1 / 14

Perryville V. Tague

Perryville V. Tague. Case Issues. Whether a Federally recognized Tribal Court’s order, banishing a tribal member from a Native Village is enforceable? If the Order is enforceable, can the Tribe obtain law enforcement assistance, with or without a state court order? . Location Map. Perryville .

pancho
Télécharger la présentation

Perryville V. Tague

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Perryville V. Tague

  2. Case Issues Whether a Federally recognized Tribal Court’s order, banishing a tribal member from a Native Village is enforceable? If the Order is enforceable, can the Tribe obtain law enforcement assistance, with or without a state court order?

  3. Location Map Perryville

  4. Perryville

  5. The State’s Position • An Alaska Native Tribe without “Indian Country” lacks sovereign territory, and hence the ability to banish members from the Village. • The Court’s Writ of Assistance, in effect requiring the State Troopers to enforce the banishment, violated the Doctrine of Separation of Powers. • VAWA did not Apply • Due Process was not provided

  6. NVP’s Position • NVP, as a federally recognized Tribe, has jurisdiction to regulate the the internal affairs of its members. • The Superior Court is required to give comity to the lawful orders of the NVP Tribal Court • An order of the NVP Tribal Court, lawfully issued following notice and an opportunity to be heard, regarding whether a tribal member may continue to reside in the village, is entitled to comity • The Alaska State Troopers are required to enforce the lawful orders of the NVP Court and writs issued by the Superior Court in aid of Tribal Court Orders

  7. The Superior Court’s HoldingOrder in Case 3 AN-00-12245 CI • “ The law allows tribes to ‘regulate the internal affairs of its members.” id at.4. • The NVP order was limited to Perryville: “Here the people of Perryville simply want Mr. Tague to stay away from tribal members in Perryville.” Id at 7. • Due process was not offended; Mr. Tague received actual notice of the NVP order at his sentencing, constructive notice through publication, and additional notice and a hearing in May 2003 in Perryville. Id. At 5 • The order is not permanent; Mr. Tague may seek relief from either NVP’s tribal court, or the Superior Court.

  8. Procedure • Tribal Court: See 25 U.S.C. § 3601, Indian Tribal Justice Support Act (“Indian tribes possess inherent powers to establish their own form of government, including tribal justice systems.”) • Provide notice of what the allegations are, what the individual may expect as a sanction, and where to appear for a hearing • The hearing should be held on the record, that is, it should be recorded

  9. Underlying Premise (VOWA) 18 U.S.C. § 2265(a) provides: Any protection order issued that is consistent with subsection (b) of this section by the court of one’s state or Indian tribe (the issuing state or Indian tribe) shall be accorded full faith and credit by the court of another state or Indian Tribe (the enforcing state or Indian tribe) and enforced as if it were the order of the enforcing state or tribe.

More Related