George Sword: First Native Police Captain

Captain George Sword, center
Library of Congress
Prints and Photographs Division

The Oglala Lakota Sioux akicita society traditionally enforced the law, ensured the security of the tribe, and captured wrongdoers. During the early reservation days, the akicita earned the respect of the Indian Agents and continued to do their duty as regards to tribal members. They were so effective, the Agency wanted to recruit the akicitas as tribal police but many tribal members opposed oversight from the government.

It may have been an issue of jurisdiction that inspired many akicitas to overcome their distrust of the government and sign up with the tribal police. Horse thieves from outside the tribe were preying on the Lakota horses, and without jurisdiction, there was nothing the akicitas could do. After hundreds of horses were lost in 1879, dozens of men signed up for the police. George Sword, also known as Man Who Carries the Sword, ably led the police for thirteen years, before retiring and becoming a tribal judge. Sword served his tribe as a medicine man, holy man, camp administrator and war leader. He felt his work as police captain continued this work, helping his people transition to the new era.

As head of the Pine Ridge Indian police, Captain Sword commanded 49 men, including many recruits from outside the tribe and maintained his traditional appearance and duties while serving.

More Prosecutions, More Transparency, Better Relationships

A report for the Attorney General on Indian Country highlights the improvements that TLOA has wrought. Federal prosecutions for crimes committed on reservations is up 54% since 2009. Tribes and feds are also working together to decide whether cases should be tried in tribal courts or in federal courts, resulting in building trust and respect on both sides.

 Declinations are still high in some areas, but in others, they're down to about 20%. In the past two years, declined cases were overwhelmingly due to a lack of evidence. Tribes and prosecutors alike insist that the declination rate doesn't matter so much as long as everyone is working together. Grant Walker, the tribal prosecutor for the Standing Rock Sioux, said, “Declinations aren’t really a big deal anymore to us because we know what the case is, and if the federal government declines we’ve already had a chance to prosecute that case too. So it’s not like the ball is hidden, and the prosecution’s office doesn’t know about it.”

Have you been seeing a difference in your community? Join us at SafeRez to talk about justice, health and improving our tribal communities.

House Bill Keeps Tribal Protections

Republicans in the U.S. House have introduced the Violence Against Indian Women Act of 2013 in response to concerns about the VAWA reauthorization recently passed in the Senate. While this bill protects the rights of tribes to prosecute non-Indians accused of domestic violence on tribal lands, offenders would have the right to request federal prosecution if they felt their Constitutional rights were being violated.

Senator John Barrasso from Wyoming, vice-chair the Senate Committee on Indian Affairs, voted against a previous version of VAWA but supports this one. Barrasso’s spokeswoman, Emily Lawrimore, told Indian Country Today Media Network, “He voted against the recent VAWA bill because it contains provisions that would likely be ruled unconstitutional by the courts. A Supreme Court ruling against this provision could be damaging to tribal authority and have irreversible consequences.”

So will this fix work to ensure the law holds up in court, or will it maintain the status quo, where domestic violence cases rarely get attention from federal prosecutors? Please join us at our LinkedIn Group, SafeRez, to share your thoughts!

Take Action on VAWA

The 112th Congress failed to reauthorize the Violence Against Women Act, in part because of its new protections for Native women, which apparently was a sticking point for House Republicans. A new version of the bill, which preserves the protections for Native women, will be voted on in the Senate as early as next week. The National Congress of American Indians have a number of ways you can support the bill.

You can:
Join a National Call TODAY, 3-4 pm EST by calling (877) 856-2376 | Conference ID: 95462308
Call or email your Senators to express your support of the bill: (202) 224-3121 (Capitol switchboard)
**Don't forget to ask them to sponsor the bill if they aren't already!
Participate in the "We need VAWA because...." campaign on Facebook, Instagram & Twitter by using the hashtag #VAWA or #NCAI1944
Join a State of VAWA Twitter chat February 11 at 2 pm EST

Native Women May Be Excluded From VAWA Reauthorization

Rumors are swirling in DC about what's stalling the reauthorization of the Violence Against Women Act. The House bill, which stripped protections for Native women victimized by non-Native men, among other groups, must be reconciled with a more inclusive Senate version. Indian Country Today Media Network was able to get some confirmation that the GOP is blocking the reauthorization solely to prevent the inclusion of protections for Native women. Representative Tom Cole, a Republican from Oklahoma and a member of the Chickasaw nation, argues that Tribes deserve local jurisdiction and that tribes need effective police power and protection in their own territory. The National Task Force to End Sexual and Domestic Violence Against Women also clarifies some of the facts about Title IX, Safety For Indian Women.

If you want Native women to have protection from domestic violence—no matter who commits it— contact Congressman Eric Cantor, who is leading the negotiations to draft new legislation before Congress breaks for the holidays.

Take Action to Help Native Women

October is the month to take action to support justice for Native women throughout the United States. You can sign a petition encouraging Congress to take immediate action to pass the reauthorization of VAWA, the Violence Against Women Act.

Recovering Funds Will Be Hard For Navajo Nation

As tribes have more money to invest, unscrupulous individuals are targeting them for scams. Take the case of the Navajo Nation, who invested in a Shiprock company whose Colorado-based owner stole millions and is now being prosecuted for federal tax evasion. As it turns out, the Navajo don't even have jurisdiction over this fraud.

If your tribe has money to invest, always complete due diligence research on your prospective partner before signing on the dotted line. Due diligence is more than a Google search; it's an in-depth study of whether the company or individual is honest, reliable and whether they are going to do the right thing with your money. Our researchers have decades of experience and will be happy to help.

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.

Visit msnbc.com for breaking news, world news, and news about the economy

Officer Safety in Indian Country

On May 3, I joined Ted Quasula, Retired Director, and Darren Cruzan, current Director of the Bureau of Indian Affairs  law enforcement to honor the many heros who have given their lives to protect Indian County. The memorial at the FLETC center in Roswell now has nearly 100 names.

Being a cop in Indian Country is hard and dangerous work and can affect a person's mental health and in turn their physical health. Join us online and onsite for a series of Officer Safety training events.

Start with a free webinar on Officer Safety and Wellness to learn the basics. Then sign up for our three-day Officer Survival and Wellness Training training at Santa Ana Pueblo. This three day course involves one day of classroom instruction and two full days on the live fire range and training simulator. Participants will return back to their departments with practical experience utilizing skills learned in various situational contexts.

Register for our Tribal Jurisdiction Webinar

Here's the announcement, with a link to the registration page, for the upcoming Tribal Jurisdiction webinar.