The Native Village of Eyak’s Tribal Court is a restorative justice court system that gives the Tribe authority to implement traditional methods to resolve certain misdemeanor crime and civil cases.
The Tribal Court utilizes traditional practices used for centuries and applies them to modern issues. The most commonly used form of the court is Traditional Peacekeeping Circles, or “Talking Circles,” to address the root of issues rather than just the symptoms. The process involves the individual, their loved ones, a judge, the Circle Facilitator, community members, and victims when appropriate, coming together to participate in three rounds of conversation.
One of the key components of Talking Circles is that the individual has an active say in their plan which increases accountability. Tribal Judge Jack Hopkins said “the process is more about healing than the disciplinary action.”
Judges must be active tribal members as well as meet the requirements specified in the Tribal Court Code and Judicial Code of Conduct. They are appointed to serve a five-year term and then may be reappointed.
“We are hoping to add a few more [judges],” commented Mikie McHone, Court Administrator. “I am really proud of the group of judges we have, and I am excited to see what they do for our Tribe and community.”
Chief Justice Lennette Ronnegard reflected on the Tribal Court Administrator, “the court administrator needs to be a good leader. I am excited to have Mikie in the position and the energy she is putting towards her job. I see the potential and look forward to the progress with Tribal Court.”
Tribal Court doesn’t exercise criminal jurisdiction at this time. However, NVE is currently working on a reinstatement of a Memorandum of Agreement (MOA) with the State Attorney General’s office to implement the Tribe’s Civil Diversion Agreement with the state of Alaska.
“This MOA is expected to be reinstated this fall, and then training will be provided to local law enforcement,” states McHone.
The agreement requires local law enforcement to offer defendants of certain low-level offenses and crimes the option to request a referral to Tribal Court instead of the state court. Defendants choosing to use the Tribal Court, and who abide by the court’s sentencing, will not have a record in the state court. Defendants who choose not to abide by the court’s ruling are handed back to the state court to face prosecution. Using a restorative justice court system prevention, intervention, and mediations can take place. The punishment is not the verdict, instead a culturally-based remedy and treatment is the resolution.
“The state has a heavy burden [of cases], perhaps we can relieve some of that burden through smaller cases in Tribal Court,” said Hopkins. Currently, Cordova does not have a full-time magistrate judge in town.
A historic child welfare agreement between state government and Tribes took effect at the Alaska Federation of Natives convention in Anchorage on Oct. 19, 2017, sealing the authority of 18 Tribes to deliver services including foster care licensing, child abuse investigations, adoptions, and guardianship.
Tribal Council Member Darrel Oslen, who was present at the signing, said he is excited about the court’s revival after the Covid-19 pandemic.
“Getting tribal judges trained and the option to have the traditional Circle process reinstated. Mikie is doing an excellent job of outreach in sourcing judges,” Oslen said.
The goal is to have Tribal Court judges and staff complete Indian Child Welfare Act (ICWA) training, which will enable the Tribal Court to begin accepting child welfare cases this fall. In child welfare cases, the Tribal Court holds jurisdiction over the state and the court may only take cases involving Native children.
Cases may be referred through partnerships with the Alaska Court System, the Department of Juvenile Justice or the Cordova School District. The Tribal Court may also be petitioned by anyone in the community for mediation, interventions, and general conflict resolution. NVE said that one of their goals is to become an integral part of the community where individuals feel they can address sources of conflict in a healthy and confidential manner.
“The hope is to also have a program with the school district, where teachers will be taught the concept of the Circle process, to gain trust and help build and foster valuable relationships with the students. The goal is to give students the tools to effectively deal with issues and hopefully reduce the number of kids we see in tribal and state court,” said McHone.
Although it was established in 2006, a formal Tribal Court was recognized in July 2014. NVE is a federally recognized and self-governing Tribe within an incorporated city. According to the U.S. Department of the Interior, Indian Affairs, Office of Justice Services, there are approximately 400 tribal justice systems throughout the nation.
