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Serving American Indian/Alaska Native communities since 1996
Violence Against Women Act (VAWA) 2022
Please visit our TribalVAWA.org page for additional information.
The Tribal Law and Order Act of 2010 (TLOA) and the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) amended the Indian Civil Rights Act (ICRA) to impose qualification requirements on tribal court judges presiding over the prosecution and sentencing of certain cases. In two circumstances this exists: (1) when a tribal court prosecutes a non-Indian defendant (under VAWA 2022’s Special Tribal Criminal Jurisdiction) and the defendant faces the possibility of incarceration or (2) when a tribal court sentences any defendant to greater than one year imprisonment (under TLOA’s Enhanced Sentencing Authority), the presiding judge must meet two requirements proscribed by Federal law:
(1) have “sufficient legal training to preside over [a] criminal proceeding[],” and
(2) be “licensed to practice law by any jurisdiction in the United States.”
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This publication focuses on the first requirement, that a judge presiding over a criminal case involving a non-Indian defendant (or presiding over a TLOA Enhanced Sentencing Authority case) have “sufficient legal training to preside over criminal proceedings.”
This publication explores the origins and implications of the fair cross-section requirement, drawing on relevant Federal jurisprudence, particularly the landmark U.S. Supreme Court case Duren v. Missouri. It also addresses some of the practical challenges tribes face in defining their communities and assembling representative jury pools. By examining these legal frameworks and practical considerations, this publication provides guidance to Tribal governments about how they can effectively implement the jury provisions of VAWA 2013 while maintaining fairness and upholding community values.
This publication explains the importance of crime victim’s rights codes, the key rights that are often included, and provides some examples of existing Tribal code provisions. The Tribal Law and Order Act of 2010 (TLOA) and the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) and 2022 (VAWA 2022) focus on the scope of Tribal jurisdiction and require certain due process protections for defendants in Tribal courts. Even though it is not required by Federal law, Tribes who are implementing these laws should also consider enacting Tribal laws that protect and provide a voice to victims of crime in Tribal communities if these laws are not already in place.
This publication provides general guidance to assist Tribes in making an informed decision concerning the possible exercise of Tribal criminal jurisdiction over non-Indians. Considerations for exercising criminal jurisdiction over Non-Indians are examined including both the benefits and challenges of exercising criminal jurisdiction over non-Indians. Information is provided concerning the experiences of the implementing Tribes and the role of the Intertribal Technical-Assistance Working Group (ITWG). Extensive information is provided concerning resources available to Tribes interested in exercising this jurisdiction. This publication is part of a two-part series on enhanced Tribal authority, the other publication discusses Tribal Law and Order Act enhanced sentencing authority.
Co-authored Publications:
The Reauthorization of Violence Against Women in 2013 created the Pilot Project, which comprised of five tribes the Confederated Tribes of the Umatilla Indian Reservation, Pascua Yaqui Tribe, Tulalip Tribes of Washington, Assiniboine and Sioux Tribes of Fort Peck, and the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation in North Dakota. These tribes exercised the Special Domestic Violence Criminal Jurisdiction, which restored their partial power to criminally prosecute non-Indians for domestic violence offenses. The Pilot Project Report provides a brief account of the activities during the Pilot Project period from February 2014 – March 2015 and shares recommendations for next steps. (2016)
This report summarizes the results of the first five years of tribal government-expanded criminal jurisdiction over non-Indians under the tribal provisions of the 2013 reauthorization of the Violence Against Women Act (VAWA 2013). (2018)