SACRED GROUND ISSUES

Presented by:Presented by:

Hon. Benjamin ZveniaHon. Benjamin ZveniaTribal Court JudgeTribal Court Judge

(Member NC Nottaway Tribe)(Member NC Nottaway Tribe)

# AZ Indian Tribes is 19 # AZ Indian Tribes is 19 (15 represented)(15 represented)

Sacred Site

Course description:

To bring forward common issues To bring forward common issues pertaining to our shared goal of equal pertaining to our shared goal of equal justice for all that are germane to tribal, justice for all that are germane to tribal, state and federal court systems.state and federal court systems.

This will be accomplished by providing a forum for collaboration and interaction on various issues

Course Issues:

- Tribal jurisdictionTribal jurisdiction- State & Federal jurisdictionState & Federal jurisdiction- VAWA & Domestic Violence Protection VAWA & Domestic Violence Protection

Orders (Full Faith & Credit)Orders (Full Faith & Credit)- Update on AZ-CIDVC & Project Passport Update on AZ-CIDVC & Project Passport

(NCSC)(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 In general, this jurisdiction is regarded as

part of the “inherent sovereign power” part of the “inherent sovereign power” tribes retained to regulate the people and tribes retained to regulate the people and affairs in their territory, as independent affairs in their territory, as independent nations. nations.

Specifically, this refers to the power & authority codified by tribal governments that tribal courts have over criminal, civil and administrative matters.

American Indians & CrimeUSDOJ – OJP

BJS Statistical Profile, 1999 – 2002 BJS Statistical Profile, 1999 – 2002 (Highlights)(Highlights)

““American Indians experienced violence at a American Indians experienced violence at a rate (101 violent crimes per 1,000 rate (101 violent crimes per 1,000 American Indians) more than twice the American Indians) more than twice the rate for the Nation (41 per 1,000 persons), rate for the Nation (41 per 1,000 persons), 1992-2001”1992-2001”

BJS Statistics (cont’d)• Annually, during 1992 to 2001 American Annually, during 1992 to 2001 American

Indians experienced on average 116,000 Indians experienced on average 116,000 violent crimes of the estimated 9.1 million violent crimes of the estimated 9.1 million occurring among all racial groups. occurring among all racial groups.

• This accounted statistically for about 1.3% of This accounted statistically for about 1.3% of all violent victimizations annually.all violent victimizations annually.

• On average during 1992 to 2001, American On average during 1992 to 2001, American Indians age 12 or older experienced annually Indians age 12 or older experienced annually an estimated 5,900 rapes or sexual assaults.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 Sacred Circle, provides advocacy to approximately 3,000 women and approximately 3,000 women and children each year and approximately children each year and approximately 2,400 men who are on domestic 2,400 men who are on domestic violence probation as ordered by the violence probation as ordered by the Oglala Sioux Tribe's Courts.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 We must deal with the reality that we are hurting each other. We must begin to hurting each other. We must begin to responsibly address these issues as responsibly address these issues as Native Peoples.Native Peoples.

One way that many tribes are attempting to One way that many tribes are attempting to deal with how we are hurting each other is deal with how we are hurting each other is through domestic violence, violence through domestic violence, violence against women, family violence, spouse against women, family violence, spouse abuse laws. abuse laws. ABUSE NOT TOLERATED!ABUSE NOT TOLERATED!

Indigenous Way & VAWA

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

VAWA - Native Orgs. Involved

VAWAThe Violence Against Women Act (VAWA) – The Violence Against Women Act (VAWA) –

18 USC 18 USC §§ 2265 – 2266 (PL 103-322, 108 §§ 2265 – 2266 (PL 103-322, 108 Stat. 1930, Sept. 13, 1994; amended Oct. Stat. 1930, Sept. 13, 1994; amended Oct. 28, 2000). 28, 2000).

Currently, this act was revisited for Currently, this act was revisited for renewal and has been approved by both renewal and has been approved by both House & Senate)House & Senate)

VAWA (cont’d)§ 2265 Full Faith and Credit Given to § 2265 Full Faith and Credit Given to

Protection OrdersProtection Orders

(a) a) Full Faith and CreditFull Faith and Credit – any protection order – any protection order issued that is consistent with subsection (b) of issued that is consistent with subsection (b) of this section by the court of one this section by the court of one StateState or or Indian Indian tribetribe (the (the issuingissuing StateState or or Indian tribeIndian tribe) shall be ) shall be accorded full faith and credit by the court of accorded full faith and credit by the court of another another StateState or or Indian tribeIndian tribe (the (the enforcingenforcing StateState or or Indian tribeIndian tribe) and enforced as if it were the ) and enforced as if it were the order of the enforcing order of the enforcing StateState or or tribetribe..

VAWA (cont’d)§ 2265 Full Faith and Credit Given to § 2265 Full Faith and Credit Given to

Protection OrdersProtection Orders

(e) (e) Tribal Court Jurisdiction – Tribal Court Jurisdiction – for purposes for purposes of this section, a tribal court shall have full of this section, a tribal court shall have full civil jurisdiction to enforce protection orders, civil jurisdiction to enforce protection orders, including authority to enforce any orders including authority to enforce any orders through civil contempt proceedings, through civil contempt proceedings, exclusion exclusion of violators from Indian landsof violators from Indian lands, and other , and other appropriate mechanisms, in matters arising appropriate mechanisms, in matters arising within the authority of the tribe.within the authority of the tribe.

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

Resource tools

HandoutsHandouts

Project Passport Bench cardsProject Passport Bench cards

Prosecutor’s Guide to F.F.C. – P.O.’sProsecutor’s Guide to F.F.C. – P.O.’s

BATF Bench CardsBATF Bench Cards

Project Passport (Entities involved)

Project Passport

• Project Passport is an example of Project Passport is an example of communities, in this case states, coming communities, in this case states, coming together to problem solve and develop together to problem solve and develop solutions to some common domestic solutions to some common domestic violence issues.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 Initially, the project was an eight state

regional effort. Kentucky is bordered by regional effort. Kentucky is bordered by more states than any other in the country, more states than any other in the country, so all came together as a region to so all came together as a region to develop a practical strategy to increase develop a practical strategy to increase the implementation of the full faith and the implementation of the full faith and credit provision of the Violence Against credit provision of the Violence Against Women Act. States included Women Act. States included KY, OH, IN, KY, OH, IN, IL, MO, TN, WV, VAIL, MO, TN, WV, VA, as well as , as well as DCDC who who voluntarily joined the Project.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 Initial strategy decided was to attempt to

implement the development of a recognizable implement the development of a recognizable first page for those areas orders of protection.first page for those areas orders of protection.

• Since full faith and credit enforcement is Since full faith and credit enforcement is really dependent first on law enforcement, really dependent first on law enforcement, and then the courts, this enforcement would and then the courts, this enforcement would be enhanced if orders of protection from all of be enhanced if orders of protection from all of our border states were readily recognizable our border states were readily recognizable to our officer and judges.to our officer and judges.

Project Passport (cont’d)• Having the first page of the orders look alike, Having the first page of the orders look alike,

or at least very similar, would certainly help or at least very similar, would certainly help an officer, who, at 2:00 o'clock in the an officer, who, at 2:00 o'clock in the morning, is standing there while people are morning, is standing there while people are crying and possibly bleeding, is handed an crying and possibly bleeding, is handed an order from a court, an order that he/she has order from a court, an order that he/she has never seen before.never seen before.

• It was reasoned that if the officer could easily It was reasoned that if the officer could easily recognize that this was an order of protection, recognize that this was an order of protection, it would increase enforceability as if it was an it would increase enforceability as if it was an order from their state. It was also reasoned order from their state. It was also reasoned that this concept would benefit judges too.that this concept would benefit judges too.

Project Passport (cont’d)• The ultimate goal of the Project is for the The ultimate goal of the Project is for the

regional model to be expanded throughout regional model to be expanded throughout the rest of the country, to enhance the the rest of the country, to enhance the enforcement of orders of protection across enforcement of orders of protection across all jurisdictional lines.all jurisdictional lines.

• Since initial concept, this Project has been Since initial concept, this Project has been brought to all regions brought to all regions including AZincluding AZ which which has agreed to implement 1has agreed to implement 1stst page page provisions.provisions.

I.C.W.A. - Resources

• www.naicja.orgwww.naicja.org• www.ntjrc.orgwww.ntjrc.org• www.nicwa.org www.nicwa.org

DV Resources - websites• www.supreme.state.az.us/cidvc/ www.supreme.state.az.us/cidvc/

• www.abanet.org/domviol/home.html • www.safestate.org (CA - see Focus areas)(CA - see Focus areas)

• www.sacred-circle.com www.sacred-circle.com • www.ncsconline.org www.ncsconline.org

• www.ncjfcj.org www.ncjfcj.org

• www.usdoj.gov/ovw/ www.usdoj.gov/ovw/

DV Resources – websites (cont’d)

Criminal Statistics – DOJ/BJSCriminal Statistics – DOJ/BJS

• www.albany.edu/sourcebook/ www.albany.edu/sourcebook/

V.P.C. – Annual Report When Men V.P.C. – Annual Report When Men Murder WomenMurder Women

• www.vpc.org/press/0509wmmw.htm www.vpc.org/press/0509wmmw.htm

Violence Against Women NetworkViolence Against Women Network• www.vawnet.org www.vawnet.org

Final thoughtsFinal thoughtsMegwetch, for participating in

this presentation.• Questions or comments?Questions or comments?• I can be reached as follows:I can be reached as follows:

judgezvenia@abanet.org Personal Office (702) 384-0991Cell #: (702) 493-0151