I am writing today to announce the closure of the New Mexico Independent. After three and a half years of operation in New Mexico, the board of the American Independent News Network, has decided to shift publication of its news…
While environmental activists played their part yesterday during demonstrations at the capitol building, going so far as to dress up as solar panels and to sing the tune of “You Are My Sunshine,” their counterparts, the anti-cap-and-trade contingency who has…
Roughly one quarter of University of New Mexico students are unimpressed with the state’s flagship public school, according to a survey that questioned college students about their higher education experiences.
Judges, law enforcement officials, tribal leadership and domestic violence professionals will meet Oct. 19 and 20 at the Marriott Pyramid for the first National Symposium on the Tribal Law & Order Act to learn how provisions in the new law will help reduce violence in Indian Country. The Tribal Law & Order Act should be of particular interest to those who work to prevent violence against women, as it strengthens the ability of tribal authorities to apprehend and prosecute non-native offenders.
“One in three Native women will be raped in their lifetimes and this law will help reduce the extreme violence we are experiencing,” Valerie Taliman, the spokesperson for the sponsor of the symposium, Lamar Associates, told The Independent in an e-mail.
Officials from the Obama administration, the Department of Justice and Senate Committee on Indian Affairs are among those presenting key information about how the new Tribal Law & Order Act will be implemented and what tribes can expect with specific timelines.
“The Tribal Law and Order Act is the first significant Congressional effort to improve tribal self-governance in public safety and criminal justice. It expands tribal responsibility for addressing serious crimes on Indian reservations,” said Kevin K. Washburn in a statement. Washburn is Dean of the University of New Mexico School of Law, and will provide the welcoming remarks.
“The Tribal Law and Order Act has the potential to have a great impact in Indian country,” said Walter Lamar, CEO of Lamar Associates and a former FBI special agent from the Blackfeet Nation. “There are areas that are going to require a lot of work on behalf of both the government and the tribes, and this symposium is going to be the first step in seeing the act implemented.”
The Tribal Law and Order Act, signed by President Obama on July 29, 2010, will expand tribal jurisdiction over non-Native offenders for crimes of sexual violence, and provide desperately needed resources to tribes to help them prosecute such cases. Introduced in 2009 in the House by Rep. Stephanie Herseth-Sandlin (D-SD) and in the Senate by Sen. Byron Dorgan (D-ND), the legislation is a watershed in tribal law.
Key provisions of the new law designed to improve prosecution and enforcement include:
Evidence Sharing and Declinations: Federal officials have declined to prosecute more than 50 percent of violent crimes in Indian country, and a higher rate of sexual assaults. The bill will require the Department of Justice to maintain data on criminal declinations and share evidence with tribal justice officials when a case is declined.
3-year Tribal Court Sentencing: Federal law limits tribal court authority to sentence offenders to no more than one year in prison, which limits their ability to provide justice to the victims and the tribal community. The bill establishes an option for tribes to increase sentencing authority for up to three years where a tribe provides added protections to defendants.
Deputizing Tribal Police to Enforce Federal Law: The complex jurisdictional arrangement in Indian Country prevents tribal police from arresting non-Indian offenders, even when a crime is committed in plain view. The bill will enhance the Special Law Enforcement Commission program, to deputize tribal police officers to enforce federal laws on Indian lands against all offenders.
Tribal Police Access to Criminal History Records: Many tribal police have no access to criminal history records. As a result, when pulling over a suspect, the officer has no background on the person who is detained. The bill will provide tribal police greater access to criminal history databases such as the National Crime Information Center (NCIC).
Domestic and Sexual Violence: The bill will require tribal and federal officers serving Indian country to receive specialized training to interview victims of sexual assault and collect crime scene evidence. It also requires Indian Health Service facilities to implement consistent sexual assault protocols, and requires federal officials to provide documents and testimony gained in the course of their federal duties to aid in prosecutions before tribal courts.
Programs to Improve Justice Systems and Prevent Crime: The bill reauthorizes and improves programs designed to foster tribal court systems, tribal police departments, and tribal corrections programs. It also updates laws to address high rates of alcohol and substance abuse, and programs to improve opportunities for at risk youth on Indian lands.
The symposium will be immediately followed by a Tribal Consultation session with the Bureau of Indian Affairs for tribes in the region that is open to the public from 1-5 p.m. The event is hosted by Lamar Associates, an Albuquerque-based consulting firm, and sponsored by the San Manual Band of Serrano Mission Indians and the Seminole Tribe of Florida.
