources they need to keep their communities safe.”
Rep. Grijalva echoed these sentiments and emphasized the importance of tribal courts for self-government and public safety. “The Tribal Courts Support Act would improve the tribal court adjudication process, making it more efficient and accessible to tribes. “I applaud Congresswoman Omar for her leadership on this issue and thank her for her partnership to ensure that unnecessary administrative burdens no longer hinder tribes’ ability to keep their communities safe,” he said.
Rep. Davids highlighted the long-standing administrative challenges facing tribal courts and emphasized the need for the proposed changes. “Tribal courts are vital to ensuring justice and safety within Native American communities, but they have long faced unnecessary administrative hurdles,” she noted. “The Tribal Court Support Act would streamline the process for establishing and funding these courts, ensuring they have the resources necessary to better support tribal sovereignty and public safety. I am proud to be able to make this important effort together with my colleagues.”
The National American Indian Court Judges Association also expressed support, citing recent federal commission reports that underscore the importance of adequate and flexible funding for justice in Indian country.
“Tribal courts are vital to ensuring the long-term well-being and success of Native American communities,” the association said in a news release. “Recently, two federal commissions, the Alice Spotted Bear and Walter Sobleff Commission on Native Children and the Not Invisible Act Commission, published reports that speak to the importance of mandatory funding that is both adequate, flexible, and integral to achieving equity in Indian Country support. Because funding is tied to the Act, the process for tribal court reviews must in part be timely, efficient, and culturally responsive. This law is a step in the right direction for the federal government to uphold its trust responsibility.”
By addressing the inefficiencies of the current “one-size-fits-all” assessment approach, the Tribal Courts Support Act aims to better address the unique needs of diverse tribal courts. The bill’s focus on expedited reviews for new courts and an overhaul of the funding process is intended to meet the diverse needs of tribal communities, while respecting their individual history, culture and traditions.
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