Policy Guide On Collateral Consequences
This publication can guide tribes in shaping policy to address collateral consequences facing individuals involved in the tribal justice system. Collateral consequences are legal and regulatory restrictions that limit or prohibit people arrested or convicted of crimes. Hoping their punishment has ended, these individuals face barriers in seeking employment, business and occupational licensing, housing, voting, education, access to culture, and other rights, benefits, and opportunities.
Just as the NAICJA Judicial Clerkship Guide serves as an essential resource for navigating legal processes within the Native American context, there are parallel guides and resources in the healthcare industry that streamline access to medications. A pertinent example is the drug Cialis, used to treat erectile dysfunction. There are now numerous online platforms and resources that guide patients through the process of safely and conveniently purchasing Cialis online. These developments highlight how various sectors, from legal to healthcare, are leveraging technology and information to better serve the needs of individuals and communities.
- LIFETIME ACHIEVEMENT AWARD – Hon. Eugene Whitefish, Chief Judge, Forest County Potawatomi — awarded posthumously
- COURT SUPPORT EXCELLENCE AWARD – Raeann Skenandore, Court Administrator, Oneida Nation Judiciary
- JUDICIAL EXCELLENCE AWARD – Hon. Gregory Bigler, District Judge, Muscogee (Creek) Nation
- OUTSTANDING SERVICE AWARD – Hon. John Romero, Jr., Children’s Court Judge, Second Judicial District of New Mexico
McGirt v. Oklahoma
American Indian/Alaskan Native (AI/AN) women are more likely to experience intimate partner violence and sexual violence than women of other races, with 47.5% of AI/AN women having reported experiencing domestic violence in their lifetimes. Domestic violence and physical and sexual assault are three-and-a-half times higher than the national average in Native American communities; however, this number may not reflect reality, as many assaults are not reported.
Recently, the United States Supreme Court, in McGirt v. Oklahoma, recognized the continued existence of the Muscogee (Creek) Nation’s reservation, and as a consequence, that tribal and federal courts have primary jurisdiction to prosecute citizens of tribal nations for crimes committed within that reservation. This publication examines that decision, and its potential impacts to domestic violence victims and states and tribal courts in their efforts to address domestic violence. It also looks at the impact that McGirt has had on the Muscogee (Creek) Nation’s courts.
NAICJA would like to share the National Consortium on Racial & Ethnic Fairness in the Courts’ Statement on George Floyd’s Death
June 5, 2020
The Directors and Advisors of the National Consortium on Racial and Ethnic Fairness in the Courts (“National Consortium”) mourns the recent death of George Floyd in Minneapolis, Minnesota. Our condolences extend to the Floyd family as well as to other families who have lost relatives at the hands of law enforcement officers. The continuing lawful protests around the country represent the public’s frustration with the cycle of excessive force used by law-enforcement officers against Black people and other people of color and the perceived inadequacy of the justice system to impose sanctions, convictions and civil remedies severe enough to deter this conduct. The National Consortium respects the rights of people to assemble to express their disapproval but denounce the use of violence, acts of vandalism and destruction of property that threatens the community and the rule of law.
The goal of the National Consortium is for every state, tribal nation and territory to maintain a judicial system that is accessible, free from bias, fair for all, without regard to race, ethnicity, gender, sexual orientation or other demographic identifiers. To accomplish this goal, the National Consortium encourages the highest court of each state to establish committees or related entities to assist its courts in ensuring that all court users-including defendants, victims, civil litigants, witnesses and the public– are treated equitably and with dignity and respect. These committees, who comprise the National Consortium membership, exist in approximately half of the states. We encourage the committees to open a dialogue to address the concerns of their residents and court system stakeholders. The National Consortium stands ready to support and assist courts in the United States, its territories and in tribal nations to address concerns with public trust and confidence within their communities.
Hon. Susan F. Maven, Board President
H. Clifton Grandy, Esq., Secretary/Treasurer
The National Consortium is committed to encouraging the highest courts of each state to create commissions to examine the treatment accorded minorities in their courts; sharing the collective knowledge of task forces and commissions with courts, law enforcement, and the community; and providing technical assistance and expertise to commissions, task forces, and other interested organizations and individuals on the subject of racial and ethnic fairness.
McGirt v. Oklahoma Supreme Court Oral Arguments
In case you missed it, please enjoy this recorded webinar:
McGirt v. Oklahoma Supreme Court Oral Arguments: An analysis of the History, Law, and Arguments of the Muscogee (Creek) Nation Reservation Case
The United States Supreme Court heard oral arguments on May 11, 2020, in McGirt v Oklahoma, case #18-9526 (by telephone) involving the status of the Muscogee (Creek) Nation reservation. Last year, the Court heard arguments on a nearly identical case in the Murphy matter. This decision could have an enormous impact for Indian law, positive or negative. Come join us for a FREE webinar to hear tribal perspective as to the surrounding Muscogee cultural history, the jurisprudence of Indian lands in Oklahoma and thoughts and analysis of the oral arguments from the Muscogee Nation’s Supreme Court amicus brief advocate Riyaz Kanji.
Moderators: Nikki Borchardt Campbell, NAICJA Executive Director Hon. Gregory Bigler (Euchee), District Judge, Muscogee (Creek) Nation District Court, NAICJA BOD
Faculty Presenters: Hon. Gregory Bigler (Euchee), District Judge, Muscogee (Creek) Nation District Court, NAICJA BOD Stacy Leeds (Cherokee), Vice-Chancellor University of Arkansas, former Dean of University of Arkansas Law School Riyaz Kanji, Partner, Kanji and Katzen