SACRED GROUND ISSUES Presented by Hon Benjamin Zvenia

SACRED GROUND ISSUES Presented by: Hon. Benjamin Zvenia Tribal Court Judge (Member NC Nottaway Tribe)

# AZ Indian Tribes is 19 (15 represented)

Sacred Site

Course description: To bring forward common issues pertaining to our shared goal of equal justice for all that are germane to tribal, state and federal court systems. This will be accomplished by providing a forum for collaboration and interaction on various issues

Course Issues: - Tribal jurisdiction State & Federal jurisdiction VAWA & Domestic Violence Protection Orders (Full Faith & Credit) Update on AZ-CIDVC & Project Passport (NCSC)

Jurisdiction defined: The term jurisdiction refers to a government’s power to exercise authority over all persons and things within its territory.

Tribal Jurisdiction: In general, this jurisdiction is regarded as part of the “inherent sovereign power” tribes retained to regulate the people and affairs in their territory, as independent nations. Specifically, this refers to the power & authority codified by tribal governments that tribal courts have over criminal, civil and administrative matters.

American Indians & Crime USDOJ – OJP BJS Statistical Profile, 1999 – 2002 (Highlights) “American Indians experienced violence at a rate (101 violent crimes per 1, 000 American Indians) more than twice the rate for the Nation (41 per 1, 000 persons), 1992 -2001”

BJS Statistics (cont’d) • Annually, during 1992 to 2001 American Indians experienced on average 116, 000 violent crimes of the estimated 9. 1 million occurring among all racial groups. • This accounted statistically for about 1. 3% of all violent victimizations annually. • On average during 1992 to 2001, American Indians age 12 or older experienced annually an estimated 5, 900 rapes or sexual assaults.

Violence Against Women is not a Native Tradition. It was not tolerated and in the rare event that it occurred, it was taken seriously. Abuse wasn’t considered a “private family matter” Intro from Sacred Circle’s Handbook Violence Against Native Women is not Traditional

Sacred Circle – 722 St. Joseph St. , Rapid City, SD 55701. Tel. 877. 733. 7623

Sacred Circle • Sacred Circle, National Resource Center to End Violence Against Native Women, provides training, consultation and technical assistance to Indian Nations, tribal organizations, law enforcement agencies, prosecutors and courts to address the safety needs of Native women who are battered, raped and stalked.

Sacred Circle (cont’d) • Sacred Circle, provides advocacy to approximately 3, 000 women and children each year and approximately 2, 400 men who are on domestic violence probation as ordered by the Oglala Sioux Tribe's Courts.

Sacred Circle (Cont’d) • For the last decade Sacred Circle has advocated for the safety of American Indian and Alaska Native Women, providing training, consultation and technical assistance on responding to crimes of violence against Native women, particularly domestic violence, sexual assault and stalking.

Sacred Circle (Points to note) We must deal with the reality that we are hurting each other. We must begin to responsibly address these issues as Native Peoples. One way that many tribes are attempting to deal with how we are hurting each other is through domestic violence, violence against women, family violence, spouse abuse laws. ABUSE NOT TOLERATED!

Indigenous Way & VAWA “If the Physical, Mental, Emotional and Spiritual Well Being of the Women is intact, so too is that of the Family, Community and Society. ” Indigenous Proverb

VAWA - Native Orgs. Involved

VAWA The Violence Against Women Act (VAWA) – 18 USC §§ 2265 – 2266 (PL 103 -322, 108 Stat. 1930, Sept. 13, 1994; amended Oct. 28, 2000). Currently, this act was revisited for renewal and has been approved by both House & Senate)

VAWA (cont’d) § 2265 Full Faith and Credit Given to Protection Orders (a) Full Faith and Credit – any protection order issued that is consistent with subsection (b) of this section by the court of one State or Indian tribe (the issuing State or Indian tribe) shall be accorded full faith and credit by the court of another State or Indian tribe (the enforcing State or Indian tribe) and enforced as if it were the order of the enforcing State or tribe.

VAWA (cont’d) § 2265 Full Faith and Credit Given to Protection Orders (e) Tribal Court Jurisdiction – for purposes of this section, a tribal court shall have full civil jurisdiction to enforce protection orders, including authority to enforce any orders through civil contempt proceedings, exclusion of violators from Indian lands, and other appropriate mechanisms, in matters arising within the authority of the tribe.

Prosecutor’s Guide to F. F. C. (highlight) While Indian tribes do not have criminal jurisdiction over non-Indians, many law enforcement officers in Indian Country have the authority to arrest non-Indian offenders & transport them to state or federal authorities for criminal prosecution. Tribal courts retain their powers to assert civil jurisdiction over non-Indians to enforce protection orders. Congress affirmed this be passing the 2000 amendment codified as 18 USC § 2265(e)

Resource tools Handouts Project Passport Bench cards Prosecutor’s Guide to F. F. C. – P. O. ’s BATF Bench Cards

Project Passport (Entities involved)

Project Passport • Project Passport is an example of communities, in this case states, coming together to problem solve and develop solutions to some common domestic violence issues. • In this particular project, we focused on the issue of full faith and credit of orders of protection.

Project Passport (cont’d) • Initially, the project was an eight state regional effort. Kentucky is bordered by more states than any other in the country, so all came together as a region to develop a practical strategy to increase the implementation of the full faith and credit provision of the Violence Against Women Act. States included KY, OH, IN, IL, MO, TN, WV, VA, as well as DC who voluntarily joined the Project.

Project Passport (cont’d) KY- initiated with 7 surrounding states and D. C.

Project Passport (cont’d) • Initial strategy decided was to attempt to implement the development of a recognizable first page for those areas orders of protection. • Since full faith and credit enforcement is really dependent first on law enforcement, and then the courts, this enforcement would be enhanced if orders of protection from all of our border states were readily recognizable to our officer and judges.

Project Passport (cont’d) • Having the first page of the orders look alike, or at least very similar, would certainly help an officer, who, at 2: 00 o'clock in the morning, is standing there while people are crying and possibly bleeding, is handed an order from a court, an order that he/she has never seen before. • It was reasoned that if the officer could easily recognize that this was an order of protection, it would increase enforceability as if it was an order from their state. It was also reasoned that this concept would benefit judges too.

Project Passport (cont’d) • The ultimate goal of the Project is for the regional model to be expanded throughout the rest of the country, to enhance the enforcement of orders of protection across all jurisdictional lines. • Since initial concept, this Project has been brought to all regions including AZ which has agreed to implement 1 st page provisions.

I. C. W. A. - Resources • • • www. naicja. org www. ntjrc. org www. nicwa. org

DV Resources - websites • • www. supreme. state. az. us/cidvc/ www. abanet. org/domviol/home. html www. safestate. org (CA - see Focus areas) www. sacred-circle. com • • • www. ncsconline. org www. ncjfcj. org www. usdoj. gov/ovw/

DV Resources – websites (cont’d) Criminal Statistics – DOJ/BJS • www. albany. edu/sourcebook/ V. P. C. – Annual Report When Murder Women • www. vpc. org/press/0509 wmmw. htm Violence Against Women Network • www. vawnet. org

Final thoughts Megwetch, for participating in this presentation. • Questions or comments? • I can be reached as follows: judgezvenia@abanet. org Personal Office (702) 384 -0991 Cell #: (702) 493 -0151