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    <title>Category : Tribal Court </title>
    <link>https://newsroom.courts.ca.gov/</link>
    <description></description>
    <language>en</language>
    
    <item>
  <title>Supporting Native American Communities in Our Court Systems</title>
  <link>https://newsroom.courts.ca.gov/news/supporting-native-american-communities-our-court-systems</link>
  <description>Supporting Native American Communities in Our Court SystemsKaren.Datangel
Thu, 11/13/2025 - 09:09

      
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            *This feature was originally published on November 16, 2023 and has been updated.

What began with a simple request by one tribal court judge for a meeting with the state’s Chief Justice has taken us to where we are today in California, the coming together of tribal court and state court leaders as equal partners to address areas of mutual concern.

Formed in 2010, the Tribal Court-State Court Forum improves the working relationship between California’s tribal and state courts and makes recommendations on matters where tribal and state courts overlap.

The forum, made up of judges and members of both the tribal and state court communities, provides direction in areas such as:

Jurisdictional issues
	Enforcement and recognition of protective orders and judgments
	Access to justice in Indian country in the areas of domestic violence, sexual assault, stalking, and teen-dating violence
The forum also gathers data and develops resources relevant to Native American communities and tribal justice systems. In addition, the forum supports rules and legislation relating to child support, guardianship, civil money judgments, and other areas.

Joint-Jurisdiction CourtIn California, tribal and state courts share concurrent jurisdiction over many case types. Rather than choosing between either state or tribal court jurisdiction, cases can be heard in a joint-jurisdiction court. 

In this setting, the tribal court judge and the state (or federal) court judge come together to simultaneously exercise their respective jurisdiction. Sharing and coordinating jurisdiction allows the leveraging of resources from each jurisdiction to improve outcomes. 

For example, the Humboldt Superior Court and Yurok Tribal Court formed a Family Wellness Court to help parents end their substance use and ultimately reunite them with their children. Judges from both courts jointly oversee cases and work closely with families and wellness teams consisting of tribal mentors, family members, mental health specialists, and county social workers to design tailored wellness plans with clear objectives.

“What we are engaged in is nothing short of redesigning a new and better way of doing things when it comes to our families who are struggling with substance abuse and have children in the child welfare system,” said Judge Joyce Hinrichs (Ret.) of the Humboldt Superior Court, who presided over the Family Wellness Court with Yurok Tribal Court Chief Judge Abby Abinanti.

Joint-jurisdiction courts operate in El Dorado, Humboldt, and Del Norte Counties. 

Judicial Council Offers Resources on Native American IssuesWith federal and state funding, the Judicial Council of California maintains a Tribal/State Programs unit that provides legal services and technical assistance to local courts on inter-jurisdictional issues across all case types and assists with the development of policies, positions, and programs to ensure the highest quality of justice and service for California’s Native American communities. 

The council’s tribal/state program also develops resources to assist those involved in Indian Child Welfare Act (ICWA) proceedings understand their legal obligations under ICWA and comply with those requirements. 

Read more about Tribal Communities in California. 

This November, California Courts and the Judicial Council of California join the nation in recognizing National Native American Heritage Month.

According to the most recent U.S. Census data, California is home to more people of American Indian/Alaska Native heritage than any other state.
	Currently 109 federally recognized Indian tribes in California and several non-federally recognized tribes petitioned for federal recognition through the Bureau of Indian Affairs Office of Federal Recognition.
	California has 32 tribal courts, serving approximately 50 tribes.
	The Judicial Council provides staff to the Tribal Court-State Court Forum, as well as education and technical assistance on the Indian Child Welfare Act, violence prevention, and tribal justice systems.
Featured Photo: Redding Rancheria Tribal Court

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  <title>Council&#039;s Tribal Court-State Court Forum Celebrates 15th Anniversary</title>
  <link>https://newsroom.courts.ca.gov/news/councils-tribal-court-state-court-forum-celebrates-15th-anniversary</link>
  <description>Council&amp;#039;s Tribal Court-State Court Forum Celebrates 15th AnniversaryKaren.Datangel
Fri, 05/23/2025 - 15:50

      
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Watch video on YouTube

The Tribal Court–State Court Forum marked its 15th anniversary this week, a landmark collaboration to establish California tribal and state courts as equal justice partners in serving the state that&#039;s home to the most Native American people in the nation.

The group began as a meeting of tribal court and state court judges statewide who gathered to study and provide recommendations on issues such as enforcing protective orders and judgments; jurisdictional issues; and how to ensure access to justice in tribal areas involving issues like domestic violence and sexual assault. The coalition provided a forum for members to share information, resources, and education.

&quot;For tribes across the state of California, it gave us the opportunity to come together and use our voices as one,&quot; said Chief Judge Richard C. Blake of the Hoopa Valley Tribal Court and Redding Rancheria Tribal Court. &quot;It spoke volumes to the commitment of the state of California on their willingness to work with tribes in developing this type of agreement.&quot;

The California Tribal Court/State Court Coalition Becomes the Tribal Court-State Court ForumIn 2013, the Judicial Council of California made the Tribal Court-State Court Forum a formal advisory committee. In doing so, the Judicial Council acknowledged tribal sovereignty and recognized tribes as distinct, independent political nations with authority to establish their own form of government, including tribal justice systems.

Today, the forum makes recommendations to the council for improving the administration of justice where jurisdiction by the state judicial branch and the tribal justice systems overlap.

&quot;I’m thankful to those who spearheaded the creation of the forum. Its work and dedicated members over the last 15 years have helped the judicial branch be more effective and culturally responsive to our tribal communities,&quot; said Chief Justice Patricia Guerrero. &quot;This collaboration shows how we can work together to make our court system better for everyone.&quot;

Forum Members Reflect on Importance of Ongoing Partnership Between Tribal and State Courts and EntitiesThe advisory committee is currently comprised of 30-plus members, including tribal court judicial officers, state court judicial officers, court representatives in areas with tribal courts, and directors and advisors from state government entities. 

&quot;It&#039;s a massive task to construct a system like this and make it responsive to all the issues of the day, and to deal with the people who appear in front of you, the law, and with each other,&quot; said committee co-chair Judge Abby Abinanti, Chief Judge of the Yurok Tribal Court. &quot;People who aren&#039;t from similar backgrounds bring different things, and it&#039;s very surprising to see how you try to blend all of this into one mechanism.&quot;

&quot;We&#039;re really lucky in Humboldt County and maybe in other places too that tribes are willing to share their culture with us, which is beautiful in how they resolve disputes, what they did, and what they expect from others,&quot; said co-chair Judge Joyce Hinrichs (Ret.), who served in the Humboldt Superior Court. &quot;There&#039;s a lot to learn that would benefit our state court systems as well as partnering in ways that would benefit tribal members to be the best and most qualified people they can be, contributing to their tribe, culture, and greater community.&quot;

Judge Kristina Lindquist of the Sacramento Superior Court has served on the forum for almost four years, since she took on dependency assignments including those involving the Indian Child Welfare Act (ICWA). &quot;I hope that the forum continues to expand so that more people have the opportunity to be exposed to these issues [in the tribes and courts] and remember that they exist,&quot; she said. &quot;It&#039;s nice to be able to share these relationships in solving issues that are confronting state and tribal courts equally and work on serving the public in an effective way.&quot;

Since that first meeting he requested from Chief Justice Ronald George, Judge Blake still serves as a member of the Tribal Court-State Court Forum and remains proud of its presence and growth. He said, &quot;The ability to work hand-in-hand with the state of California and the state court bench has been remarkable. I think we&#039;ve shown this country that if most courts and tribes in the state can do this, every state can do it.&quot;

*Photos and meeting footage courtesy of Judicial Council. Photo of Judge Suzanne Kingsbury and Judge Christine Williams from Mountain Democrat / Krysten Kellum.

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  <title>How a County Superior Court Partnered With a Tribal Court to Create First Joint-Jurisdiction Court in California</title>
  <link>https://newsroom.courts.ca.gov/news/how-county-superior-court-partnered-tribal-court-create-first-joint-jurisdiction-court</link>
  <description>How a County Superior Court Partnered With a Tribal Court to Create First Joint-Jurisdiction Court in CaliforniaKaren.Datangel
Wed, 12/04/2024 - 14:20

      
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            A joint-jurisdiction court in El Dorado County continues to break the school-to-prison cycle for Native American youth. Using restorative justice practices to provide children and parents with achievable goals, the court helps to improve youths’ self-confidence, results in positive life choices, and gives children and families a true connection to tribal history and culture.

Creation of Joint-Jurisdictional CourtThe joint-jurisdictional Family Wellness Court in El Dorado County was established in 2015 by former Presiding Judge Suzanne Kingsbury (Ret.) of the Superior Court of El Dorado County and former Chief Judge Christine Williams of the Shingle Springs Band of Miwok Indians Tribal Court. Currently presided over by Judge Gary Slossberg and Chief Judge Victorio Shaw, the judges hear a wide range of cases, including juvenile, child welfare, domestic violence, and criminal.

How the Joint-Jurisdictional Court WorksThe Family Wellness Court allows for justice system-involved tribal youth and their families to take part in culturally responsive and court-supervised alternative practices than usually seen in a more traditional court. These alternative practices are also known as collaborative justice or problem-solving courts, which combine judicial supervision with rehabilitation services that are rigorously monitored and focused on recovery to reduce recidivism and improve offender outcomes. By sharing information and resources and coordinating their actions on these alternative approaches, the state and tribal courts can better address the legal issues faced by tribal youth.

This joint-jurisdictional model in El Dorado County was the first of its kind in California and was inspired by the Cass County and Leech Lake Band of Ojibwe Wellness Court in Minnesota, which was established as the first joint-jurisdiction court in the nation in 2006. Former California Chief Justice Ronald George then established California’s Tribal Court-State Court Forum in 2010, modeled after other federal/state/tribal forums around the nation. The Judicial Council then created a Tribal/State Programs unit to support the work of the forum, including expanding the use of the Wellness Court model. 

With the help of Jennifer Walter, who served as lead counsel to the Tribal Court-State Court Forum from 2010 to 2017, Judge Kingsbury and Judge Williams received a planning grant in 2015 from the Bureau of Justice Assistance to form its own Family Wellness Court in El Dorado County.

Judge Kingsbury, Judge Williams (now the Chief Judge of the Wilton Rancheria Tribal Court), and Ms. Walter (now in private practice) reflected on why they started their wellness court, the benefits it brings to their communities, and the impacts of the Family Wellness Court movement in California and nationwide.

What are the benefits of a joint-jurisdiction court?Jenny Walter: The need is that you have two different jurisdictions addressing the same problem with the same family and because there’s generally a directive of resources on the tribal and county sides, it just makes sense to maximize and leverage the services. The other piece that’s really critical is when the state hears a case from tribal members, they will benefit so much from having a tribal court judge and tribal service providers in order to meet the needs of those families. If you can bring them together, you’ll change the outcomes. 

The tribal judges know these families. They’re not going to get snowed by what a state court judge might get snowed by. They’re going to be able to hold folks accountable in a very different way than a state court judge can. 

And then there’s these beautiful relationships that get formed with the judges and service providers when they can solve a problem they both share by coming together.

What were some of the issues tribal youth were facing in schools?Judge Suzanne Kingsbury (Ret.): When kids got to the more traditional schools in the county, they very much felt like they were fish out of water. Older kids had tribal tattoos and were identified by school resource officers as being gang members or otherwise involved in criminal activity, but the tribal tattoos had significance in terms of customs and traditions of the tribe. So the kids felt marginalized and as they got older. They got foisted off to charter or continuation schools partially because of the absences and because they felt uncomfortable. We wanted to work with the school system to make sure these kids felt comfortable in mainstream schools.

Judge Christine Williams: A lot of the youth were being cited for different infractions on campus and the schools are not in reservation boundaries. Sometimes the tribal court was not hearing about these issues until later in the process and we felt that [the Wellness Court] was a way to communicate and problem-solve better around these cases.

Walter: At Shingle Springs and in El Dorado County, a lot of young people were becoming truant and sent to classrooms and areas where they weren’t getting their needs met, so they had no impetus or motivation to come to school. The school attendance board didn’t know what kind of accountability to have in place with the children and their parents, and there was a lot of animosity among the tribal members and families against the schools and yet everyone wanted to solve the problem. 

Why is a wraparound approach important in the Family Wellness Court?Judge Kingsbury: If you take a child that’s in a dysfunctional family and you put that child in a situation where he or she learns skills and then just put them back in the same dysfunctional situation, it’s no wonder when that child doesn’t succeed. However, when you work with the whole family -- and really roll up your sleeves as opposed to just checking boxes on a reunification plan -- it reaps dividends and the families emerge stronger and better able to navigate their lives without the intervention of the court system and I think that’s ultimately the goal.

What were some of the early successes of the Family Wellness Court?Judge Kingsbury: I think that our greatest successes were getting youth to the point where they could matriculate and/or graduate; developing a shared vision (at the state court and tribal court level) for the children and families involved in the joint jurisdiction courts instead of working at cross purposes; partnering with the local schools to assist them in better meeting the needs of tribal youth and their families; tackling generational truancy; and strengthening families in the tribal community.

The participants were committed to change. Even if they didn’t fully complete the program, they still accomplished our goals of having them graduate from high school, getting to a point where they no longer had to be justice-involved, getting them to matriculate from one school to another, and getting them enough credits to graduate.

We also developed some lasting changes within the educational system that made everyone a lot more aware of the differences that tribal students brought to the table and hopefully got them to deal with them with more sensitivity.

Judge Williams: Besides better outcomes, the unexpected success was the relationship between the county justice system and the tribal justice system and how it grew. The whole county including the reservation area became a better and safer place for everyone who came into that geographic area for the joint-jurisdiction project. We were able to see better coordination with county services that overlapped with tribal services like probation and most certainly the court. Together our outcomes for native people, non-native people, tribal members, casino patrons, and everyone who came into the area were better coordinated. 

There were a lot of stereotypes there for both sides, so there was a lot of mistrust when we first started but a lot of that got broken down and communication just improved. We saw a change in the way everyone felt about each other and things got better, safer, and more cooperative.

What did you learn from each other and others from presiding over the Family Wellness Court?Judge Kingsbury: Many of us came from a background where it wasn’t really understood how significant historical trauma is and how much it pervades every aspect of tribal people’s lives. To learn how to make trauma-informed decisions and work at peeling away the layers takes some time and it may require a timeframe that is somewhat different from the same timeframe that we have in the state court system. It was easy to deal with delinquency because those cases don’t have timeframes associated with them, however once we got into all the other cases, those cases were driven by the statutory timeframes unless the involved people were willing to waive time.

We figured out novel ways to solve problems. The tribal and county social workers were very creative and came up with really solid ideas on how to navigate a particular family’s problem. We found to really trust their views and vision on what they were doing. [Me and Judge Williams’] spidey sense may have gone in a different direction. We got assurance from the social workers that participants were doing well and to give them some faith.

Judge Williams: Public Law 280, which is the jurisdictional law that covers the division between the federal, state, and tribal governments in California, can be a gift if you learn how to utilize concurrent jurisdiction. That was the biggest takeaway for me, and that potentially any tribe in any county can attempt to coordinate their share of jurisdiction under Public Law 280. At the time, El Dorado County and the Shingle Springs Miwok Band of Indians had a difficult history, as most counties and most tribes do. El Dorado County is really close to the epicenter of the Gold Rush which was a devastating time for native people, yet I found all the judges on the bench in El Dorado County were really open to the concepts around the Family Wellness Court. I learned that sharing jurisdiction can be done anywhere, with the right people in place.

I didn’t know what to expect from the judges in El Dorado County. There was no native representation on the bench and no one necessarily reflecting back on my community, but I found the most willing, caring, and capable partners in the county and it’s really a credit to how esteemed our bench is across the state. It’s difficult work we [judges] do and tribes are working the same way to improve their situation the way counties are.

What should state and tribal entities know about starting a joint-jurisdiction court?Judge Williams: I’m going to steal from my partner in anti-crime Judge Kingsbury: You can plan forever, but at some point, you just have to start. We had a two-year planning grant that was so incredibly helpful for us and got to put together strategic plans, host meetings and talk about what we wanted to see and who would be the key players. But at some point, you just have to start hearing a case and pull in people in person. 

Don’t wait forever for all the circumstances to be perfect – ever. They won’t ever be perfect so your goal is to make things better incrementally and anything you can do to partner between a tribe and a county is already going to be better. It doesn’t have to be a big joint-jurisdiction project. Start by diverting a case or diverting a sentence on one case. Create a youth sentencing circle that the tribe and the county can both use.

Look at the strengths you already have and start there. We were successful because we already had a working relationship. El Dorado already had several wellness courts for veterans and mental health and were not new to the concept of alternative justice. For the tribe, they already had social services, after-school programs, tutors, and cultural programming for youth, so it already made sense to pair those things and start with a Family Wellness Court. 

Don’t overwhelm yourself with a model that worked for someone else. Make a model that works for you and look at your strengths and build on those rather than on a deficit, needs-based model.

Have an open mind about who your partners are going to be. Don’t come in with preexisting notions with what to expect. It’s hard to do with lots of past trauma between tribes and counties. Try to acknowledge that and embrace the past, but move forward through it to trust each other and try something new. 

Walter: When you’re creating a court like this, you end up with a lot of divisive and hard conversations that do take place but it’s through those conversations that you begin to build relationships and begin to see a problem not just from your own or their own lens but from a shared lens. Then that shared problem leads to a shared solution and better problem-solving. 

Really take the time to develop those relationships, and bring in somebody who is on the outside to help facilitate conversations. In other parts of the country, joint-jurisdiction courts fail because they didn’t bring in a neutral facilitator to help make sure things can get addressed in the right timing so relationships can flourish and don’t walk the other way. 

Focus on what your common problem is and try not to get side-tracked. Don’t be afraid to shoot for the moon – it&#039;s really about reimagining a court system.
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  <title>How the El Dorado and Shingle Springs Family Wellness Court Uses Alternative Methods to Serve Tribal Youth and Families</title>
  <link>https://newsroom.courts.ca.gov/news/how-el-dorado-and-shingle-springs-family-wellness-court-uses-alternative-methods-serve-tribal</link>
  <description>How the El Dorado and Shingle Springs Family Wellness Court Uses Alternative Methods to Serve Tribal Youth and FamiliesKaren.Datangel
Tue, 11/26/2024 - 10:33

      
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            The first of its kind in California, the joint-jurisdictional Family Wellness Court in El Dorado County hears a wide range of cases and uses strategies not often seen in traditional state courts to address justice-involved tribal youth in the areas of juvenile, child welfare, domestic violence, and criminal. 

Superior Court of El Dorado County Judge Gary Slossberg and Shingle Springs Band of Miwok Indians Chief Judge Victorio Shaw shared their insights about the court today, how the county and tribe partner in the collaborative court, and how they&#039;ve seen court participants succeed.

The Family Wellness Court began as a measure to reduce truancy within tribal youth. Would you say most of the cases you deal with now have to do with truancy? What kind of cases do you deal with now?

Judge Gary Slossberg: I&#039;m currently working on one adult case and a handful of juvenile cases. I&#039;ve had at most six cases at one time. Because of the nature of the case type, some of the cases have a long life. Sometimes you have a kid who has difficulties and they can be in Wellness Court for years. Like starting in middle school, they may have difficulties getting to school on time, grades, and turning in assignments, so it could be several years that a child is in the Wellness Court. Some of them do it all the way until they graduate. 

The tribal court is distinctive from the state court as they have a whole host of tools available that the state court doesn’t have including relationships. You have a case and there’s lots of people who know the family of the youth as they’re actively involved in the tribe, so that brings forward certain types of tools that you wouldn’t have in a state court system. 

Judge Victorio Shaw: The bulk of the cases are still related to truancy or to students just not passing their classes. But we’ve also looked into expanding to DUI cases and behavioral health. We’re working on an agreement with the county to do mental health diversion. They will potentially consider us doing a mirrored program through the tribe. That’s how we were able to expand to domestic violence cases. The county does have behavioral health diversion and that was actually recommended by Judge Slossberg’s predecessor as a program that we could mirror on the tribal side in the Family Wellness Court. We do have an MOU (memorandum of understanding) in place; we’re just waiting on approval by the county. 

If there was a tribal member that was charged with domestic violence, that case could be transferred post-adjudication to the Family Wellness Court. We would essentially monitor that individual’s progress in terms of their completion of the batterer’s intervention program, but we would also offer them tribal services like a Red Road class—which is a more traditional/cultural version of Alcoholics Anonymous—counseling, and any other services that we ascertain might benefit the individual. The idea is that we are able to help the individual in a more personalized way than the county would be able to and get them services that they can obtain on the reservation without having to leave and go to the county. There’s a cultural component, familiarity, and higher comfort level when they are able to get services through the tribe. 

What are some ways you’ve seen the Family Wellness Court succeed? 

Judge Slossberg: You see that kids do a 180-degree turnaround. They come in at first and are dismissive of the court, and over time, you see them have more trust and faith in the system. You also see the outcomes of them attending school more, getting better grades, and seeming more hopeful for the future. It creates a very supportive environment for the youth that are in crisis. 

Judge Shaw: Many students turn their academics around completely. I’ve had more than one student go from F’s to straight A’s. It wasn’t automatic, it took time and really ascertaining where the family was at. We just don’t look at the individual, we look at the whole family as often as part of the issue why a student is not succeeding.

We’re really able to customize what we do for each individual. Many times, they may need a place to study after school. Maybe they need rides to school, tutoring, or counseling. We might have to drug test them because there’s evidence they’re using substances. Through treating them and the family, we’ve graduated a number of students out of the program and out of high school who were frankly not passing or on track to graduate.

We’ve seen attitudes turn around. We’ve seen individuals get off of substances and get help through counseling. We’ve seen them get off drugs entirely and see their health and physical appearance improve. They glow., come out of their shell, and start talking and engaging with the community at traditional ceremonies and events. The court is an extension of their tribal family. It’s really evident that we care on a much deeper level with the amount of attention, consideration, and support. 

Can you share more about the importance of joint-jurisdiction courts and tribal/state partnerships? 

Judge Slossberg: The Family Wellness Court takes a different approach than the standard state family or juvenile court. The discussions in court are more open and free-flowing and take a team approach to solving the issues confronting youth. 

Sometimes youth in Wellness Court have the potential to be subject to the state juvenile justice system if they’re not trying to comply with Wellness Court orders. That can bring some leverage to the case, and it might get the child to pay attention a bit more. 

Sometimes there are just differences in approach. The state court is more linear, like A-Z, whereas the tribal court is almost like a case management process where you have lots of different players in the room and it’s more of an open discussion. The state court&#039;s knowledge base, particularly regarding criminal, juvenile justice, and family law procedures in the surrounding county, can be drawn upon to give appropriate context to cases. With those two different ways of approaching the court system, you find a nice balance, which works well to keep the kids in check and helps give them the support they need to make some positive changes. 

Judge Shaw: The tribal members see themselves as part of the community that they reside in. This includes the county and we like to be good partners. We like to be responsible for our tribal citizens and their well-being. It’s all about decreasing recidivism and breaking the cycles of trauma and substance abuse, so if this program has a greater likelihood of success , it improves the overall well-being of the tribe in general and therefore the community at large. 

The tribe provides all the resources so it’s less resources the county has to expend. But if we are decreasing recidivism and breaking these cycles, then that means less cases that the county will have in the future. It also improves the level of respect between the tribe and the county when we work together on something that turns out to be a success. It shows that the tribal government and nation really cares about its people and puts time and resources into improving the lives of their citizens.

It really has garnered the mutual respect in the tribe and the county in that they see what we’re willing to do to improve the lives of tribal citizens. And we see what the county is willing to do in supporting the tribe and to respect the sovereignty of the tribe, the tribal government, and the tribal court as legitimate entities that make a difference in people’s lives. 

What advice/words of encouragement do you have for courts and entities that would like to begin their own joint-jurisdiction courts? 

Judge Slossberg: It’s been a valuable partnership for me. With the participants in the process, you get a lot out of it. It’s increased my awareness of the inner working of the tribe and allowed me to build and foster relationships, which is helpful for me professionally and practically with other things I do as a state court judge. Sometimes issues arise that relate to the tribe and it’s nice to have that background.

Also, it’s a refreshing process to be a part of. The setup of the court is different from the state court in ways that are very positive and beneficial for the youth. The outcomes are great for the kids. You see positive change in children which you know is going to make a difference in the long haul. It’s good to be in a process like that as things can be so negative in a court system. It’s great when you’re involved in it and you’re making real positive change. You definitely see it happen in these collaborative courts.

Judge Shaw: Don’t be afraid to pick up the phone and ask if there are possibilities or potential to work together, especially when it comes to tribal youth. Both sides ultimately want the same thing and that is for young people to stay on the right track, to graduate, and be high functioning and well-adjusted adults. The tribe has a lot of resources and understanding of the tribal citizens. It can be an asset to the county and even show the county there are alternative ways to approach some of these issues.

Be patient. There are mutual concerns, interests, and benefits that are obtainable for both sides. If someone was to ask 30-40 years ago if this Family Wellness Court would be operating the way it is, people wouldn’t have believed it given the back history of the relationships there. But it really goes to show that whether you’re on the tribal or county side, we’re all trying to do the same thing, which is improve the lives of our community and it only makes sense to try to work together. 

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  <title>California Native American Day Highlights Support for State&#039;s Native Communities</title>
  <link>https://newsroom.courts.ca.gov/news/california-native-american-day-highlights-support-states-native-communities</link>
  <description>California Native American Day Highlights Support for State&amp;#039;s Native CommunitiesKaren.Datangel
Thu, 09/26/2024 - 13:50

      
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            This Friday, California courts will close in observance of the California Native American Day state holiday. But courts are also taking the opportunity to recognize Native American people and celebrate their history in the state. 

San Bernardino Court Honors Tribal Communities 

In 2021, Assemblymember James C. Ramos (D-Highland), the first Native American to serve in the state legislature, authored AB 855 to amend the Code of Civil Procedure to recognize California Native American Day on the fourth Friday of September as a judicial holiday. The Judicial Council-sponsored bill was passed by the Legislature and signed by Governor Gavin Newsom to take effect the next year.

This week, Assemblymember Ramos took part in a California Native American Day celebration outside of the Superior Court of San Bernardino County, where cultural performers took part in traditional song and dance. ABC7 featured the celebration and spoke with Ramos and Judge Lisa Rogan, presiding judge for the Superior Court of San Bernardino County.

&quot;We are calling on other counties - superior court counties - to partner with tribal people from those areas to highlight the paid holiday of California&#039;s Native American Day,&quot; Ramos said.

&quot;All throughout San Bernardino County we have so much cultural awareness with our tribal family and to celebrate them as California&#039;s first people is extremely important to not only the employees but the people of our community,&quot; said Judge Rogan.

Partnerships Between the State Court and Tribal Justice Systems

Partnership Benefits Youth in San Diego CountyThe Intertribal Court of Southern California (“ICSC”) and the Superior Court of San Diego County collaborate to address the needs of Tribal youth in the child welfare and juvenile justice systems. With the support of the superior court, the ICSC has a Memorandum of Understanding (MOU) with the District Attorney&#039;s Office and Probation Department to divert youth to the ICSC Tribal Youth Court, where peers serve as decision-makers to cultivate wellness-based responses. Additionally, because of the Tribal and state court partnership in San Diego, the county&#039;s probation department now has improved reporting in identifying Tribal youth. 

The collaboration started in 2021 and is led by Ana España, Presiding Juvenile Court Judge in the Superior Court of San Diego County, and Devon L. Lomayesva, Chief Judge of the Intertribal Court of Southern California.

&quot;The Tribes can inform the [state] court of culturally appropriate services that can be incorporated into a probation youth case plan,&quot; said Judge España. &quot;By integrating culturally appropriate services, I believe there is more youth/family buy-in and it&#039;s more meaningful and relevant to the youth and family. And frankly, it’s just a matter of respect as well.&quot;

&quot;When youth in the system have that Tribal support, you&#039;re bringing in a component that they&#039;re familiar with, which improves their self-identity, helps them feel more grounded, and promotes their self-worth,&quot; said Chief Judge Lomayesva. &quot;We&#039;re always going to be partners with our counties and if the youth can&#039;t be within their Tribal system, the services and settings should be culturally appropriate and be familiar with the Tribes they serve.&quot;

Tribal Court-State Court Forum Formed in 2010, the Judicial Council&#039;s Tribal Court-State Court Forum improves the working relationship between California’s tribal and state courts and makes recommendations on matters where tribal and state courts overlap.

The forum, made up of judges and members of both the tribal and state court communities, provides direction in areas such as:

Jurisdictional issues
	Enforcement and recognition of protective orders and judgments
	Access to justice in Indian country in the areas of domestic violence, sexual assault, stalking, and teen dating violence
The forum also gathers data and develops resources relevant to Native American communities and tribal justice systems. In addition, the forum helps create rules, forms, and legislation relating to child support, guardianship, civil money judgments, and other areas involving state and tribal courts.

At its September business meeting, the Judicial Council approved two new forms and revisions to four existing forms to clarify that the requirement to recognize and enforce child custody orders under the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act applies to custody orders issued by a tribal court. Tribal court judges report they have experienced problems having their child custody orders registered and enforced because the existing form refers only to out-of-state custody orders and does not reference tribal court orders.

Judicial Council Offers Resources on Native American IssuesWith federal and state funding, the council maintains a Tribal/State Programs unit that provides legal services and technical assistance to local courts on inter-jurisdictional issues across all case types. That unit also assists with the development of policies, positions, and programs to ensure the highest quality of justice and service for California’s Native American communities. 

The unit provides staff to the council’s Tribal Court-State Court Forum and the California Child Welfare&#039;s CSEC Action Team, and develops resources to assist those involved in Indian Child Welfare Act (ICWA) proceedings understand their legal obligations under ICWA and comply with those requirements.

The Tribal/State Programs Unit also worked on the Violence Against Women Education Project (VAWEP), an initiative designed to provide tribal and state courts with information, supplies, technical assistance, educational materials, and programs on the role of the courts in responding to cases involving domestic violence, sexual assault, stalking, dating violence, and human trafficking.

Read more about Tribal Communities in California. 

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  <title>Bringing Awareness to Violence in Tribal Communities</title>
  <link>https://newsroom.courts.ca.gov/news/bringing-awareness-violence-tribal-communities</link>
  <description>Bringing Awareness to Violence in Tribal CommunitiesKaren.Datangel
Tue, 11/21/2023 - 10:41

      
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            Research has found that Native Americans experience a per capita rate of violence twice that of the U.S. resident population, and that female Native Americans are murdered at ten times the national average. In addition, murder is the third leading cause of death for female Native Americans and more than one in three Native American women are likely to be raped in their lifetimes.

Educating Courts About Cases Involving Native Americans

In a podcast for judges entitled &quot;Murdered and Missing Indigenous People: What the State Court System Needs to Know,&quot; host Lee Romney speaks with judicial and law enforcement leaders in the Yurok Tribe and Humboldt County to explore the root causes of the Murdered and Missing Indigenous People (MMIP) phenomenon, why many cases go unsolved, and possible solutions for the community.

The podcast cites a report from the Sovereign Bodies Institute and Yurok Tribal Court, where researchers discovered 183 cases of missing and murdered Indigenous women, girls and two-spirit people (individuals in Native American cultures who fulfill a traditional third-gender or other gender-variant role) in California, dating back to the year 1900. Nearly 60% of these cases were from Northern California, and only about half resulted in charges or conviction due to inconclusive investigations, misclassification of cases, and unreported cases.

The report poses an important question: What can state courts do if many of these cases don&#039;t result in criminal charges? Romney says, &quot;They should view the MMIP phenomenon more holistically and reassess how they respond to cases involving domestic and intimate partner violence, sexual assault, survival sex work, juvenile runaways, substance use and child removal cases. That means learning whether defendants or victims are Native American and whether they are enrolled members of a California tribe.&quot;

Judicial Council Shares Resources and Research; Advisory Body to Help Implement Legislation on Tribal Public Safety

The Judicial Council’s Tribal Court-State Court Forum has historically focused on issues related to domestic violence, victimization, trafficking, and exploitation in tribal communities. The forum has conducted research, created resources, and supported projects on these topics, including the Domestic Abuse Self-Help Tribal Project, which the council established to help litigants obtain restraining orders in tribal and state courts. 

As part of the California judicial branch’s goal to promote inclusion and serve the state’s diverse population, the forum is also helping to implement AB 3099, authored by Assemblymember James C. Ramos (D-Highland), which calls for the California Department of Justice to provide training and guidance to law enforcement agencies and tribal governments to help reduce uncertainty regarding criminal jurisdiction and improve public safety on tribal lands. The effort also includes funds to study challenges related to the reporting and identification of MMIP in California, particularly women and girls. 

In addition, the council’s Tribal/State Programs Unit curates resources related to cases of domestic violence, dating violence, sexual assault, trafficking, elder abuse, and stalking in Native American communities, shedding light on such issues. 

This November, California courts and the Judicial Council of California join the nation in recognizing National Native American Heritage Month.

According to the most recent U.S. Census data, California is home to more people of American Indian/Alaska Native heritage than any other state.
	 
	Currently 109 federally recognized Indian tribes in California and several non-federally recognized tribes petitioned for federal recognition through the Bureau of Indian Affairs Office of Federal Recognition.
	 
	California has 27 tribal courts, serving approximately 40 tribes.
	 
	The Judicial Council provides staff to the Tribal Court-State Court Forum, as well as education and technical assistance on the Indian Child Welfare Act, violence prevention, and tribal justice systems. 

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  <title>Honoring California’s Native American Judges: Judge Abby Abinanti</title>
  <link>https://newsroom.courts.ca.gov/news/honoring-californias-native-american-judges-judge-abby-abinanti</link>
  <description>Honoring California’s Native American Judges: Judge Abby AbinantiKaren.Datangel
Mon, 11/20/2023 - 13:26

      
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            [Feature 1] [Feature 2] [Feature 3] [Feature 4]

Currently serving as Chief Judge of the Yurok Tribal Court, Abby Abinanti was the first Native American woman to be admitted to the State Bar of California and is the first Native American woman to serve as a judicial officer in the state of California. Judge Abinanti has served as a judge in the tribal court since 1997 and has held the title of Chief Judge since 2007. Additionally, she has served as a commissioner for the San Francisco Superior Court. 

Chief Judge Abinanti also serves as co-chair of the Tribal Court-State Forum, which makes recommendations to the Judicial Council for improving proceedings where jurisdiction by the state courts and tribal justice systems overlaps. 

In 2019, along with Humboldt County Presiding Judge Joyce Hinrichs, Chief Judge Abinanti presided over a Family Wellness Court to help parents end their substance use with the goal of reuniting them with their children.

As a tribal judge, Judge Abinanti is incorporating traditional culture into her courtrooms with a focus on rehabilitation. She was featured in the 2017 documentary Tribal Justice, which followed her and another tribal judge, Judge Claudette White of the Quechan Tribe, as they created these justice systems for their communities. She was also recently featured in Gutsy, a documentary by Hillary and Chelsea Clinton.

In a 2019 interview with Capitol Weekly, Judge Abinanti spoke about her work in the judicial field and why it’s important for her to build tribal justice systems. “I never intended to be a lawyer and then I became a lawyer, and I thought maybe this is why — because now I have the skill set that nobody else has that I can bring home, and we need to do some things to get ourselves ready and to move forward and I have the skill set and so to me that is my responsibility, to use that skill set and to complete this work the best I can,” she said.

Read Judge Abinanti&#039;s recent op-ed in The Orange County Register about violence and justice in Native American communities.

This November, California courts and the Judicial Council of California join the nation in recognizing National Native American Heritage Month.

According to the most recent U.S. Census data, California is home to more people of American Indian/Alaska Native heritage than any other state.
	 
	Currently 109 federally recognized Indian tribes in California and several non-federally recognized tribes petitioned for federal recognition through the Bureau of Indian Affairs Office of Federal Recognition. 
	 
	California has 27 tribal courts, serving approximately 40 tribes.
	 
	The Judicial Council provides staff to the Tribal Court-State Court Forum, as well as education and technical assistance on the Indian Child Welfare Act, violence prevention, and tribal justice systems. 

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