Form NSTCS-14L48 2014 National Survey of Tribal Court Systems: Lower 48 T

2014 National Survey of Tribal Court Systems (NSTCS)

Lower-48-Survey

2014 National Survey of Tribal Court Systems

OMB: 1121-0350

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TURN TO

Form NSTCS-14L48

OMB No. XXXX-XXXX: Approval expires XX/XX/XXXX

RETURN TO

Kauffman and Associates
PO Box 15179
Washington, DC 20003-9998

U.S. Department of Justice
Bureau of Justice Statistics
2014 National Survey of Tribal Court Systems:
Lower 48 Tribal Courts

INFORMATION SUPPLIED BY
TRIBAL COURT NAME
NAME
TELEPHONE

TITLE
Area Code

Number

Extension

FAX

Area Code

Number

EMAIL ADDRESS
OFFICIAL TRIBE NAME FOR REPORTED DATA

The information collected in this survey is vitally important for understanding the administrative and
operational needs of your tribal court individually, but also helps in the planning for tribal justice systems across
Indian Country.

DIRECTIONS
• Please review this survey in its entirety before completion, as several sections will require gathering
administrative information from various components within the tribal justice system.
• Please consult with justice system, law enforcement, and finance department representatives as necessary to
obtain information to complete the survey in its entirety.
• INTERTRIBAL COURTS PLEASE NOTE: Fill out a separate survey for each tribe that participates in the intertribal court or ensure that each participating tribe fills out its own survey.
• Your tribe’s responses will not identify you individually. We ask for your name and contact information above in
case any of the survey items need clarification.

UPON COMPLETION OF THE SURVEY
You may complete and submit your survey using any one of the following three options:
• Mail: NSTCS, c/o Kauffman & Associates, Inc, PO Box 15179, Washington, DC 20003-9998
• Fax: 301-588-6801
• Email: NSTCS@kauffmaninc.com
If you have questions or need assistance, you may call toll free and leave a message at 1-877-528-4025 or send an
email message to NSTCS@kauffmaninc.com. A member of our survey administration team will respond promptly.
Thank you for your cooperation in this important data collection effort. Your responses are critically important to
the success of this survey.
The Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 USC 3732), authorizes this information collection. This request for
information is in accordance with the clearance requirement of the Paperwork Reduction Act of 1908, as amended (44 USC 3507). The burden
of this data collection is estimated to average 2.1 hours per response, including time to review instructions, gather the information needed,
and enter and review the information. Send comments regarding this burden estimate, or any other aspect of this data collection, including
suggestions on how to reduce this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street, N.W., Washington, D.C. 20531. Do
NOT send your completed survey to this address.

 e. City: (Provide name of agency or agencies)

Section A: Tribal Justice Systems

This section gathers information on the various
components of your tribal justice system, including law
enforcement, the court, and corrections. Complete this
section even if your tribe does not operate its own tribal
court or does not participate in a consortium.

A.4 Is your tribe subject to Public Law 280 jurisdiction held
by the state (either mandatory or optional)?

A.1 What was the total number of your enrolled tribal
members during 2014 (including members living
both on and off the reservation with official tribal
membership)?

 a. Yes
 b. No
A.5 Which type(s) of tribal court system operates in your
tribal jurisdiction? (Select all that apply.)

 Check here if this is an estimate.

 a. The tribe does not operate a tribal court

A.2 What was the total resident population (including
members, nonmember Indians1 and non-Indians) on
your reservation, tribal land, or village during 2014?

 b. Indigenous or traditional court (for example:
peacemaking, elder panel, circle sentencing)
 c. Formal tribal court (a hearing presided over by a
judge or magistrate)

 Check here if this is an estimate.

 d. Tribal council serving as the judiciary

A.3 Which law enforcement agencies provide a policing
or criminal investigative function on your reservation,
tribal land, tribal community, or village? (Select all that
apply.)

 e. Intertribal court system: (Provide the name of all
the individual tribes included in this system)

 a. Tribal: (Provide name of agency or agencies)

 f. J oint jurisdiction court (tribal-state court)2:
(Provide name of court)

 b. B
ureau of Indian Affairs (BIA): (Provide name of
agency or agencies)

 g. Bureau of Indian Affairs (BIA)/Court of Federal
Regulation or Court of Indian Offenses (CFR)

 h. Other: (Please describe)

 c. F ederal Law Enforcement other than BIA: (Provide
name of agency or agencies)

2A joint-power agreement between tribal and state governments

 d. S tate/county (including County Sheriff or State
Troopers): (Provide name of agency or agencies)

whereby both entities work collaboratively toward shared goals of
improving access to justice, fostering public trust and increasing
accountability.

1”Nonmember Indian” describes an individual who is a member of a tribe

other than the specific tribe completing this survey.

d. Other: (Please describe)

A.6 Does your tribe operate an indigenous traditional
justice system, either independent of or as part of its
tribal court system? (Select all that apply.)

a. An indigenous or traditional justice system is not
operated by (or on behalf of ) the tribe.

Items B3–B4 pertain to civil matters3 only.

b. Peacemaking

B.3 Does your tribal court exercise civil jurisdiction?

c. Elder panel

a. Yes

d. Circle sentencing

b. No (GO TO ITEM B5)
B.4 How many civil cases were filed in your tribal court in
calendar year 2014?

e. Other traditional justice system: (Please describe)

a. Traffic cases:

 Do not track these case numbers

b. Non-traffic cases:

NOTE: If your tribe does not operate a tribal court or
participate in an inter-tribal court system STOP HERE. DO
NOT complete the rest of the survey. Please follow the
directions on the cover page to return completed portions
of the survey. Thank you for your participation.

 Do not track these case numbers
Items B5–B9 pertain to criminal matters4 only.
B.5 Does your tribal court currently exercise criminal
jurisdiction?
a. Yes

Section B: Tribal Court Administration

b. No (GO TO ITEM B15)

The term “tribal court” or “tribal court system” is used to
denote or refer to the type of justice institution operated
by your tribe. The remaining sections of this survey apply to
your tribal court system.

B.6 Over what type(s) of defendant does your tribal court
exercise criminal jurisdiction? (Select all that apply.)
a. Tribal members

DIRECTIONS: For survey items requesting case count
information, please provide the total number of cases filed
by your tribal court during the calendar year 2014. Use the
following definition to determine case numbers:

b. Nonmember Indians
c. Non-Indians (defendant consenting to tribal
jurisdiction or DOJ-approved Pilot Project Tribe)5
B.7 What was the total number of criminal cases filed in
your tribal court in calendar year 2014?

A filed case is a set of all charges against a single
defendant filed with the court on a single day. A case with
three defendants should be counted as three cases, but a
case with one defendant with multiple charges should be
counted as one case.

 Do not track these case numbers
B.8 How many of these criminal cases filed in your
tribal court in calendar year 2014 involved a nonIndian defendant (defendant consenting to tribal
jurisdiction or DOJ-approved Pilot Project Tribe)?

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.
If the case count is none, enter “0” as your answer.
If you do not track this information, please check the “Do
not track these case numbers” checkbox.

 Do not track these case numbers

B.1 How long (in years) has your tribal court been
operational?

3Civil matters are noncriminal matters—such as contract disputes or

damages for destruction of personal property—involving individuals or
organizations. It is brought to enforce a right or redress.

Number of years:

4Criminal matters have to do with the law of crimes and illegal conduct. A

B.2 Under what authority was your tribal court created?
(Select all that apply.)

criminal action is the procedure by which a person is accused of a crime, is
brought to trial, and given punishment.
5DOJ Pilot Project Tribes are those tribes designated by the Department

a. Inherent sovereign authority

of Justice approval to exercise VAWA’s special domestic violence criminal
jurisdiction as a pilot project tribe as set forth in Section 908 of VAWA
2013 Reauthorization (Public Law 113-4) prior to the March 7, 2015
general applicability date.

b. Specifically authorized in the tribal constitution
c. Created by tribal statute, resolution, or ordinance
3

B.9 During 2014, excluding juveniles, what was the total
number of defendants sentenced to the following?
(Write “N/A” for your answer if this does not apply.)

B.15 What are the various mechanisms by which tribal
laws and codes are made available to the public?
(Select all that apply.)

a. Jail or prison terms

a. Tribal laws and codes are not made available to
the public.

b. Probation without jail or
prison terms

b. Paper copies are available in the tribal office,
library, or other location.

B.10 How many convictions for DUI/DWI offenses were
issued by your tribal court in calendar year 2014?
(If your justice system does not handle DUI/DWI
offenses. (Write “N/A” for your answer.)

c. Electronic versions are provided in a passwordprotected file.
d. Electronic copies can be downloaded from the
tribal website.

DUI/DWI Offenses:
B.11 What are the available sanctions issued by the tribal
court for DUI/DWI convictions? (Select all that apply.)

e. Electronic copies can be downloaded from a
host site (for example: NARF, VERSUS, or the
Tribal Court Clearinghouse).

a. Revoke driving privileges on the reservation
only

f. E lectronic copies are available on commercial
websites (for example: Westlaw).

b. S uspension of driving privileges in the entire
state, including reservation

g. Other: (Please describe)

c. Counseling

d. Fines

e. Jail

B.16 Has your tribe established or does it have formalized
plans to establish a tribal bar association?

f. Other: (Please describe)

a. Yes, the tribe has a tribal bar association

b. Yes, the tribe has formal plans to establish a
tribal bar association

B.12 Does your tribal court share DUI/DWI conviction
information with state administering agencies (for
example: the Motor Vehicle Authority, DMV, etc.)?

c. No, the tribe has no plans to establish a tribal bar
association
Items B17–B23 pertain to juries only.

a. Yes

B.17 Does your tribal court provide defendants the right to
a trial by jury?

b. No
B.13 Which of the following does your tribal court
recognize as acceptable evidence to determine Blood
Alcohol Content (BAC)? (Select all that apply)

a. Yes
b. No (GO TO SECTION C)
B.18 What are the qualifications for jury service? (Select all
that apply.)

a. Breathalyzer
b. Blood tests

a. Tribal member

c. Standardized Field Sobriety Test (SFST)

b. Language requirement (for example: fluency in
English or tribal language)

d. Implied Consent
e. Other (Please describe)

c. No felony convictions

d. Residency requirement (for example: must live
on reservation)

e. Minimum age: (Please specify)

B.14 In 2014, did your tribal court permit the use of any
DNA evidence during a criminal proceeding?

f. Maximum age: (Please specify)

a. Yes

g. Other: (Please describe)

b. No

B.19 What is the standard number of jurors used by your
tribal court? (If jurors are not used for the type of trial
listed, write “N/A” for your answer.)

C.1 Does your justice system have a court of appeals,
participate in an inter-tribal appellate court, or
otherwise have an appellate process?
a. Yes (Please provide the official name of the highest
court of appeals. For example: Indian Court of
Appeals)

a. In criminal trials:
b. In civil trials:
B.20 Does your jury pool for criminal proceedings include
nonmember Indians?

a. Yes

b. No

b. No (GO TO SECTION D)

c. Not applicable

C.2 How many individual judges hear each appellate court
case? (If your tribal court does not use an appellate
court, enter “N/A.” NOTE: If more than one level of
appellate court is in operation, respond for the court of
last resort only.)

B.21 Does your jury pool for criminal proceedings include
non-Indians?
a. Yes
b. No

Check if court of last resort.

c. Not applicable

C.3 Does your tribal council or chief executive have the
authority to review and overturn decisions made by
your tribal court?

B.22 Does your jury pool for civil proceedings include
nonmember Indians?
a. Yes

a. Yes

b. No

c. Not applicable

C.4 How many appellate cases were filed in your tribal
court in the calendar year 2014?

B.23 Does your jury pool for civil proceedings include nonIndians?

a. Criminal

a. Yes

 Do not track these case numbers

b. No

b. Civil

c. Not applicable

 Do not track these case numbers

Section C. Appellate System

Section D: Tribal Court System Operations

D.1 How often does your tribal court hold sessions or hear
cases?
a. Daily

b. Once a week
c. More than once a week
d. Once a month

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.

e. More than once a month

If the case count is none, enter “0” as your answer.

If you do not track this information, please check the “Do
not track these case numbers” checkbox.

f. Other: (Please describe)

D.2 Please indicate whether your tribal court budget is on
a fiscal or calendar year cycle.

D.5 Were any of the following positions and services
funded totally or in part by your tribal court’s
operating budget in 2014?

a. Tribal fiscal year. (Please enter the start and end
dates of the 2014 fiscal year.)

Core court positions and services
a. Judges (law school graduate)
b. Judges (non-law school graduate)
c. Prosecution/prosecutor (law school graduate)
d. Prosecution/prosecutor (non-law school
graduate)
e. Indigent defense services/public defender
(law school graduate)
f. Indigent defense services/public defender
(non-law school graduate)
g. Administration/court clerks
h. Bailiffs
i. Probation/parole
j. Law clerks
k. Court staff attorney
l. ICWA worker (child welfare)*
m. Juvenile services
n. Mental health treatment
o. Alcohol and drug treatment

mm dd yyyy mm dd yyyy
b. Calendar year
D.3 During 2014, what was the operational budget of
your tribal court for adjudication functions, excluding
capital outlays for construction?6 (If you are unable to
provide the actual number please provide your best
estimate.)
$
D.4 Did any of the following sources funding for your tribal
court operations during 2014?
Source
a. Tribal appropriations
b. Self-Governance Compact
c. Public Law 93-638 Contract
d. Other BIA funding
e. Coordinated Tribal Assistance Solicitation
(CTAS) funding from the U.S. Department
of Justice (DOJ)
f. DOJ grants, other than CTAS funding
g. Substance Abuse and Mental Health
Services Administration (SAMHSA)
h. Other federal funding
i. State funding
j. Private foundations
k. Fines and other court costs
l. Other grant funding: (Please describe)

m. Other: (Please describe)

Yes





No















p. Electronic monitoring program
q. Victim services/victim assistance services
r. Alternative to incarceration programming
and/or staff

Yes




No



















*The Indian Child Welfare Act, 25 U.S.C. § 1902.

D.6 Which qualifications are required in order to serve as a
trial or appellate court judge? (Select all that apply.)

a. Tribal member
b. Age minimum or maximum
c. Proficiency in native language
d. No felony conviction
e. Residency requirement
f. Accredited law school graduate
g. Member of state bar/
licensed to practice law by
state
h. Member of tribal bar/
licensed to practice law by
tribe
i. Admitted to practice in federal
court
j. No requirements for position



6Operating expenditures or budgets are defined as all recurring fixed and

variable costs associated with the management and administration of
your system. It does not include non-recurring fixed capital costs such as
building construction and major equipment purchases.

Trial
judges







Appellate court
judges (including
supreme court
judges)









D.7 How many of the following types of personnel were
employed in your tribal court in calendar year 2014?

D.9 How long, in years, is the term of office for each of the
following justice system personnel?

NOTE: “Part-time” refers to any employee who works fewer
than 40 hours per week and includes job sharing. If you are
unable to provide the actual number, provide your best
estimate. If none, enter “0.” If a particular position does not
exist in your court, enter “N/A.”

NOTE: If the position is a lifetime appointment, write “L” as
your answer. If the position is served at the pleasure of tribal
leadership/council, write “P” as your answer. If your tribal court
does not utilize the position, write “N/A” as your answer.
Length of
term (in years)

Number of court
employees or
consultants

Staff position
a. Trial judge (law school graduate)
b. Trial judge (non-law school
graduate)
c. Apellate court judge (law school
graduate)
d. Apellate court judge (non-law
school graduate)
e. Parole or probation officer
f. Pretrial services staff
g. Community resources specialist
h. Court administrator
i. Court clerk
j. Court reporter
k. Staff attorney (does not include
prosecutor or public defender)
l. Law clerk
m. Tribal elder/peacemaker/other
traditional forum staff
n. Support staff
o. Other: (Please describe)

Fulltime
paid

Parttime
paid

a. Chief trial court judge
b. Trial court judge
c. Appellate court judge
d. Supreme court (tribal court of last resort)
justice

Volunteer/
unpaid
appointee

D.10 Does your tribal court currently have a victim service
program?
a. Yes
b. No (GO TO ITEM D12)
D.11 During 2014, did your tribal court receive federal and/or
state funding for victim services or programs? (Select all
that apply.)
a. Federal
b. State
c. No outside funding was received.
D.12 Does your tribal court rely on county or local
government social service agencies for court-ordered
treatment in juvenile and/or family cases?
a. Yes
b. No

Section E: Tribal Prosecution

p. TOTAL NUMBER OF EMPLOYEES

E.1 Does your tribal court currently have a tribal prosecutor
or prosecutor’s office?

D.8 How are the following justice system personnel
selected for these positions? (Select all that apply.)

Staff position
a. Trial judge
b. Appellate
court judge
c. Court
administrator
d. Clerk of the
court

Appointed Elected



Hired
under
contract


Hired as
a tribal
employee




a. Yes
b. No (GO TO ITEM E5)

E.2 Which qualifications are required in order to serve as a
chief or assistant prosecutor? (Select all that apply.)

a. Tribal member
b. Age minimum or maximum
c. Proficiency in native language
d. No felony conviction
e. Residency requirement
f. Accredited law school graduate
g. Member of state bar/
licensed to practice law by state
h. M
ember of tribal bar/
licensed to practice law by tribe
i. Admitted to practice in federal
court
j. No requirements for position

Chief
prosecutor







Assistant
prosecutor









Section F: Public Defense and Civil Legal
Services
F.1 Does your justice system currently have a tribal public
defender or defense office?
a. Yes
b. No (GO TO ITEM F5)
F.2 How many public defenders were employed in your
tribal court in calendar year 2014?
NOTE: “Part-time” refers to any employee who
works fewer than 40 hours per week and includes
job sharing. If you are unable to provide the actual
number, provide your best estimate. If none, enter “0.”
If a particular position does not exist in your court,
enter “N/A.”
Volunteer/
Full-time Part-time unpaid
appointee

E.3 How are the following prosecutor’s office personnel
selected for these positions? (Select all that apply.)

Appointed
a. Chief
prosecutor
b. Assistant
prosecutor

Hired
under
Elected contract

a. Public defenders (law
school graduate)
b. Public defenders (non-law
school graduate)
c. TOTAL NUMBER OF PUBLIC
DEFENDERS

Hired
as tribal
employee



F.3 Which qualifications are required in order to serve
in the following tribal court positions? (Select all that
apply.)

E.4 How many prosecutors were employed in your tribal
court in calendar year 2014?

Chief
Assistant
public
public
Lay
defender defender advocate
a. Tribal member



b. Age minimum or maximum



c. Proficiency in native



language
d. No felony conviction



e. Residency requirement



f. Accredited law school



graduate
g. Member of state bar/
licensed to practice law



by state
h. Member of tribal bar/
licensed to practice law



by tribe
i. Admitted to practice in



federal court
j. No requirements for



position

NOTE: “Part-time” refers to any employee who works
fewer than 40 hours per week and includes job sharing.
If you are unable to provide the actual number, provide
your best estimate. If none, enter “0.” If a particular
position does not exist in your court, enter “N/A.”
Full-time

Volunteer/
Part-time unpaid
appointee

a. Prosecutors (law school
graduate)
b. Prosecutors (non-law
school graduate)
c. TOTAL NUMBER OF
PROSECUTORS

E.5 Does your tribe have a contract with a local or private
attorney to provide prosecution services?
a. Yes
b. No

F.4 How are the following public defense office personnel
selected for these positions? (Select all that apply.)
Hired
Under
Appointed Elected Contract
a. Chief public
defender
b. Assistant public
defender

F.9 Does your tribe provide access to free civil legal
services for a tribal court appearance?
a. Yes

Hired as
a Tribal
Employee



b. No (GO TO SECTION G)
F.10 Are free civil legal services criteria based on income
scal and ability to pay?
a. Yes
b. No

F.5 Does your tribe have a contract with a local or private
attorney to provide public defense or indigent
services?

F.11 Who delivers your tribe’s free civil legal services?
(Select all that apply.)

a. Yes

a. Tribal public defender program (fixed staff )

b. No

b. Assigned defender (appointed from a list of
private bar members who accept cases on a
judge-by-judge basis, court-by-court basis, or
case-by-case basis)

F.6 To whom does your tribe provide free criminal defense
services? (Select all that apply.)
a. Tribe does not provide free criminal defense
services. (GO TO ITEM F9)

c. Contract counsel (nonsalaried private bar
members who contract with the tribal court to
provide court appointed representation in a
jurisdiction)

b. Tribal members
c. Nonmember Indians

d. A neighboring tribal-legal services program

d. Non-Indians

e. A non-profit legal services program, including
Indian Legal Services

e. Other: (Please describe)

f. A private law firm or office pro bono program

g. Other: (Please describe)

F.7 Are free criminal defense services based on income
scale and ability to pay?

a. Yes
b. No

Section G: Pretrial, Probation and Reentry
Programs and Services

F.8 Who delivers your tribe’s free criminal defense
services? (Select all that apply.)

G.1 Does your tribal court operate a pre-trial diversion
program?7

a. Tribal public defender program (fixed staff )
b. A
ssigned defender (appointed from a list of
private bar members who accept cases on a
judge-by-judge basis, court-by-court basis, or
case-by-case basis)

a. Yes
b. No (GO TO ITEM G3)
G.2 Does your tribal court provide a diversion program
alternative prior to formally charging the defendant
with a crime?

c. C
ontract counsel (nonsalaried private bar
members who contract with the tribal court to
provide court appointed representation in a
jurisdiction)

a. Yes
b. No

d. A neighboring tribal legal services program

7Pre-trial diversion (PTD) is an alternative to prosecution which seeks to

e. A
non-profit legal services program, including
Indian Legal Services

divert certain offenders from traditional criminal justice processing into
a program of supervision and services. In the majority of cases, offenders
are diverted at the pre-charge stage. Participants who successfully
complete the program will not be charged or, if charged, will have the
charges against them dismissed; unsuccessful participants are returned
for prosecution.

f. A private law firm or office pro bono program
g. Other: (Please describe)

G.3 Does your tribal court operate a pre-trial release
program?8

G.7 How is your tribal justice system’s probation
department funded? (Select all that apply.)

a. Yes

a. Federal grant program(s)

b. No (GO TO ITEM G5)

b. Non-federal grant program(s)

G.4 Which of the following options are provided by your
tribal court regarding the release of a defendant from
detention prior to trial? (Select all that apply.)

c. Tribal budget
d. Other: (Please describe)

a. Release on your own recognizance (ROR)

b. Bail

G.8 Who oversees the probation function in your
community?

c. Held pending further hearing or trial
d. Other: (Please describe)

a. Tribal court

b. Law enforcement

c. Probation is its own department within the tribal
justice system.

Items G5–G12 pertain to your tribal justice system’s
probation program only.

d. Corrections

G.5 Does your tribal court have a probation program?

e. Other: (Please describe)

a. Yes

b. No (GO TO ITEM G13)

G.6 Who supervises individuals placed on community
supervision by the tribal court? (Select all that apply.)

G.9 How many probation officers does your tribal justice
system employ? (Include combined total for full- and
part-time)

a. A probation officer
b. A member of the community (for example: an
elder)

If no probation officers are employed, enter”0” as your
answer.

c. A member of the probationer’s family

G.10 With which non-tribal jurisdiction(s) does your tribal
probation program work to supervise individuals
who are on community supervision from federal,
state, or local systems? (Select all that apply.)

d. Tribal court judge
e. Prosecutor
f. Court administrator

a. Federal probation

g. Nobody; we have unsupervised probation.

b. State probation

h. Tribal police officer

c. Local/municipal probation

i. Other: (Please describe)

d. Tribal probation program does not work with
any non-tribal jurisdictions in this area.

G.11 Which of the following does your probation program
complete and submit to the tribal court? (Select all
that apply.)

8Pre-trial release (PTR) is the process of a defendant being released

before trial, with or without conditions. A defendant may be released
on his or her own recognizance or released on non-financial conditions
that require monitoring the defendant in the community. Non-financial
conditions may include regular contact with a pre-trial services program,
drug testing, curfew, or electronic monitoring.

a. Presentence investigation report
b. Presentence recommendations
c. Monthly or periodic case updates
d. Violation reports
e. Other: (Please describe)

G.12 What was the total number of probation cases that
were active (both new and on-going) during 2014?

If the case count is none, enter “0” as your answer.
If you do not track this information, please check the “Do
not track these case numbers” checkbox.

 Do not track these case numbers

H.1 Which type(s) of juvenile law-violating cases does your
tribal court handle? (Select all that apply.)

Items G13–G16 pertain to your tribal justice system’s
reentry program only.

a. Tribal court does not handle juvenile lawviolating cases. (GO TO ITEM H10)

G.13 Does your tribal justice system supervise individuals
coming out of placement in a secure facility (e.g.,
federal or state detention facility)?

b. Juvenile delinquency9
c. Status offense10 (for example: underage drinking,
tobacco smoking, truancy, running away)

a. Yes
b. No (GO TO SECTION H)

d. All juvenile law-violating cases are treated as
juvenile dependency or child in need of care
matters.

G.14 With which facilities does your justice system work on
reentry supervision? (Select all that apply.)

e. Other: (Please describe)

a. Federal facilities

b. State facilities

c. County/municipal facilities

H.2 How many juvenile law-violating cases were filed in
calendar year 2014?

d. Tribal facilities (within the tribe)
e. Tribal facilities (outside of the tribe)

a. Juvenile delinquency cases

f. Other: (Please describe)

 Do not track these case numbers

b. Juvenile status offense cases (for example: underage
drinking, tobacco smoking, truancy, running away)

G.15 Does your tribal justice system operate a formal
reentry program involved in assisting tribal members
planning to return to your community?

 Do not track these case numbers
H.3 During 2014, what was the total number of juveniles
sentenced to the following? (Write “N/A” for your
answer if this does not apply.)

a. Yes
b. No

a. Incarceration

G.16 Does your community have transitional living
facilities to assist tribal members returning to the
community?

b. Probation without incarceration
H.4 To which juveniles does your tribe provide free legal
representation services in juvenile law-violating cases?
(Select all that apply.)

a. Yes
b. No

a. Tribe does not provide free legal representation
services in juvenile law-violating cases. (GO TO
ITEM H7)

Section H. Juvenile Cases

b. Tribal member juveniles

DIRECTIONS: For survey items requesting case count
information, please provide the total number of cases filed
in your tribal court during the calendar year 2014. Use the
following definition to determine case numbers:

c. Nonmember Indian juveniles
d. Non-Indian juveniles

9Acts committed by a juvenile that would be considered a criminal

offense if committed by an adult.

10 25 CFR § 11.900(m) - Status offense means an offense which, if

committed by an adult, would not be designated a crime under this part
or under an ordinance of the tribe.

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.
11

H.5 Are the criteria for free legal representation services in
juvenile law-violating cases based on income scale and
the family’s ability to pay?

k. Curfew
l. Other: (Please describe)

a. Yes

b. No

H.8 Does your tribal court handle juvenile law-violating
cases jointly with the state court (for example: through
a diversion program)?

H.6 Who provides free legal representation in juvenile lawviolating cases? (Select all that apply.)
a. Tribal public defender program (fixed staff )

a. Yes

b. A
ssigned defender (appointed from a list of
private bar members who accept cases on a
judge-by-judge basis, court-by-court basis, or
case-by-case basis)

b. No
H.9 Does your tribal court maintain a probation or parole
function for juveniles?

c. C
ontract counsel (nonsalaried private bar
members who contract with the tribal court to
provide court appointed representation in a
jurisdiction)

a. Yes
b. No
H.10 Does your tribe have or provide access to a reentry
program for tribal juveniles who have been
incarcerated?

d. A neighboring tribal-legal services program
e. A
non-profit legal services program, including
Indian Legal Services

a. Yes
b. No

f. A private law firm or office pro bono program

Items H11–H15 pertain to child welfare or dependency
matters only.

g. Other: (Please describe)

H.11 Which type(s) of Indian child welfare or dependency
matters11 does your tribal court handle? (Select all
that apply.)

H.7 Excluding incarceration, which of the following
sentencing options does your tribal court use in
sentencing juveniles for law-violations. (Select all
that apply.)

a. Tribal court does not handle Indian child welfare
or dependency matters. (GO TO SECTION I)
b. Child abuse or neglect

a. No other sentencing options

c. Foster care placements

b. D
rug or alcohol rehabilitation; random drug
testing

d. Termination of parental rights
e. Pre-adoptive placements

c. Mental health assessment; counseling or therapy

f. Adoptive placements

d. C
ommunity service (for example: litter removal
from highways, community testimonials about
underage drinking or drug abuse)

g. Guardianship
h. Other: (Please describe)

e. F ine; restitution

f. Victim-offender reconciliation (victim-offender
dialogue)

H.12 How many child welfare or dependency cases were
filed in your tribal court in calendar year 2014?

g. Electronic monitoring (For example: house
detention, alcohol monitoring bracelet)
h. Cultural or traditional alternatives

 Do not track these case numbers

i. Placement in a familial or foster home

H.13 How many Indian Child Welfare Act (ICWA) cases
were transferred from a state court to the tribal court
in calendar year 2014?

j. Probation

 Do not track these case numbers
11For example: Child in Need of Protection or Child in Need of Aid cases.

H.14 Who provides free civil legal representation to
juveniles in dependency matters?

I.1 Does your tribal court issue restraining orders and/or
protection orders to protect someone from another
person committing the following acts? (Select all
that apply.)

a. Tribe does not provide free legal representation
services to juveniles in dependency matters.

a. Tribal court does not issue restraining orders
and/or protection orders. (GO TO ITEM I6)

b. Tribal public defender program (fixed staff )
c. A
ssigned defender (appointed from a list of
private bar members who accept cases on a
judge-by-judge basis, court-by-court basis, or
case-by-case basis)

b. Sexual violence
c. Violent or physical act
d. Threatening act

d. C
ontract counsel (nonsalaried private bar
members who contract with the tribal court to
provide court appointed representation in a
jurisdiction)

e. Harassment
f. Contact or communication with the victim
g. Physical proximity to another person

e. A neighboring tribal-legal services program

h. Stalking

f. A non-profit legal services program, including
Indian Legal Services

I.2 How many restraining orders and/or protection orders
did your tribal court issue in the calendar year 2014?

g. A private law firm or office pro bono program
h. Other: (Please describe)

 Do not track these numbers

I.3 Does the state(s) in which your tribe is located
recognize restraining orders and/or protection orders
issued from the tribal court?

H.15 Do children in child welfare or dependency cases
have access to Guardian Ad Litem (GAL) and/or Court
Appointed Special Advocate (CASA) services?

a. Yes
b. No

a. GAL only

c. Not sure/do not know

b. CASA only

I.4 Does the tribal court enforce violations of valid state or
other tribal court-issued protection orders occurring on
the reservation as if it were the tribal court’s own order?

c. Both GAL and CASA
d. No access to either service

a. Yes

Section I: Domestic Violence and
Protection Orders

b. No
c. Not sure/do not know
I.5 During 2014, how many criminal convictions for
violation of protection orders issued by your court?

 Do not track these numbers

A filed case is a set of all charges against a single
defendant filed in the court on a single day. A case with
three defendants should be counted as three cases, but a
case with one defendant with multiple charges should be
counted as one case.

I.6 How many domestic violence cases were filed
in your tribal court in calendar year 2014?12
 Do not track these case numbers

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.

12Domestic violence refers to violence between married or cohabiting

couples, as well as violence against other members of the offender’s
household, such as children, siblings, parents, elderly relatives, or other
family members of current or past intimate partners.

If the case count is none, enter “0” as your answer.
If you do not track this information, please check the “Do
not track these case numbers” checkbox.

I.7 Did your tribal court receive any federal or state grants
and/or funding for domestic violence programming in
calendar year 2014?
a. Federal funding
b. State funding

Yes



J.2 If no, indicate which factors, if any, your tribe has
identified as preventing it from exercising the enhanced
sentencing authority under TLOA. (Select all that apply.)
a. There are no factors preventing the exercising of
enhanced sentencing authority under TLOA.

No



b. Tribe does not currently exercise criminal
jurisdiction.
c. Requires a change in tribal constitution or code

Section J. Enhanced Sentencing Authority

d. Requires Tribal Council to pass a resolution in
favor of implementation

The questions in this section relate to the Tribal Law and
Order Act13 (TLOA). Some of the provisions of Section 234
in TLOA provide for enhanced sentencing authority for
Indian tribes, but also include several requirements—many
related to indigent defense or public defenders—that must
be fulfilled before the authority may be exercised.

e. Requires qualified staff training and/or licensing
(for example: judge, defense attorney)
f. Requires ability to record court proceedings
g. Requires additional technical assistance or
training

J.1 Does your tribe currently exercise the enhanced
sentencing authority provided by TLOA (including
the authority to sentence defendants to 3 years of
incarceration and up to $15,000 in fines)?

h. Requires additional funding for program
implementation
i. Requires building a detention facility

a. Yes (GO TO J3)

j. Requires expanding an existing detention facility

b. No

k. Other: (Please describe)

13Tribal Law and Order Act, of 2010, 25 U.S.C. § 2802 (2010).

J.3 Please indicate whether your tribe currently meets each of the following TLOA enhanced sentencing authority
requirements.
Requirements
a. Tribal government provides a defense attorney to an indigent defendant.
b. The defense attorney (provided to the indigent defendant by the tribal government) is “licensed to practice by
any jurisdiction in the United States that applies appropriate professional licensing standards and effectively
ensures the competence and professional responsibility of its licensed attorneys.”
c. Judges presiding over criminal proceedings subject to enhanced sentencing have “sufficient legal training to
preside over criminal trials” subject to enhanced sentencing.
d. Any judges presiding over criminal proceedings subject to enhanced sentencing are “licensed to practice law
by any jurisdiction in the United States.”
e. The tribe’s criminal law, rules of evidence, and rules of criminal procedure are made available to the public prior
to charging the defendant.
f. Tribal court “maintains a record of the criminal proceeding, including an audio or other recording.”
g. Defendant is sentenced to a facility that passes the BIA jail standards for enhanced sentencing authority for
more than one year (including the Bureau of Prisons Pilot Program).

Yes


No


Unsure/do
not know




J.4 How does your tribal court system record court
proceedings? (Select all that apply.)

J.6 Please indicate the types of alternatives to incarceration
programs (other than probation) that your tribal justice
system currently operates. (Select all that apply.)

a. We do not record court proceedings.

a. Day reporting; day treatment

b. Steno type (a court reporter)

b. Electronic monitoring (e.g., alcohol monitoring
bracelet)

c. Audio recording
d. Video recording

c. Community service program

e. Other: (Please describe)

d. Mentoring

e. Mediation; dispute resolution

f. Home detention

J.5 Excluding incarceration, which of the following
alternative criminal sentencing options does your tribal
court currently use for adults? (Select all that apply.)

g. Halfway house; transitional living
h. Work or school release

a. No other sentencing options

i. Specialty court: Teen court

b. D
rug or alcohol rehabilitation; random drug
testing

j. Specialty court: Veterans court
k. Specialty court: Drug court or Healing to Wellness
court

c. M
ental health assessment; counseling and
therapy

l. Specialty court: Domestic violence court

d. C
ommunity service (for example: litter removal
from highways, community testimonials about
DWI or drinking)

m. Specialty court: Other: (Please describe)

e. Fine; restitution

f. Victim-offender reconciliation (victim-offender
dialogue)

Section K: Information Systems Access and
Data Entry

g. Electronic monitoring (For example: alcohol
monitoring bracelet)

K.1 From what agencies/entities does your tribal court
access electronic data and to what agencies/entities
does your tribal court transmit electronic data? (Select
all that apply.)

h. Probation
i. Provide DNA samples for testing and inclusion in
CODIS
j. Sex offender registration
k. Referral for Veterans Administration resources
l. Culturally based and traditional alternatives

a. Local justice agency (county or city)
b. State justice agency
c. FBI Criminal Justice Information
Services (CJIS)
d. BIA Office of Justice Services
e. Other tribes
f. Other: (Please describe)

m. Day reporting; day treatment program
n. Employment; vocational rehabilitation program
o. Individual, group or family counseling
p. Parenting education
q. Transitional living services or support
r. Other: (Please describe)

g. None of the above

Court
accesses
electronic
data from



Court
transmits
electronic
data to











K.2 What method(s) does your tribal court use to manage
cases? (Select all that apply.)

K.3 With which of the following is your tribal court
electronically networked for the purpose of
transmitting criminal justice information? (Select all
that apply)

a. Paper files
b. Basic spreadsheets (for example: Excel, Access)
c. Basic text files (for example: Word, WordPerfect)
d. An automated case management system
e. Other: (Please describe)

a. Justice agencies within your tribe



b. Justice agencies within other tribes



c. Other justice agencies outside of your tribe
(federal, state, or local)



The FBI Criminal Justice Information Services (CJIS) provides criminal justice database access and data entry for
criminal justice purposes.
K.4 Indicate which activities your tribal justice system has the ability to conduct with CJIS. (Select all that apply.)

a. Enter court disposition data
b. Enter protective orders into the National Crime Information
Center (NCIC) Protection Order Filea
c. Enter sex offenders into the National Sex Offender Registry
(NSOR) (NOTE: NCIC file – not NSOPW)b

The state conducts this activity BIA conducts this
Tribal court through an agreement on
activity on behalf No
personnel behalf of the tribe
of the tribe
access








aThe National Crime Information Center (NCIC) is a comprehensive crime-related database maintained by the FBI’s Criminal Justice Information

Services Division (CJIS).
bThe National Sex Offender Registry is a tracking system maintained and utilized by CJIS and cooperating agencies to track the location of convicted
sex offenders.

K.5 To which of the following criminal history repositories
does your tribal court submit final case disposition
information (for example: convictions, protections
orders)? (Select all that apply.)

K.7 How does your tribal court post registration
information to the sex offender registry? (Select all that
apply.)
a. Tribal court posts through the state sex offender
registry (connected to the National Sex Offender
Public Website).

a. Tribal repository
b. Local repository

b. Tribal court posts through a tribal sex offender
registry (connected to the National Sex Offender
Public Website).

c. State repository
d. Federal repository (for example: FBI CJIS)
e. None of the above

c. Tribal court posts through a tribal sex offender
registry (NOT connected to the National Sex
Offender Public Website).

K.6 Does your tribe maintain a sex offender registry?
a. Yes

d. Tribal court does not post sex offender registry
information.

b. No (GO TO ITEM K8)

e. Other: (Please describe)

K.8 Does your tribe operate its own victim notification
system?

The survey is now complete. Thank you for taking part in
the 2014 National Survey of Tribal Court Systems.

a. Yes

If you have questions or would like to speak with someone
about your experience, please call toll free and leave a
message at 1-877-528-4025 or send an email message
to NSTCS@kauffmaninc.com. A member of our survey
administration team will respond promptly.

b. No
c. Not sure/do not know
K.9 Does your tribe have an agreement with the state to
participate in a state victim notification system?

Again, thank you for your cooperation in this important
data collection effort. Your responses are critically
important to the success of this survey.

a. Yes
b. No
c. Not sure/do not know
K.10 Does your tribal court maintain a restraining order
and/or protection order registry?
a. Yes
b. No
c. Not sure/do not know

File Type	application/pdf
File Modified	2014-08-26
File Created	2014-08-26