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The tribal court experience is like no other.

Judicial law clerks can be helpful allies in navigating the many issues facing our tribal Part I. Introduction
justice systems. Like state and federal courts, tribal courts resolve a wide range of issues
involving governance, families, business, contracts, and property disputes. However, tribal
courts face challenges unique to Indigenous communities, such as tribal citizenship, law
enforcement, and jurisdiction. Tribal judges resolve these challenges by applying customs
and traditions along with federal Indian law precedent. Tribal courts are the ultimate
form of tribal sovereignty because tribal judges have the autonomy to rebuild their
communities outside the control of colonial systems. Now, more than ever, it is important This Guide offers general information on the creation,
to recognize the value that Native perspectives bring to the bench. The creation of
clerkships can contribute to the diversity of experience and knowledge that strengthens maintenance, and operation of tribal judicial law clerkships
the judiciary and bar.
throughout Indian country.

The path to the judiciary is not a path to walk alone.

New attorneys and law students can flourish and prosper under the guidance of tribal Unfortunately, in Indian country, “[v]ery few judges have enjoyed the luxury of a
1
judges and justices. Tribal judges can guide new judicial law clerks as they explore clerk’s services—mostly due to lack of financial resources.” Many tribal judges have a
tribal justice systems. Judges can help clerks by providing opportunities to engage large docket and may find themselves buried under a heavy caseload. The clerk is an
meaningfully with justice systems, communities, and the legal profession within assistant, a consultant, and a confidant who is always at the judge’s side. Every tribal
Indian country. Therefore, tribal judges have a unique opportunity to enrich a clerk’s judge can benefit from the service of such a person. A clerk helps judges process
professional education while promoting the advancement of the tribal judiciary. cases efficiently and enhances the quality of the decision-making process.

The goal of this Guide is to help tribal courts create or

We hope you find this Guide modify clerkships in their tribal court systems.

useful and informative, and Tribal judges can adapt the information presented

here to suit their court’s needs.

are successful in hiring a

judicial law clerk. The Guide contains six parts, followed by appendices.

1 Massey Mayo Case & Jill E. Tompkins, A Guide for Tribal Law Clerks and Judges, 9 (University of Colorado Law
School 2007) (ebook).
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