TRIBAL JUDICIAL SYSTEMS -- HON. TOM UDALL (Extensions of Remarks -
November 11, 1999)
[Page: E2365]
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HON. TOM UDALL
OF NEW MEXICO
IN THE HOUSE OF REPRESENTATIVES
Wednesday, November 10, 1999
- Mr. UDALL of New Mexico. Mr. Speaker, today I introduce legislation that
will improve tribal judicial systems through training, technical assistance,
and civil and criminal legal assistance.
- Recently, a nationwide survey conducted by the Department of Justice's
Bureau of Justice Statistics found that American Indians are victimized by
violent crime at two times the rate of the general population. The staggering
poverty, unemployment and violent crime statistics of many Indian communities
is a contrast to other communities that are experiencing strong economic
health, low unemployment, and decreasing crime rates in other parts of
America.
- Mr. Speaker, equal access to justice is important to all Americans. As a
past U.S. Assistant District Attorney and the former Attorney General for the
State of New Mexico, I had numerous opportunities to work with tribal court
judges, tribal court administrators and tribal court personnel. I became aware
of the work of such Indian legal services programs of the Legal Services
Corporation as Indian Pueblo Legal Services in New Mexico, and DNA Peoples
Legal Services on the Navajo Reservation. These tribal judges and Indian Legal
Services program attorneys deal with many of the same kinds of cases that make
up state dockets: traffic, domestic violence, child welfare and assault, to
name a few. But often these court personnel and legal representatives face
staggering caseloads and are only able to draw upon limited resources such as
the availability of law books, computers, personnel, or staff
training.
- The legislation I introduce today would do three important things. It
would authorize the Attorney General to award grants from within existing
programs at the Department of Justice. The grants would be used for the
purpose of improving tribal judicial systems through training, technical
assistance and civil and criminal assistance.
- Second, the bill would provide that the Attorney General may award grants
and provide technical assistance to Indian tribes for the development,
enhancement and continuing operation of tribal justice systems. These grants
and technical assistance may be used for such activities as code development;
the development of intertribal courts and appellate systems; probation
services, sentencing and alternative sentencing and diversion programs;
juvenile justice services and multi-disciplinary protocols for child physical
and sexual abuse; and traditional tribal justice practices and dispute
resolution methods.
- And last, the legislation would amend the Indian Tribal Justice Act of
1993 to extend the authorization for appropriations under the Act from fiscal
year 2000 through fiscal year 2007. The Indian Tribal Justice Act of 1993
authorized base funding through the Bureau of Indian Affairs for the more than
250 existing tribal justice systems at a level of $58.4 million annually.
However, no funds have yet been appropriated under the act.
- This bill is intended to be a complement to, rather than a substitute for
direct federal funding to tribal governments in the area of tribal justice.
Because tribal court judge organizations and Indian Legal Services programs do
not wish to compete with tribal courts, the bill provides that the grants
authorized under the act are outside of the Department of Justice's funds for
the tribal courts program.
- Finally, Mr. Speaker, this is a companion bill to legislation already
considered by the other Chamber, S. 1508, which was introduced on August 5,
1999, by Senator BEN NIGHTHORSE CAMPBELL.
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