Native American Press/Ojibwe News

Longstanding concerns about tribal courts

… A number of us in the Native community, especially those who have had the misfortune of experiencing tribal courts in action, have been concerned about Gardebring’s state court/tribal court initiative. We are concerned because of the lack of tribal courts’ independence from tribal council influence, lack of competency, lack of judicial review, lack of public defenders or representation of one’s choice, lack of court rules, lack of documentation, lack of due process, conflicts of interest, and of course, the ever-present tribal use of the sovereign immunity defense in actions against them.

We became even more concerned when all three state court /tribal court committee meetings that were held on reservations were closed to the public – an arrangement Justice Gardebring agreed to, apparently without qualm. Closed meetings are a fact of life on reservations.

Another matter that bothered many of us was the composition of the committee. All of the lawyers and Native members of the committee were from the tribal establishment i.e. either employees of the tribes or in some other way on the tribal payroll. And the committee appeared to be hand-picked by Gardebring.

No public input was permitted, although several people with concerns rose to express their opposition to the work of the committee at one meeting. At both of the off-reservation tribal court/state court committee meetings that this publisher was allowed to attend there were security guards present, creating an air of intimidation to those who would dare to ask questions. When one person in attendance asked, “How can you recognize and legitimize courts that don’t even abide by their own laws and constitutions? These are not real judges or real courts,” Justice Gardebring responded, “That’s an internal tribal matter.”

So that makes it okay, or at least none of her concern? It’s not an “internal tribal matter” when the state is seriously talking about giving full recognition to all tribal court actions and rulings. …”

—Bill Lawrence, July 3, 1998 editorial