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State and Tribal Court: Strategies for Bridging the Divide

NCJ Number
238525
Author(s)
Aaron F. Arnold; Sarah Cumbie Reckess; Robert V. Wolf
Date Published
2011
Length
29 pages
Annotation
This report from the Center for Court Innovation presents information on current collaboration efforts to bridge the differences between State and Tribal courts.
Abstract
This report notes that while State and Tribal courts in many areas of the country have overlapping jurisdictions and need to deal with local problems that impact both systems, past cultural differences and inconsistent Federal policies have contributed to ongoing tensions between State and Tribal governments that have prevented these entities from working effectively for their communities. This report from the Center for Court Innovation details current collaboration efforts to bridge these differences. The report begins with a discussion on the historical background of the problem and presents information on Federal Indian policy and the development of Tribal courts. This is followed by a discussion of current barriers to communication that includes jurisdictional confusion, misperceptions, and the impact of Federal policies. Current collaboration efforts to bridge the differences between State and Tribal courts are also discussed and include State-Tribal court forums, joint jurisdiction courts, written agreements, culturally-competent programs in State courts, and professional training. Some of the culturally-competent programs discussed in the report include sentencing circles, elder mentoring, and adoption/subsidized guardianship. Endnotes