Always Practice Due Diligence

Whether you're an individual or a tribe, when you enter into a business relationship, you need to know who you're dancing with! Check out the article in Indian Country Today about how Lamar Associates can help you with due diligence checks.

Protecting All Women Under VAWA

Since 1994, the Violence Against Women Act has been protecting women who have been victims of domestic abuse or sexual violence.  The law is up for reauthorization now and the House Judiciary committee has stripped out the language that would strengthen the capacity of tribal law enforcement to prosecute crimes against women under their jurisdiction.

Native American women suffer abuse at far greater rates than other American women. Sadly, there are a significant number of Native women who are currently unprotected by the law. Battering, abuse and rape cases involving a Native woman and a non-Native man have generally gone unprosecuted because of the lack of tribal jurisdiction over the non-Native man, even if he lives on the reservation.

The reauthorization bill submitted by the Senate allows tribes to prosecute non-tribal members who hurt Native women, but the response from the House has been to strip out these protections. The White House has joined a chorus of calls for House leadership to pass new legislation that doesn't make law enforcement pick and choose which cases they can prosecute. Supporters hope that an amendment restoring protection for Native women can be introduced on the floor.

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The Ever-Changing Jurisdictional Maze

A bill is making its way through the Washington state legislature right now that creates a procedure to for tribes to request jurisdiction over civil and criminal matters, including delinquency, truancy and adoption. On the flip side, the New Mexico Supreme Court just restricted tribes' sovereign immunity when it comes to casino liquor sales.

Anyone who has worked in Indian Country justice knows figuring out authority and responsibility in any given case can be a challenge. Often the laws were confusing to begin with and the jurisdictional landscape keeps changing through court and legislative actions. To help you get a grip on who has jurisdiction when, Indian Country Training instructor Joseph Rosen is offering a terrific webinar on April 5th on Criminal Jurisdiction in Indian Country under TLOA. Don't miss this participatory and interactive course- you won't even have to leave your desk to take it.