Initial Report and Recommendations - Alaska Department of Law

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9. Adequate legal infrastructure to handle cases & adequate infrastructure to provideservices.10. Who would investigate reports of harm?11. Authority for the State to place and reimburse foster parents for children in triballylicensed foster homes and attendant liability issues.12. Guardians ad litem.(Further material on the discussions of these details can be found in the Work Group materials)Impact Statement:This would give State representatives and Tribal representatives the opportunity to build on thesubcommittee’s work, and craft a State/Tribal ICWA agreement that might take into account thechanges in the law since 1990 and reduce the number of issues over which the State and Tribesare currently litigating.______________________________________________________________________________Recommendation 5 (JS-6): Tribal Court Referrals of Juveniles to State Division of JuvenileJusticeStatement of Need:In particular cases there may be a need for traditional Alaska Native village justice systems todraw more effectively upon state juvenile agencies.Option:Urge the Division of Juvenile Justice to make agreements with Tribes and tribal courts tocoordinate the disposition of juvenile offenses as currently permitted under state law.Rationale for Option:• Currently, tribal courts and councils often work with juveniles and their parents in response tothe child’s delinquent or troublesome behavior in the village. Such proceedings do notusually come to the attention of state authorities, and some village justice systems prefer thisoutcome because it keeps their minors from acquiring juvenile records within the state courtsystem.• Other Village justice systems, however, would prefer to coordinate more closely with DJJ inscreening and disposition of juvenile offenders. Specifically some village justice systemsmight wish to refer a juvenile to DJJ, with the consent of DJJ. This option urges DJJ todiscuss with interested tribal councils whether such a referral mechanism might be achieved.Impact Statement:Better coordination among tribal and state juvenile justice systems.______________________________________________________________________________Recommendation 6 (D-DS 10)Statement of problem:Not all victims & communities have access to immediate safety.Current Status:a) 21 domestic violence/sexual assault programs listed with Council on Domestic Violence andSexual Assault (CDVSA) Community Outreach.b) These programs serve all of rural Alaska but resources and geography inhibit ideal safety in therural areas.Ideal Status:Each community has a safety plan to address victim and community safety.Structural Barriers (e.g., statutes, regulations, etc.):No single local organizing entity is identified to facilitate community development;no single point of contact for safety issues.Alaska Rural Justice and Law Enforcement Commission - Page 83
Option(s):a) Have one organization that helps to identify the basic components for safety.b) The domestic violence/sexual assault programs provide technical assistance and consultationso each community can develop a safety plan.______________________________________________________________________________Recommendation 7 combines JS-9, JS-10, JS-11, and JS-12JS-9: Providing Technical Assistance for Tribal Judicial SystemsStatement of Need:There is a need for technical assistance in the areas of basic tribal court design, procedures, andoperation, and also in the areas of tribal constitution and code development, membership andenrollment, judicial ethics, tribal court administration, tribal-state collaboration, and inter-tribalcollaboration, that is respectful of and supports traditions, customs, practices and values.Option:Support the provision of consistent, quality technical assistance to tribal judicial systems throughnon-profit Native corporations, other appropriate tribal organizations, agencies, or otherappropriate entities. Any such technical assistance should be supportive of traditions, customs,practices and values.Rationale for Option:Technical assistance for tribal judicial systems is essential for assisting tribes in providing qualityservice and ensuring the application of due process and respect for traditions, customs, practicesand values.Impact Statement:With quality technical assistance tribal courts will be more effective in providing quality judicialservices and collaborating with state and other tribal court systems.______________________________________________________________________________JS-10: Providing Training for Tribal Judicial SystemsStatement of Need:Training is needed in the areas of jurisdiction, court development, due process, judicial ethics,tribal court procedures, tribal-state relations, cross cultural training, and tribal court subject areassuch as domestic relations and juvenile delinquency, that is respectful of and supports traditions,customs, practices and values.Option:Support the provision of consistent, quality training for tribal judicial systems that is respectful ofand supports traditions, customs, practices and values through collaborations of tribalorganizations, University of Alaska, and other appropriate tribal court training entities. Supportcross training between the tribal judicial systems and all law enforcement entities (municipal,state and federal), the Alaska State Court System, Federal Court System, Alaska Department ofLaw, Alcoholic Beverage Control Board, Probations and Parole, and Office of Children’sServices.Rationale for Option:On-going training for tribal court judges, clerks, staff, and those who collaborate and work withtribal courts is essential for providing quality judicial services in rural Alaska and forcollaborative efforts between court systems.Impact Statement:With quality training tribal courts will be more effective in providing quality judicial services andcollaborating with state and other tribal court systems.Alaska Rural Justice and Law Enforcement Commission - Page 84
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IntroductionFor years, Alaska Nativ
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In MemoriamEric D. JohnsonApril 27,
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continuous. Those who worked hardes
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Executive SummaryCreated by Congres
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8. Increase Access to Judicial Serv
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Chapter I. Statement of NeedThe Ala
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When domestic violence services are
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With the advent of statehood in 195
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Village Council Presidents, Bristol
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“[M]any of the laws that we have
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“[W]e’re 10 times the national
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Great contrast exists today between
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The literature has often decried th
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Another resource on economic opport
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The continuing escalation of fuel c
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In 1999, in an effort to curb youth
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and follow-up contacts. Since it wa
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Chapter II. Charge to the Commissio
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♦ 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 48 and 49: • Developing voluntary memoranda
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 92 and 93: ___________________________________
Page 94 and 95: encouraged and permitted to partici
Page 96 and 97: ___________________________________
Page 98 and 99: ___________________________________
Page 100 and 101: Impact Statement:More culturally ap
Page 102 and 103: ___________________________________
Page 104 and 105: Option(s):a) Incorporating attitude
Page 106 and 107: Current Status:Youth Opportunity Gr
Page 108 and 109: Ideal Status:a) Aftercare programs
Page 110 and 111: issues; and in the event this becom
Page 112 and 113: ___________________________________
Page 114 and 115: Ideal Status:Mandatory training yea
Page 116 and 117: Current Status:In areas without an
Page 118 and 119: Rationale for Option:To reduce the
Page 120 and 121: All of the workgroups’ options ca
Page 122 and 123: • All available vehicles should b
Page 124 and 125: Appendix HAttachments for Recommend
Page 126 and 127: (2) materials and equipment used in
Page 128 and 129: under this section if the family me
Page 130 and 131: AS 04.11.140(g) package store licen
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Initial Report and Recommendations - Alaska Department of Law

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