[Congressional Record (Bound Edition), Volume 145 (1999), Part 20]
[Extensions of Remarks]
[Page 29649]
[From the U.S. Government Publishing Office, www.gpo.gov]



                        TRIBAL JUDICIAL SYSTEMS

                                 ______
                                 

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                      Wednesday, November 10, 1999

  Mr. UDALL of New Mexico. Mr. Speaker, today I introduce legislation 
that will improve tribal judicial systems through training, technical 
assistance, and civil and criminal legal assistance.
  Recently, a nationwide survey conducted by the Department of 
Justice's Bureau of Justice Statistics found that American Indians are 
victimized by violent crime at two times the rate of the general 
population. The staggering poverty, unemployment and violent crime 
statistics of many Indian communities is a contrast to other 
communities that are experiencing strong economic health, low 
unemployment, and decreasing crime rates in other parts of America.
  Mr. Speaker, equal access to justice is important to all Americans. 
As a past U.S. Assistant District Attorney and the former Attorney 
General for the State of New Mexico, I had numerous opportunities to 
work with tribal court judges, tribal court administrators and tribal 
court personnel. I became aware of the work of such Indian legal 
services programs of the Legal Services Corporation as Indian Pueblo 
Legal Services in New Mexico, and DNA Peoples Legal Services on the 
Navajo Reservation. These tribal judges and Indian Legal Services 
program attorneys deal with many of the same kinds of cases that make 
up state dockets: traffic, domestic violence, child welfare and 
assault, to name a few. But often these court personnel and legal 
representatives face staggering caseloads and are only able to draw 
upon limited resources such as the availability of law books, 
computers, personnel, or staff training.
  The legislation I introduce today would do three important things. It 
would authorize the Attorney General to award grants from within 
existing programs at the Department of Justice. The grants would be 
used for the purpose of improving tribal judicial systems through 
training, technical assistance and civil and criminal assistance.
  Second, the bill would provide that the Attorney General may award 
grants and provide technical assistance to Indian tribes for the 
development, enhancement and continuing operation of tribal justice 
systems. These grants and technical assistance may be used for such 
activities as code development; the development of intertribal courts 
and appellate systems; probation services, sentencing and alternative 
sentencing and diversion programs; juvenile justice services and multi-
disciplinary protocols for child physical and sexual abuse; and 
traditional tribal justice practices and dispute resolution methods.
  And last, the legislation would amend the Indian Tribal Justice Act 
of 1993 to extend the authorization for appropriations under the Act 
from fiscal year 2000 through fiscal year 2007. The Indian Tribal 
Justice Act of 1993 authorized base funding through the Bureau of 
Indian Affairs for the more than 250 existing tribal justice systems at 
a level of $58.4 million annually. However, no funds have yet been 
appropriated under the act.
  This bill is intended to be a complement to, rather than a substitute 
for direct federal funding to tribal governments in the area of tribal 
justice. Because tribal court judge organizations and Indian Legal 
Services programs do not wish to compete with tribal courts, the bill 
provides that the grants authorized under the act are outside of the 
Department of Justice's funds for the tribal courts program.
  Finally, Mr. Speaker, this is a companion bill to legislation already 
considered by the other Chamber, S. 1508, which was introduced on 
August 5, 1999, by Senator Ben Nighthorse Campbell.

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