RESTORATIVE JUSTICE
TRIBAL COURT
CONFEDERATED TRIBES OF THE COOS,
LOWER UMPQUA AND SIUSLAW INDIANS
INTRODUCTION
• Confederated Tribes of the Coos, Lower Umpqua and
Siuslaw Indians
• Territories & access rights; winter and seasonal villages
• Land and culture (group resources; kinship)
• Federal Indian Law (inherent authority v. plenary power)
• Continuing use of racist language and imagery in modern
court cases
• Growing acceptance of tribal governmental authority
• International influence, e.g. UNDRIP
THE TRIBES & 5 COUNTIES
• Siuslaw
• Lower
Umpqua
• Hanis Coos
• Miluk Coos
Coos, Curry, Douglas, Lincoln
and Lane Counties
A BRIEF HISTORY
• 1855 Treaty (1.6 million acres ceded; not ratified)
• 1856-1860 forced relocation (Yachats)
• 15+ year imprisonment; over 50% died
• 1916-17 formal tribal government established
• 1924 Indian Citizenship Act
• 1938 Court of Claims & 1952 Indian Claims Comm’n Decision
• 1941 start of small reservation
• 1954 termination act
• 1984 recognition act
• Continuing efforts to regain lands
TRIBAL COURT
TRIBAL COURT
• Constitutional Court – 1987
• 1st Tribal Court statute – 2001
• Tribal Police established – 2002
• Peacegiving Court established – 2005
• Court of Appeals – 2011
Oregon concurrent
criminal jurisdiction under
P.L. 280
GROWING SCOPE
• http://ctclusi.org/tribal-code
• Civil procedures and judicial ethics
• civil rights and tort claims
• Juveniles, adult violations, domestic violence
• Commercial codes, e.g., UCC, taxes, LLCs
• Employment and workers compensation
• Landlord/Tenant and building codes
• Elections and citizenship (enrollment)
• Cultural and natural resources
• Gaming and liquor
CULTURE, COURTS & RESTORATIVE JUSTICE
• Incorporating Tribal values in a modern tribal court
• Statutes
• Court conduct and processes
• Peacegiving Court
• grounded in tribal traditions of peace and healing
• Voluntary, all parties, victim and offender help determine outcomes
• Healing path or co-judging for sentencing by court
• Initiated by formal charges or informal requests
PEACEGIVING COURT
The idea of mutual giving speaks for the Northwest. I like “Peacegiving”
because you can’t make peace, you can only offer it.
Coquille Indian Tribal Elder/Peacegiver – Tom Younkers
PEACEGIVING WORKS
- All parties – victim,
offender, community
- Collaboration and
consensus
- Accountability and
respect
- Making amends
- Implications for the
future (strengthen kinship
and community ties)
PEACEGIVERS
• Persons with reputations of
honesty, integrity, and
humanity
• Have acted to help resolve
community problems in ways
that honor tribal values
• Passes background
investigation
• Trained in Peacegiving and
conflict resolution
• Maintains confidentiality
SWEARING-IN OF FIRST
PEACEGIVERS
INTRODUCTION TO PEACEGIVING
CASE INTAKE
• Citations filed in Tribal Court
by Tribal Police
• State and Federal Court
matters
• Stayed or dismissed without
prejudice in state or federal court
for prosecution by Tribal Court
• Voluntary Request
• Parties to a dispute consent to
Peacegiving
PEACEGIVING BEGINS
PROCESS
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Explanation of Peacegiving & establishing expectations
Opening ceremony
Preparation circles – begin building trust/relationships
Peacegiving Circle – no attorneys, recording, time limit
Seeking peace – everyone talks, respect the speaker and
the silences, tough on issues but gentle on person,
apology, foregiveness, community goals
Periodic status hearings throughout process
Completed plans are brought back to Tribal Court
Recommendation to close case
Closing Ceremony - confidentiality
UNIQUE ASPECTS
• Process, not event oriented; to restore dignity, worth
• Flexible, allows expression of Tribal values
• Role of Peacegivers as keepers – restoring relationships
• Different kinds of circles
• Healing & talking (therapeutic, on-going support)
• Problem solving (root causes, prevention)
• Restoration (sentencing, diversion, probation)
• Private or public
PEACEGIVING PLANS MAY
INCLUDE
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Peacegiving Circles
Mentoring by Tribal Elders
Drug Assessment and Treatment
Educational Support and Guidance
Cultural Education and Activities
Restitution
Community service
Any positive activity that promotes peace and healing
in the community
THE OUTCOME
ISSUES WITH PEACEGIVING
• Training Peacegivers adequately to
recognize what kinds of assistance
are needed to:
• Ensure that the circle(s) do not
reinforce a cycle of power and
domination in interpersonal
violence
• Identify mental health issues
that impact circle process
• Identify alcohol and drug
related behaviors
COORDINATION WITH FEDERAL & STATE
COURTS, AGENCIES, & SCHOOLS
• Juvenile stays and transfers
• Probation/Parole
• Child welfare cases
• Teens aging out of foster care
• Natural and cultural resources
• Prevention as well as intervention
• Education & bullying
• Housing evictions
FUTURE EFFORTS
• Institutionalizing arrangements with others
• Outreach & education
• Full faith and credit issues
• Benchbooks & Protocols
• Cooperative agreements
• Joint grants & pilots
• Statutory solutions
FOR MORE INFORMATION
• Court Clerk, Diane Whitson, 541.888.1306
• Court Clerk, Caroline Barr, 541.888.1316
• Chief Judge, J.D. Williams, 503.295.1020
• Website and Referral Forms:
http://ctclusi.org/peacegiving