Introduction
Alaska Native tribes have a distinct legal structure that allows them to create and implement their own laws, which often reflect their unique traditional values and customs. They can assert jurisdiction over both their own members and outsiders. Furthermore, they have authority over child custody cases, an authority they can exercise directly or through agreements with state courts.
Tribal Legal Authority and Development of Codes of Conduct
The Alaska Native tribes have the authority to develop and enforce their own tribal laws and codes of conduct. These codes are unique to each tribe and often incorporate traditional practices and values. The codes usually define the jurisdiction and procedures of the tribal court in deciding cases. For example, the Tlingit and Haida Indian Tribes of Alaska have established a Tribal Law and Order Code that outlines the criminal and civil jurisdiction of their tribal court (Central Council Tlingit & Haida Indian Tribes of Alaska). The code grants the court jurisdiction over any criminal offense within the tribe’s jurisdictional area, including crimes committed by non-tribal members.
Jurisdiction in Child Welfare Under the Indian Child Welfare Act
The Indian Child Welfare Act (ICWA) is a federal law that provides tribal courts with authority over child custody cases involving Native American children. The custody and placement decisions for the best interests of the child are determined by the tribal courts, as mandated by the ICWA. For example, the tribal court must be informed if a Native American child is placed in foster care or is available for adoption, so they can claim jurisdiction (Savage).
Concurrent Jurisdiction Between Tribal and State Courts in Alaska
Alaskan tribal courts can exert jurisdiction through concurrent jurisdiction agreements with state courts (Alaska Tribal Sovereignty and Jurisdiction). These agreements enable tribal courts to hear cases typically handled by state courts, including child custody, domestic violence, and other family law matters. For example, the Sitka Tribe of Alaska shares jurisdiction with the state government, allowing its court to preside over child custody cases regardless of whether the parties involved are tribal members or not (Sitka Tribe of Alaska). Under this agreement, the tribal court is required to comply with state law and procedures. Still, it retains the authority to make decisions regarding custody and placement.
Tribal Court Authority Over Non-Members and Specific Case Types
There are various scenarios in which a tribal court may exercise jurisdiction over both tribal members and non-members. Domestic violence cases within the tribe’s jurisdiction, like those committed by non-tribal persons, can be heard in tribal courts. For example, the Metlakatla Indian Community has a Domestic Violence Protection Order that allows the tribal court to issue restraining orders against anyone who has committed domestic abuse within their jurisdictional area (18 USC 2265). Furthermore, tribal courts in Alaska can also exercise jurisdiction over hunting and fishing violations committed by both tribal members and non-members. The Bristol Bay Native Association has a Tribal Wildlife Code that empowers its court to adjudicate cases involving violations of federal and state hunting and fishing laws within its jurisdictional area.
Conclusion
In conclusion, the complex legal framework enables Alaska Native tribes to assert jurisdiction over both their members and non-members, thereby preserving their sovereignty and traditional values. Tribal law codes guide their court procedures and decisions. Their authority is explicitly affirmed in areas like child custody for Native children through the ICWA, and it is extended through agreements that allow them to handle certain cases usually heard in state courts.
Works Cited
“Alaska Tribal Sovereignty and Jurisdiction: Major Case Law Affecting Alaska Tribal Jurisdiction.” University of Alaska Fairbanks, Web.
“Central Council Tlingit & Haida Indian Tribes of Alaska – Tribal Code.” National Indian Law Library, Web.
Savage, David G. “Supreme Court Weighs Native American Adoption Law.” Los Angeles Times, Web.
“Sitka Tribe of Alaska – Tribal Services.” Family Services, Web.
“18 USC 2265: Full Faith and Credit given to Protection Orders.” OLRC, Web.