Initial Report and Recommendations - Alaska Department of Law
Initial Report and Recommendations - Alaska Department of Law Initial Report and Recommendations - Alaska Department of Law
• Developing voluntary memoranda of understanding between tribes and the Staterelating to issues such as coordination and integration of child protection anddomestic violence protective services.The Commission believes that the complex issues surrounding delivery of justiceand law enforcement in rural Alaska are both chronic and of highest importance. Astanding commission can both monitor and evaluate progress being made on theimplementation of the recommendations contained in this report and study and appraiseadditional recommendations and changes related to justice and law enforcement in ruralAlaska that may become necessary in the future. The importance of a continuingpresence to monitor and track this Commission’s recommendations is expressed well intestimony that the Commission heard in Kotzebue:“Having been through this process [a commission studying problems in ruralAlaska] before, I understand the limits. But it doesn’t make any difference because wehad the same process years ago. The Canadian Judge 56 came up and went to everyvillage and went into houses and everything else and got detailed reports from people.Nobody listened to that.“It went through the Alaska Natives Commission as testimony, like you did. Weworked with committees that held hearings all over the place on different subjects likeyou’re doing. And we put out a report and it took years before anybody looked at it andwhen they did – when Congress did and provided funds – our people didn’t know what todo with the funds. So we gave up the funds.”John W. SchaefferNANA Regional Elders CouncilThe Commission contemplated a recommendation that would have called for apilot project authorizing participant tribes to enact and enforce laws regulating alcoholsale, importation and possession within the boundaries of the respective village. TheCommission did not include this recommendation in its interim report. During the publiccomment period on the draft interim report, numerous organizations and individualsurged the Commission to include this recommendation. We understand the criticalimportance of local regulation and control of alcohol. Alcohol continues to have adevastating impact on rural Alaska. We intend to specifically and intensively review andact on this issue in the next phase of the Commission’s work. In making thiscommitment, we are mindful that this is a highly charged issue that involves competingviews of sovereignty that must be confronted. There are also complex on-the-groundrelationships that need to be addressed.The Commission’s other recommendations are presented, by theme, in thefollowing section.56Thomas Berger, whose visits to Alaska and review of the impacts of the Alaska Native ClaimsSettlement Act are chronicled in Berger, Thomas R., Village Journey: The Report of the Alaska NativeReview Commission. New York: Farrar, Straus, and Giroux, 1985.Alaska Rural Justice and Law Enforcement Commission - Page 41
B. Specific Recommendations1. Engage in More Partnering and CollaborationThere is no doubt that reduction in state-tribal conflict over jurisdictional issues,and increased cooperation, coordination, and collaboration between State and tribalcourts and agencies, would greatly improve life in rural Alaska and better serve allAlaskans. In particular, communication and coordination among and between childprotection and domestic violence, child abuse, and sexual abuse service organizations andgovernment institutions are neither systematic nor comprehensive enough, and the tribesare often left entirely out of the process. It therefore recommends the development ofmore effective coordination and communication, including cross training, among andbetween all governments and service agencies and organizations. 57 Cross training mightinclude the Alaska Native Indian Child Welfare Association, the Alaska Inter-TribalCouncil, the Alaska Legal Services Corporation, the Alaska Native Justice Center andother Alaska Native social service agencies. 58 Because there is insufficient coordinationbetween State and tribal governments at all levels, the Commission recommends (a)strengthening State policy recognizing tribal civil decision-making; (b) developingvoluntary Memoranda of Understanding between tribes and the State relating tocoordination and integration of child protection and domestic violence protectiveservices; (c) changes to federal laws to require more coordination; (d) broadening thecross-recognition of judgments, final orders, laws and public acts of tribal, State, andfederal governments (such cross-recognition already exists for Indian Child Welfare Act(ICWA) and Violence Against Women Act (VAWA)); and (e) fully implementing theMillennium Agreement. 59 Moreover, the State should offer tribes, Alaska Native nonprofitorganizations, and other service providers a greater opportunity to participate inMemoranda of Agreement to enhance opportunities for collaboration, coordination andcommunication. 60There is historic precedent for cooperative models in this State – and throughoutthe country – that could be used to encourage a more collaborative approach. For57585960In its Final Report in May, 1994, the Alaska Natives Commission recommended that all agencieshandling cases of child neglect or abuse should collaboratively renew efforts to eliminate child abuseand neglect among Alaska Natives, share data, and clarify their respective roles, including OCS, thejudiciary, IHS, regional health corporations, and tribal councils. Vol. II, p. 34. The "Follow Up Tableof Recommendations" from the Final Report of the Alaska Criminal Justice Assessment Commission of2000 recommended that State agencies, treatment providers, tribal entities and communityorganizations collaborate to establish aftercare and re-entry programs and procedures. See also theFinal Report to the Governor by the Alaska Commission on Rural Governance and Empowerment,1999, in which the Commission encouraged development of inter-governmental and inter-agencycoordination mechanisms, and improving communications and cooperation among tribal, State, localgovernments and regional institutions, as well as within agencies, by encouraging agreements thatenhance local decision-making.Recommendation 2. The Recommendation footnotes refer to the Workgroup Options that led to therecommendations, as listed in Appendix F.See Resolution 27, Conference of Chief Justices. See also Wisconsin 161 Agreement, which providesfor orderly and thorough coordination and integration between the Vilas County Department of SocialServices and the Lac du Flambeau Lake Superior Chippewa Indians on all matters of child protectioninvolving tribal children.Recommendation 3.Alaska Rural Justice and Law Enforcement Commission - Page 42
- Page 2 and 3: IntroductionFor years, Alaska Nativ
- Page 4 and 5: In MemoriamEric D. JohnsonApril 27,
- Page 6 and 7: continuous. Those who worked hardes
- Page 8 and 9: Executive SummaryCreated by Congres
- Page 10 and 11: 8. Increase Access to Judicial Serv
- Page 12 and 13: Chapter I. Statement of NeedThe Ala
- Page 14 and 15: When domestic violence services are
- Page 16 and 17: With the advent of statehood in 195
- Page 18 and 19: Village Council Presidents, Bristol
- Page 20 and 21: “[M]any of the laws that we have
- Page 22 and 23: “[W]e’re 10 times the national
- Page 24 and 25: Great contrast exists today between
- Page 26 and 27: The literature has often decried th
- Page 28 and 29: Another resource on economic opport
- Page 30 and 31: The continuing escalation of fuel c
- Page 32 and 33: In 1999, in an effort to curb youth
- Page 34 and 35: and follow-up contacts. Since it wa
- Page 36 and 37: Chapter II. Charge to the Commissio
- Page 38 and 39: ♦ Gail Schubert, Executive Vice P
- Page 40 and 41: additional time to a person speakin
- Page 42 and 43: . Exchange of Information. The memb
- Page 44 and 45: sheets that had been prepared by th
- Page 46 and 47: Chapter IIIResponse and Recommendat
- Page 50 and 51: example, during a protracted negoti
- Page 52 and 53: staffing in Alaska is a significant
- Page 54 and 55: history of being in a community for
- Page 56 and 57: “The State of Alaska is mandated
- Page 58 and 59: “The AFN Sobriety program provide
- Page 60 and 61: community enhances alienation and i
- Page 62 and 63: oth the state and the federal gover
- Page 64 and 65: enforcement programs. In this proce
- Page 66 and 67: skills necessary to communicate wit
- Page 68 and 69: and others in the tribal community
- Page 70 and 71: A Comparison of Alaska and the Lowe
- Page 72 and 73: Map Showing the Location of All Ala
- Page 74 and 75: Appendix BBiographical Sketchesof C
- Page 76 and 77: Revenue. Mayor Botelho became Deput
- Page 78 and 79: His wide range of experience includ
- Page 80 and 81: Alaska Rural Justice and Law Enforc
- Page 82 and 83: Workgroup MembersWorkgroup 1: Law E
- Page 84 and 85: Appendix EPhotograph of Commissione
- Page 86 and 87: Appendix FCommission Recommendation
- Page 88 and 89: ) Power differential between govern
- Page 90 and 91: 9. Adequate legal infrastructure to
- Page 92 and 93: ___________________________________
- Page 94 and 95: encouraged and permitted to partici
- Page 96 and 97: ___________________________________
• Developing voluntary memor<strong>and</strong>a <strong>of</strong> underst<strong>and</strong>ing between tribes <strong>and</strong> the Staterelating to issues such as coordination <strong>and</strong> integration <strong>of</strong> child protection <strong>and</strong>domestic violence protective services.The Commission believes that the complex issues surrounding delivery <strong>of</strong> justice<strong>and</strong> law enforcement in rural <strong>Alaska</strong> are both chronic <strong>and</strong> <strong>of</strong> highest importance. Ast<strong>and</strong>ing commission can both monitor <strong>and</strong> evaluate progress being made on theimplementation <strong>of</strong> the recommendations contained in this report <strong>and</strong> study <strong>and</strong> appraiseadditional recommendations <strong>and</strong> changes related to justice <strong>and</strong> law enforcement in rural<strong>Alaska</strong> that may become necessary in the future. The importance <strong>of</strong> a continuingpresence to monitor <strong>and</strong> track this Commission’s recommendations is expressed well intestimony that the Commission heard in Kotzebue:“Having been through this process [a commission studying problems in rural<strong>Alaska</strong>] before, I underst<strong>and</strong> the limits. But it doesn’t make any difference because wehad the same process years ago. The Canadian Judge 56 came up <strong>and</strong> went to everyvillage <strong>and</strong> went into houses <strong>and</strong> everything else <strong>and</strong> got detailed reports from people.Nobody listened to that.“It went through the <strong>Alaska</strong> Natives Commission as testimony, like you did. Weworked with committees that held hearings all over the place on different subjects likeyou’re doing. And we put out a report <strong>and</strong> it took years before anybody looked at it <strong>and</strong>when they did – when Congress did <strong>and</strong> provided funds – our people didn’t know what todo with the funds. So we gave up the funds.”John W. SchaefferNANA Regional Elders CouncilThe Commission contemplated a recommendation that would have called for apilot project authorizing participant tribes to enact <strong>and</strong> enforce laws regulating alcoholsale, importation <strong>and</strong> possession within the boundaries <strong>of</strong> the respective village. TheCommission did not include this recommendation in its interim report. During the publiccomment period on the draft interim report, numerous organizations <strong>and</strong> individualsurged the Commission to include this recommendation. We underst<strong>and</strong> the criticalimportance <strong>of</strong> local regulation <strong>and</strong> control <strong>of</strong> alcohol. Alcohol continues to have adevastating impact on rural <strong>Alaska</strong>. We intend to specifically <strong>and</strong> intensively review <strong>and</strong>act on this issue in the next phase <strong>of</strong> the Commission’s work. In making thiscommitment, we are mindful that this is a highly charged issue that involves competingviews <strong>of</strong> sovereignty that must be confronted. There are also complex on-the-groundrelationships that need to be addressed.The Commission’s other recommendations are presented, by theme, in thefollowing section.56Thomas Berger, whose visits to <strong>Alaska</strong> <strong>and</strong> review <strong>of</strong> the impacts <strong>of</strong> the <strong>Alaska</strong> Native ClaimsSettlement Act are chronicled in Berger, Thomas R., Village Journey: The <strong>Report</strong> <strong>of</strong> the <strong>Alaska</strong> NativeReview Commission. New York: Farrar, Straus, <strong>and</strong> Giroux, 1985.<strong>Alaska</strong> Rural Justice <strong>and</strong> <strong>Law</strong> Enforcement Commission - Page 41
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