Legislature(2023 - 2024)DAVIS 106
02/07/2024 03:30 PM House TRIBAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Understanding Recent Changes to Alaska's Unique Legal Landscape and How Alaska Tribes Are Pursuing Justice and Public Safety in Our Communities | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS
February 7, 2024
3:31 p.m.
MEMBERS PRESENT
Representative CJ McCormick, Chair
Representative Ben Carpenter
Representative Sarah Vance
Representative Jamie Allard
Representative Ashley Carrick
MEMBERS ABSENT
Representative Thomas Baker
Representative Maxine Dibert
COMMITTEE CALENDAR
PRESENTATION(S): UNDERSTANDING RECENT CHANGES TO ALASKA'S UNIQUE
LEGAL LANDSCAPE AND HOW ALASKA TRIBES ARE PURSUING JUSTICE AND
PUBLIC SAFETY IN OUR COMMUNITIES
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
RICK A. HASKINS-GARCIA, Co-Director
Law and Policy
Alaska Native Women's Resource Center
Fairbanks, Alaska
POSITION STATEMENT: Co-provided a PowerPoint presentation,
titled "Understanding Recent Changes to Alaska's Unique Legal
Landscape and How Alaska Tribes are Pursuing Justice and Public
Safety in our Communities."
TAMI TRUETT JERUE, Executive Director
Alaska Native Women's Resource Center
Fairbanks, Alaska
POSITION STATEMENT: Co-provided a PowerPoint presentation,
titled "Understanding Recent Changes to Alaska's Unique Legal
Landscape and How Alaska Tribes are Pursuing Justice and Public
Safety in our Communities."
ALEX CLEGHORN, Chief Operating Officer
Alaska Native Justice Center
Anchorage, Alaska
POSITION STATEMENT: Co-provided a PowerPoint presentation,
titled "Understanding Recent Changes to Alaska's Unique Legal
Landscape and How Alaska Tribes are Pursuing Justice and Public
Safety in our Communities."
MEGHAN SIGVANNA TOPKOK, Staff Attorney
Alaska Tribal Justice Resource Center;
Staff Attorney
Kawerak, Inc.
Nome, Alaska
POSITION STATEMENT: Co-provided a PowerPoint presentation,
titled "Understanding Recent Changes to Alaska's Unique Legal
Landscape and How Alaska Tribes are Pursuing Justice and Public
Safety in our Communities presentation."
ACTION NARRATIVE
3:31:24 PM
CHAIR CJ MCCORMICK called the House Special Committee on Tribal
Affairs meeting to order at 3:31 p.m. Representatives Carrick,
Vance, Allard, and McCormick were present at the call to order.
Representative Carpenter arrived as the meeting was in progress.
^PRESENTATION(S): UNDERSTANDING RECENT CHANGES TO ALASKA'S
UNIQUE LEGAL LANDSCAPE AND HOW ALASKA TRIBES ARE PURSUING
JUSTICE AND PUBLIC SAFETY IN OUR COMMUNITIES
PRESENTATION(S): UNDERSTANDING RECENT CHANGES TO ALASKA'S UNIQUE
LEGAL LANDSCAPE AND HOW ALASKA TRIBES ARE PURSUING JUSTICE AND
PUBLIC SAFETY IN OUR COMMUNITIES
3:32:16 PM
CHAIR MCCORMICK announced that the only order of business would
be the presentation on Understanding Recent Changes to Alaska's
Unique Legal Landscape and How Alaska Tribes are Pursuing
Justice and Public Safety in our Communities.
3:33:39 PM
RICK A. HASKINS-GARCIA, Co-Director, Law and Policy, Alaska
Native Women's Resource Center, co-provided a PowerPoint
presentation, titled "Understanding Recent Changes to Alaska's
Unique Legal Landscape and How Alaska Tribes are Pursuing
Justice and Public Safety in Our Communities" [hard copy
included in committee packet]. He said that the Alaska Native
Women's Resource Center works to support Tribes with resources
to end domestic violence in Tribal communities and works to
support and build Tribal justice systems. He provided an agenda
for the presentation on slide 3, titled "Presentation Roadmap,"
which read as follows [original punctuation provided]:
• Alaska's Documented Danger for Alaska Native Women
• Tribal Justice Systems and Changes in How the State of
Alaska Recognizes Alaska Tribal Authority and
Jurisdiction
• Enforcement of Tribal Court Orders Law, Challenges,
and Updates in Federal Law
• The Violence Against Women Act 2022 Reauthorization
3:34:50 PM
MR. HASKINS-GARCIA said that domestic violence and related
homicides in Alaska continue to be a consistent problem. The
Violence Policy Center reported that Alaska is experiencing a
prolonged epidemic of deadly violence against women. In 2020,
Alaska had the highest domestic homicide rate in the country for
female victims killed by male offenders for the seventh year in
a row. Over the last 10 years, Alaska has ranked either first
or second in the nation in the rate of women killed by men. He
turned to slide 5, titled "Homicide of Alaska Women," which
showed a graph which indicated the rates of females murdered by
males in single victim/single offender incidents in Alaska and
the U.S. from 2005-2020.
3:36:14 PM
MR. HASKINS-GARCIA moved to slide 6, which read as follows
[original punctuation provided]:
Rate of Native Women Killed: 10 times that of white
women
American Indian/Alaska Native women are
disproportionally impacted by deadly violence against
women in Alaska. In 2020 the rate of American
Indian/Alaska Native women killed by men in Alaska was
12.63 per 100,000 women, which is more than three and
a half times the rate for all women in Alaska and 10
times the rate for white women in Alaska.
The Crisis of deadly violence against women in Alaska,
particularly against American Indian/Alaska Native
women, should be a top priority for lawmakers in the
state.
Source: When Men Murder Women
An Analysis of 2020 Homicide Data
Spotlight on Alaska
http://vpc.org/when-men-murder-women-spotlight/
3:37:03 PM
MR. HASKINS-GARCIA moved to slide 7, titled "NIJ Study
Results...the shocking statistics," which read as follows
[original punctuation provided]:
Violence Against American Indian and Alaska Native
Women and Men
• More than 4 in 5 AI/AN women (84.3 percent) have
experienced violence in their lifetimes
• Of that 84.3 percent:
• 56.1 percent have experienced sexual violence
• 55.5 percent have experienced physical violence
by an intimate partner
• 48.8 percent have experienced stalking
• 66.4 percent have experienced psychological
aggression by an intimate partner
Overall, more than 1.5 million American Indian and
Alaska Native women have experienced violence in their
lifetime...
MR. HASKINS-GARCIA noted that this study was conducted in the
mid-2000s and that statistics have likely increased since then.
The crisis of violence against Native women in Alaska has yet to
be addressed.
3:38:04 PM
MR. HASKINS-GARCIA moved to slide 8, titled "The Oliphant
Decision," which read as follows [original punctuation
provided]:
1978 Supreme Court decision that found Indian Tribes
do not have criminal adjudicatory jurisdiction over
non-natives
Oliphant v. Suquamish Indian Tribe, 435
U.S. 191 (1978)
After Oliphant:
• Infrequent prosecutions by federal and state
authorities with jurisdiction
• High rates of violent crimes committed by non-Indian
offenders with no accountability
• In Alaska, the State has not been able to provide
consistent public safety services off the road system
MR. HASKINS-GARCIA described a U.S. Supreme Court case, which
involved the Suquamish Tribe's prosecutions of two non-Indian
residents of the Port Madison Reservation. One was charged with
assaulting a tribal officer and resisting arrest; the other,
with recklessly endangering another person and injuring tribal
property after an alleged high-speed car race on reservation
highways. The two non-Native defendants sought habeas relief
and argued that the tribe lacked criminal jurisdiction over non-
Natives. Although the lower courts rejected their arguments,
the U.S. Supreme Court ruled for the non-Indian defendants and
held that the tribe lacked criminal jurisdiction over non-
Indians.
MR. HASKINS-GARCIA said that since the 1978 decision, tribes are
powerless to exercise criminal jurisdiction over non-Indian
defendants. A gap in enforcement resulted. For crimes
committed in Indian country, where states' criminal jurisdiction
is limited and where the federal government lacks the resources
to prosecute crimes effectively, non-Indian offenders regularly
escape prosecution.
3:40:59 PM
TAMI TRUETT JERUE, Executive Director, Alaska Native Women's
Resource Center, as co-presenter described how Alaska Tribal
justice systems existed before statehood that aren't recognized.
She picked up the PowerPoint on slide 10, titled "Traditional
Justice Systems (prior to Russian/American contact)" and recited
a quote, which read as follows [original punctuation provided]:
"The men talked to that person, and the object was to
retrain the man how to treat his wife, to show
respect. If they were repeat abusers, if they didn't
learn their lesson, then they'd be told to pack up
like, extra clothing, hunting gear, and food and told
to go out into the wilderness, the tundra, and survive
the experience of living alone. When the men checked
him, he was allowed to come back into the village and
allowed to go back to his wife, instead of being
punished like they are taken into jail today, fined,
and all that. They were not actual council members,
but everybody, all the men, were involved in this
problem.
- Rose Borkowski, late Yup'ik Elder
from Alaska Native Women: Ending the Violence,
Reclaiming a Sacred Status by AKNWRC
MS. JERUE emphasized working together for survival.
3:43:04 PM
MS. JERUE moved to slide 11, titled "Traditional Justice Systems
(prior to Russian/American contact)," which read as follows
[original punctuation provided]:
Prior to foreign interference and colonization,
traditional justice systems:
• Were governed by family and clan relationships
• Varied by culture and region
• Women were uplifted and held sacred
• Matrilineal society matriliny
• Focused on accepting responsibility, correcting
wrongdoing, and restoring balance in the community
MS. JERUE emphasized restoring balance through restitution.
3:45:11 PM
MS. JERUE moved to slide 12, titled "Influence of Russian
Contact (1784-1867)," which read as follows [original
punctuation provided]:
Eight Decades of Colonization
• Russian dominated indigenous lands and peoples of
Alaska for more than eight decades (or just under
three generations)
• Russians came in search of sea otters initially
impacting mostly coastal villages
• Russian impact grew and established fur-trade centers
in many areas
MS. JERUE highlighted that tribal law existed before contact.
Influence by the Russians disturbed the balance in tribal
communities.
3:46:05 PM
MS. JERUE moved to slide 13, titled "Influence of Russian
Contact (1784-1867)," which read as follows [original
punctuation provided]:
1867 purchase of Alaska and the Treaty of Cession
• On March 30,1867, the United States purchased
Alaska from Russia
• $7.2M about 2 cents per acre
• Alaska native villages were not consulted, and
lands were not exchanged through treaties
• The purchase included Alaska Native peoples,
without their consent
MS. JERUE moved to slide 14, titled "Influence of US Contact
(1867-present)," which read as follows [original punctuation
provided]:
After the United States purchased Alaska from Russian,
it began imposing American systems and policies on
Alaska tribes
• Established US federal courts in the territory
• Represented a loss of land for tribes
• Created a separate education system for Alaska Native
children leading to missionary and boarding schools
• Shifted land ownership from the collective towards the
individual
3:47:55 PM
MS. JERUE moved to slide 15, titled "Influence of U.S. Contact
(1867 to present) The 1915 Alaska Territory Law," which read as
follows [original punctuation provided]:
"Any native Indian of the Territory of Alaska who
shall obtain a certificate?that a proper examination
has been duly held and the applicant found to have
abandoned all tribal customs and relationship, to have
adopted the ways and habits of a civilized life and to
be properly qualified to intelligently exercise the
obligations of an elector in the Territory of Alaska,
shall thereupon obtain an endorsement upon said
certificate by at least five white citizens of the
United States who have been permanent residents of
Alaska for at least one year."
- Legislature of the Territory of Alaska, SB 21
(1915)
MS. JERUE moved to slide 16, titled "Post Statehood," which read
as follows [original punctuation provided]:
Post-Statehood:
• State Magistrates were put forward to assume judicial
role
• City councils formed in many villages
• Many State resources went to support municipal forms
of government
3:48:40 PM
MS. JERUE moved to slide 17, titled "The Attempted Destruction
of Indigenous Justice Systems," which read as follows [original
punctuation provided]:
"Colonization severed Haida people's ties with
ourselves, each other, our nation, the land and sea
reflected in the disrespect for and rates of domestic
and sexual violence against our women and children.
Our potlatches are our ways of upholding our societal
laws, and these were outlawed in Alaska in the early
1900s and in Canada during the late 1800s."
- Lisa "Ka'illjuus" Lang, Xaadas Kil Kuyaas Foundation
from Alaska Native Women: Ending the Violence,
Reclaiming a Sacred Status by AKNWRC
3:49:17 PM
MS. JERUE moved to slide 18, titled "Inherent Tribal
Sovereignty," which read as follows [original punctuation
provided]:
"Perhaps the most basic principles of all Indian law
supported by a host of decisions...is the principle
that those powers which are lawfully vested in an
Indian tribe are not in general delegated powers
granted by express acts of Congress, but rather
inherent powers of a limited sovereign which has never
been extinguished."
Cohen's Handbook of Federal Indian Law
MS. JERUE concluded with slide 19, titled "Inherent Tribal
Sovereignty," which read as follows [original punctuation
provided]:
229 Tribes within what is now the State of Alaska
• Federal recognition means that the U.S. government via
the Bureau of Indian Affairs recognizes a government-
to-government relationship with the tribes.
A government-to-government relationship recognizes
that tribal governments, as sovereign nations with the
right of self-governance, are administratively
equivalent to the U.S. federal government.
MS. JERUE emphasized that inherent tribal sovereignty existed,
continues to exist, and is a right that cannot be taken away.
There are 229 tribes in Alaska that have their own sovereignty
and are recognized by the U.S. government.
3:50:48 PM
ALEX CLEGHORN, Chief Operating Officer, Alaska Native Justice
Center, provided a summary of his background and experience. He
described that throughout the presentation he would share some
of the legal foundations in Alaska, some recent changes in
federal law, and changes with the state's relationship with
Tribes. He resumed the presentation on slide 21, titled "The
State of Alaska's Refusal to Recognize Alaska Tribes," which
read as follows [original punctuation provided]:
checkbld "P.L. 280 Divested Tribes of jurisdiction under ICWA"
Native Village of Nenana v. Alaska
DHSS, 722 P.2d 219 (Alaska 1986)
checkbld "There are not now and never have been tribes of
Indians in Alaska as that term is used in federal
Indian law"
Native Village of Stevens v. Alaska Mgmt.
Planning, 757 P.2d 32 (Alaska 1988)
checkbld "The State of Alaska opposes expansion of tribal
governmental powers and the creation of 'Indian
Country' in Alaska."
Alaska Admin. Order
No. 125 (1991
MR. CLEGHORN said that in 1986, Public Law (PL) 280 said that
because Alaska tribes were so different, they didn't have the
same kind of inherent tribal sovereignty as tribes in the Lower
48. A court case in 1988 said, more broadly, that there are not
tribes in Alaska at all. Alaska Administrative Order 125 in
1991 said that the state opposed expansion of tribal governments
and the creation of "Indian Country" in Alaska. The law has
since been changed.
3:53:50 PM
MR. CLEGHORN moved to slide 22, titled "The State Begins to
Recognize Alaska Tribes," which read as follows [original
punctuation provided]:
checkbld John v. Baker, 982 P.2d 738 (Alaska 1999) (respects
federal recognition, Alaska Tribes retain inherent
sovereignty over core tribal matters; sovereignty tied
to citizenship, not land)
checkbld Alaska Attorney General Opinion on the legal status of
Alaska Tribes (2017) (tribes do exist in Alaska and
Alaska Tribes are governments with inherent
sovereignty)
checkbld Alaska Tribal Child Welfare Compact (2017) (tribes and
tribal organizations assume certain responsibilities
that have been under the purview of OCS
checkbld HB 123 (2022) State recognizes federally recognized
tribes
MR. CLEGHORN informed the committee that tribes' inherent
sovereignty was recognized in Alaska in 1999. In 2017, the
Alaska Attorney General said that tribes exist in Alaska and
Alaska tribes are governments with inherent sovereignty. The
2017 Alaska Tribal Child Welfare Compact said that tribes and
tribal organizations are existing and stepping forward to
provide services similar to the Office of Children's Services.
In 2022, HB 123 was signed by the governor and acknowledged
federally recognized tribes. Thus, there are three branches of
government that now recognize Alaska tribes.
3:55:28 PM
MR. CLEGHORN moved to slide 23, titled "Public Law 280," which
read as follows [original punctuation provided]:
What it did
• Permitted some States to exercise State jurisdiction
in Indian country = concurrent
• Impacts federal Public Safety and Justice funding
What it did not do
• Did not terminate Tribes
• Did not extinguish Tribal sovereignty
• Did not take away Tribal jurisdiction
MR. CLEGHORN explained that PL 280 transferred federal
jurisdiction to the states regarding public safety. There is no
federal public safety and justice funding for PL 280 states.
Tribes are working with special one-time funding and competitive
grants. He discussed an updated memorandum that was requested
from the Department of Justice.
3:58:03 PM
MR. CLEGHORN moved to slide 24, titled "Alaska Native Claims
Settlement Act (ANSCA)," which read as follows [original
punctuation provided]:
What it did
• Settled Aboriginal title claims in Alaska
• Impacted Alaska Tribes' territorial jurisdiction
What it did not do
• Did not terminate Tribes
• Did not extinguish Tribal sovereignty
MR. CLEGHORN said that ANCSA removed most reservations; it
impacted the territorial jurisdiction of Tribes.
3:58:58 PM
MR. CLEGHORN moved to slide 25, titled "Jurisdiction: Concurrent
vs. Exclusive," which read as follows [original punctuation
provided]:
• The Federal Government, State of Alaska, and Tribes
all have some amount of jurisdiction in Alaska
villages
• Concurrent Jurisdiction More than one government may
exercise jurisdiction
• This is where most of Tribal jurisdiction falls. The
Tribe and state, or two or more Tribes could assume
jurisdiction (ex. child custody and protection cases)
• Exclusive Jurisdiction When just one government
has jurisdiction over a case
• Internal government affairs (Tribes have
exclusive jurisdiction over determining Tribal
membership)
MR. CLEGHORN said a tribal citizen can choose to go to a
tribal court or state court. There are five other states
that are impacted by PL 280. Several states have developed
agreements between state courts and tribal courts to handle
concurrent jurisdiction. Tribes have exclusive
jurisdiction over determinations of tribal citizenship.
4:00:26 PM
MR. CLEGHORN showed slide 26, titled "Tribal Justice
Systems Today," which read as follows [original punctuation
provided]:
Despite hundreds of years of colonization and the
attempted destruction of tribal justice systems in
Alaska, today, Tribes are establishing or
reestablishing Tribal courts and justice systems!!
• Exercise inherent sovereignty and authority
• Implement traditional and culturally appropriate
justice systems that meet the needs of the community
• Restore public safety to the Tribe and community
4:01:13 PM
MR. CLEGHORN showed slide 27 and provided a list of tribal
justice systems today, which includes adoptions, child
welfare, marriages and divorces, domestic violence, and
juvenile delinquency.
MR. CLEGHORN spoke of his experience working as a tribal
court judge in California courts, which primarily addressed
large contract cases and did not address child welfare
cases. In Alaska, tribal courts primarily address child
welfare cases.
4:02:35 PM
MR. CLEGHORN moved to slide 28, titled "Holistic and Robust
Tribal Justice Systems," which read as follows [original
punctuation provided]:
In addition to robust Tribal Justice Systems, Alaska
Tribes have developed/are developing holistic survivor
and victim-centered programming to address the
victimization of Alaska Native and American Indian
women and children within their communities and
Tribes. Why?
• More than 1 in 3 Alaska Villages have no local law
enforcement presence
• Alaska Native Women...
square4 are overrepresented in the domestic violence
victim population by 250 percent;
• in the State of Alaska, comprise 19 percent of the
population of the State; but 47 percent of reported
rape victims in the State; as compared to the
populations of other Indian Tribes, suffer the highest
rates of domestic and sexual violence
Violence Against American Indian and Alaska Native
Women and Men
• 56.1 percent have experienced sexual violence
• 55.5 percent have experienced physical violence
by an intimate partner
• 48.8 percent have experienced stalking
• 66.4 percent have experienced psychological
aggression by an intimate partner
MR. CLEGHORN stated that he learned the difference between
tribal and Western justice systems. He said in tribal
justice systems there is a belief that better decisions are
made when the court is familiar with the families of
wrongdoers and involves them in the decision-making
process. Comparatively, Western justice systems generally
uphold that strangers make better decisions.
MR. CLEGHORN spoke of restorative justice efforts in tribal
courts around the state. He highlighted that one in three
Alaska villages has no public safety presence. When U.S.
Attorney General Barr came to Alaska, he declared a public
safety emergency.
4:05:08 PM
MS. JERUE moved to slide 29, titled "Supporting
Victim/Survivors Promotes Healing and Justice." She
discussed tribal justice systems. She emphasized the need
to support victim survivors and promote healing through
justice. Support services and resources are essential for
victim survivors. She discussed the shame around domestic
violence situations. Tribes have discussed the need for a
supportive system of justice.
4:08:08 PM
MR. CLEGHORN reinforced that the Alaska Native Justice
Center supports tribes and tribal justice systems by
highlighting ways that tribes can collaborate with the
state and providing direct legal services to those with
integrated case management to victims and survivors of
violent crime. He emphasized the importance of responding
when a victim steps forward to ask for help. He moved to
slide 30 and offered to continue discussing law,
enforcement of tribal court orders, full faith and credit,
and comity.
4:09:32 PM
MR. CLEGHORN moved to slide 31, titled "Enforcement of
Tribal Court Orders," which read as follows [original
punctuation provided]:
• Enforcement within the Tribe
• Enforcement outside of the Tribe
• Full faith and credit Tribal court order is
presumptively adopted by state court unless a party
objects and proves that the order was issued without
proper authority, without giving the parties notice,
or without allowing the parties a chance to be heard.
• Comity Tribal court order will be treated as a state
court order unless there was some kind of fundamental
unfairness with the court process.
MR. CLEGHORN emphasized that acts of acknowledgment and
apology are healing for the community, and everyone
involved, including the perpetrator. He provided examples
of enforcement through community service to the tribe. He
defined the terms full faith and credit and comity. The
Indian Child Welfare Act and the Violence Against Women Act
both require full faith and credit for certain types of
orders.
4:12:08 PM
MR. CLEGHORN moved to slide 32, titled "Tribal Court Orders
are Recognized Under State Law," which read as follows
[original punctuation provided]:
State court recognition assists state agencies and
other organizations that are otherwise unsure about
how to treat tribal court orders.
As a practical consequence of concurrent jurisdiction,
the state court system must provide a mechanism Forest
Oil Corporation recognizing tribal court name change
orders.
4:13:05 PM
MR. CLEGHORN moved to slide 33, "Full Faith and Credit -
ICWA," which read as follows [original punctuation
provided]:
• The Indian Child Welfare Act (ICWA) (Section 1911(d))
requires state courts to give full faith and credit to
Tribal court orders for child protection, adoption,
guardianship, and some juvenile cases.
• Adoption Tribal court order does not have to be
registered with the state court system. A Tribal
court adoption order may be sent directly to the State
of Alaska Bureau of Vital Statistics.
• Child protection - Alaska Child In Need of Aid (CINA)
Rules 24 and 25 outlines process for Tribes to send
child protection orders to the state court for
recognition and enforcement.
• State court system has forms to register Tribal court
child protection orders in state court
MR. CLEGHORN clarified that the term "child custody
proceeding" is often confused with parental disputes of
child custody. The term refers to child welfare cases.
There are some state processes that are utilized for child
protection orders.
4:14:25 PM
MR. CLEGHORN moved to slide 34, "Full Faith and Credit -
VAWA," which read as follows [original punctuation
provided]:
• The Violence Against Women Act (VAWA) requires state
courts to give full faith and credit to Tribal
domestic violence protection orders.
• The tribe is authorized to issue and enforce personal
protection orders involving any person within the
authority of the Tribe.
• Whether a person is within the authority of the Tribe
depends upon Tribal law.
• Not required to register protection orders with the
state for state law enforcement to serve and enforce
them. The orders may be sent to the local state court
clerk, stamped with a state number, and then forwarded
to the state law enforcement.
MR. CLEGHORN said the safety of the survivor is paramount;
therefore, protection orders are registered by tribal
courts with the state so that state law enforcement can
enforce them without question.
4:15:40 PM
MR. CLEGHORN moved to slide 35, titled "Comity
Recognition," which read as follows [original punctuation
provided]:
Alaska Supreme Court cases direct that state courts
give "comity recognition" to
Parent vs. parent custody cases,
Divorces,
name changes, and
other types of civil cases.
Seeking comity recognition means filing a Petition to
Register a Tribal Court Order.
4:16:18 PM
MR. CLEGHORN discussed recent law changes on slide 36,
titled "The Violence Against Women Act (2022) and Alaska
Tribes," which read as follows [original punctuation
provided]:
1. Defines for the first time the territory where
Alaska Tribes' jurisdiction is recognized. Does not
create "Indian country" Alaska-specific definition
of Village
2. Clarifies Alaska Tribes' authority over Native
people within the Village
3. Pilot project available to Alaska Tribes criminal
jurisdiction over non-Native people that commit
certain crimes within the Village
MR. CLEGHORN said there have been ongoing efforts to craft an
Alaska-specific solution since 2013. The Violence Against Women
Act of 2022 created a section that focused on public safety and
defining a territory within which tribes' jurisdiction is
reemphasized and reaffirmed. He mentioned that the pilot
project from VAWA 2013 made it possible for Lower 48 tribes to
go through a process to take criminal jurisdiction over non-
Native people that committed certain crimes, including domestic
violence. He related that VAWA 2022 now includes more violent
crimes.
4:19:45 PM
MR. CLEGHORN, moved to slide 37, titled "Where to start?"
and discussed that there are two items needed for the pilot
project: an Indian tribe and a village.
4:20:37 PM
MR. CLEGHORN discussed the pilot project on slide 38,
titled "Pilot Project Overview," which read as follows
[original punctuation provided]:
Alaska Tribes, that meet certain standards to protect
defendant's rights, can exercise special tribal
criminal jurisdiction (STCJ) over certain crimes
committed in their villages by non-Indian perpetrators
- 25 U.S.C. Section 1305(d)
MR. CLEGHORN discussed the need to protect defendants' rights by
providing public defenders, law-trained judges, and juries.
These requirements mirror the Western political system. He
noted that the definition of domestic violence in VAWA allowed
for some loopholes, including the "boyfriend loophole."
4:22:38 PM
MEGHAN SIGVANNA TOPKOK, Staff Attorney and Designated Tribal
Leader, Alaska Tribal Justice Resource Center, described her
personal background and explained that she provides legal
services to 19 tribes in her region.
4:24:24 PM
MS. TOPKOK shared a quote that she recollected from a college
professor, who said, "Tell me the facts and I'll learn, tell me
the truth and I'll believe, but tell me a story and it will live
in my heart forever." She told a personal story about a sexual
assault that she experienced and chose not to report because of
stories she had heard from friends who had negative experiences
with the justice system. This experience set her on a path
towards developing tribal justice systems to provide public
safety to her people. She described youth tribal court system,
which uses circle peace-making through a restorative justice
approach to handle crime. She discussed the trauma experienced
through generations from the impacts of colonization. Current
social issues that Native people experience result from
colonization. She emphasized that domestic violence is not
traditional.
4:27:22 PM
MS. TOPKOK said that many of the oldest Native stories relate to
how domestic violence is inappropriate. She told a story that
is often remembered by workers at the Alaska Tribal Justice
Resource Center, when working on domestic violence protective
orders. The story of Sedna or Nuliajuk is the reason Native
women of the circumpolar North have finger tattoos.
MS. TOPKOK said the story is of a beautiful young woman, Sedna,
who had many suitors but was reluctant to get married, until one
day she met a new man whom she decided to wed. They moved to a
small island and the woman learned that her husband is a shape
shifter and is abusive and controlling. She became pregnant and
because her husband shape-shifted into a dog, she had puppies.
Once they were born, she feared they would experience abuse from
their father. Senda put them in her shoe and set them adrift in
the ocean where they inhabited other parts of the world and
escaped abuse.
MS. TOPKOK said one day Sedna's father grew concerned since he
hadn't heard from his daughter. He paddled out to the island in
his kayak to find her. The woman's husband was out hunting and
when she saw her father paddling from a distance, she
desperately swam toward him. Suddenly the skies darkened, and
the wind and waves picked up, because her husband had returned
home and saw that she was trying to escape. He shape-shifted
into a raven and pecked at her father to deter him from rescuing
his daughter. In the chaos of the waves and the attacks from
the raven, he apologized to his daughter that he couldn't help
her for fear of capsizing. She desperately clung to his kayak
in the stormy water and her father resorted to whacking her
hands to remove her from his nearly capsized kayak. The tips of
her fingers fell off into the sea, he whacked again at her
knuckles and the rest of her fingers fell off, with another
whack at her wrists and her palms fell into the ocean, where she
floated adrift. She then rose up and became the caretaker of
the underworld. Her fingertips became fish, her knuckles became
the seal and walrus, her palms became the whale.
MS. TOPKOK explained that before this story, these animals
weren't relied on for subsistence. Sedna's circumstances,
though tragic, brought many gifts. If animals are mistreated by
people, she will put them away into her hair at the bottom of
the ocean. Balance is restored by sending medicine people to
sing to her and comb her hair to calm her, so she'll release the
animals back to the people. As caretaker of the underworld,
Sedna has the duty of passing souls onto the afterlife.
MS. TOPKOK explained that finger tattoos are given to secure
passage to be born into the next generation. They are also a
reminder to people in the community that women are sacred and
should be cared for as life givers. Sedna looks out to ensure
that women and animals are honored and cared for.
4:32:28 PM
MS. TOPKOK told a story of a women in Wales, Alaska, who was
suffering from domestic violence. The woman was afraid to go to
a state court and there was no law enforcement in the village.
She highlighted the difficulties for people in small villages to
rely on state troopers who are understaffed or staffed by people
from outside the region. The Wales Tribal Council stepped in
and worked to create court proceedings to issue a protective
order. Because there was no law enforcement, the protective
order was served with linked arms by elders. The perpetrator
moved to another region where he caused more problems. However,
creating a tribal court made it possible to protect the victim
locally. She described the work she does to help issue
protective orders for victims who struggle to understand
legalese.
4:35:49 PM
MS. TOPKOK said tribal courts may seem less intimidating for
people from rural Alaska. She discussed success for domestic
violence protective orders and expressed occasional difficulties
working with law enforcement to enforce protective orders. She
told a story where an Alaska State Trooper laughed at her and
said, "Tribes can't do that" when she was attempting to serve a
protective order to a resident of Anchorage which is entitled to
full faith and credit under the Violence Against Women Act. She
expressed her concern for tribes that lack attorneys and
suggested more training for state law enforcement about tribal
partnerships.
4:39:20 PM
MS. TOPKOK shared her involvement with the Division of Juvenile
Justice diversionary agreements in the communities in which she
works. She told a story of two young boys in the village who
stole the village public safety officer's (VPSO's) four-wheeler.
They were charged and directed to the Nome Youth Court that
partnered with the tribe to handle the case. The tribal council
and youth court met in a multi-purpose room, incorporated some
tribal traditions, and involved the youth's extended families in
a court circle-sit process. Both young men took accountability
for their actions and became a part of the discussion. As
punishment for their wrongdoing, they served the community by
fishing for the VPSO and hauling honey buckets for elders for 40
hours each. She emphasized her gratitude for being involved
with tribal communities to ensure public safety.
4:45:04 PM
CHAIR MCCORMICK thanked Ms. Topkok for the truth and power of
her stories. He invited questions.
4:46:12 PM
REPRESENTATIVE VANCE expressed her support of Tribal
sovereignty. She continued as follows:
Part of the testimony that I just heard made it feel
like the victim experience of a Native woman is
exclusive in feeling the lack of justice, the
difficulty of getting a protective order, not wanting
to come forward because of the feeling that law
enforcement will not act, seeing what friends have
gone through and the trauma that that incurs, the
shame in the community, not being able to move
forward, carrying that burden throughout your life,
and I wonder why what I hear in this committee is that
Alaska Native women feel that it's exclusive to your
experience because it sounds exactly what I've heard
of white women in my community. It's the same thing,
but what I continue to hear in this committee over and
over again is as if that you're the only one. And I
know that's not your heart. But I ask that when you
come and present, that you remember that you have
white sisters who are going through the same thing,
and they don't feel they have justice either.
REPRESENTATIVE VANCE acknowledged that Alaska Native women have
been abused at high rates. She said, "There are innumerable
white women who have the same internal experience of the trauma
that Native women have expressed. The trauma is the same." She
emphasized the difficulty in seeking justice. She highlighted
her desire to seek justice for all. She told a story of a woman
who called her office about a human trafficking situation and
how she provided the number for the Alaska Native Resource
Center. She recognized the hard work done through federal
partnerships. She said, "We have failed to protect the innocent
and the vulnerable in the state, and I'm hoping to change that."
4:51:14 PM
CHAIR MCCORMICK remarked that the presentations heard by the
House Special Committee on Tribal Affairs do not negate the
experience of anyone else.
4:52:00 PM
MS. TOPKOK responded to Representative Vance and said that she
agrees that these issues impact more than just Alaska Native
women. She mentioned that she can speak only to her own
experience. She said that she stands in solidarity with all
women who experience sexual assault and human trafficking. She
said, "Justice will ultimately be served when we all stand
together."
4:53:32 PM
MS. JERUE insisted she has never turned anyone away and
emphasized the importance of access to services. She expressed
her passion for speaking up for Alaska Native victim survivors.
4:54:35 PM
REPRESENTATIVE CARRICK thanked the presenters. She commented on
Representative Vance's statement, as follows:
While the suffering is the same for victims, the
causes of that violence are not the same, and the
response to that violence is not the same, and the
justice for the victims is not the same. Until it's
the same, we have got a lot of work to do.
REPRESENTATIVE CARRICK commended the efforts of focusing on the
disproportionate impacts of sexual assault and domestic violence
for Alaska Native women. To the presenters she assured, "The
suffering may be the same, but the problem is not the same, and
it is really important that we recognize that." She noted that
she was encouraged to hear about the progress towards tribal
sovereignty that has been made thus far and further mentioned
how much more work is left.
4:57:23 PM
CHAIR MCCORMICK thanked the presenters for the transformative
work they do for rural communities. He noted the powerful story
told by Ms. Topkok.
4:58:37 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Tribal Affairs meeting was adjourned at
4:58 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HTRB Presentation - Tribal Justice 2.7.24.pptx |
HTRB 2/7/2024 3:30:00 PM |