TRIBAL COURT TRAINING PROGRAM FOR JUDGES Funded by the BIA Office of Justice Services

Similar documents
Criminal Court Operations & Jury Process

February 22-24, 2009 Isleta Hotel and Convention Center TENTATIVE AGENDA. 8:00 9:00 am Continental Breakfast (Grand Ballroom A)

2014 INDIAN CHILD WELFARE ACT CONFERENCE

Domestic and Sexual Violence Resources for Henrico County Residents

Administration Division Municipal Attorney s Office Anchorage: Performance. Value. Results.

2014 INDIAN CHILD WELFARE ACT CONFERENCE

Judge Monday Tuesday Wednesday Thursday Friday Susan Clancy Boles Room 301 Room 310

February 22-24, 2009 Isleta Hotel and Convention Center TENTATIVE AGENDA. 8:00 9:00 am Continental Breakfast (Grand Ballroom A)

CTAS FY 2017: Funding Opportunities for VAWA Special Domestic Violence Criminal Jurisdiction February 1, 2017

Appendix 10: Adapting the Department of Defense MOU Templates to Local Needs

PROPOSAL FAMILY VIOLENCE COURT

STANDARDS OF PRACTICE January 2005

Agenda Practical Skills for New Prosecutors April 11 15, 2016 School of Government, Chapel Hill, NC

DISTRICT COURT. Judges (not County positions) Court Administration POS/FTE 3/3. Family Court POS/FTE 39/36.5 CASA POS/FTE 20/12.38

Administration Municipal Attorney s Office Anchorage: Performance. Value. Results.

Criminal Justice Review & Status Report

*Chapter 3 - Community Corrections

CHESTERFIELD COUNTY. Chesterfield Circuit Court

Recent Criminal Justice Reform Initiatives

The Department of Juvenile Justice shall provide services for each Superior Court youth placed in a Youth Development Campus.

Sharon Petrosino 14 Civic Center Plaza Santa Ana, CA Work: (714)

Instructions for completion and submission

CRIMINAL TEAM. Criminal Calendar San Luis Obispo. 8:30 a.m. Mon. through Fri. Arraignments, Sentencings, Pretrials/ Pre-Preliminary Hearings

Office of Criminal Justice Services

DISTRICT ATTORNEY QUEENS COUNTY QUEENS BOULEVARD KEW GARDENS, NEW YORK (718) SAMPLE FALL CLASS OF 2012 TRAINING PROGRAM

Wellness Court Policies and Procedures

PROGRAM ANNOUNCEMENT

NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION. CURRENT POPULATION PROJECTIONS FISCAL YEAR 2005/06 to FISCAL YEAR 2014/2015

WELCOME TO CLEVELAND-MARSHALL COLLEGE OF LAW! TUESDAY, AUGUST 14 WELCOME TO C M LAW

Instructions for completion and submission

FLORIDA BAR JUDICIAL CANDIDATE VOLUNTARY SELF-DISCLOSURE STATEMENT

My Family Member Has Been Arrested What Do I Do?

DISTRICT ATTORNEY QUEENS COUNTY QUEENS BOULEVARD KEW GARDENS, NEW YORK (718) Final version SAMPLE

Chapter 13: Agreements Overview

Deputy Probation Officer I/II

A Guide for Students

Overview of Recommendations to Champaign County Regarding the Criminal Justice System

Dallas Municipal Court Update. Ad Hoc Judicial Nominations Committee April 7 th, 2014

This policy provides guidelines for the use of body-worn video cameras (BWC) by members

FY2017 Appropriations for the Department of Justice Grant Programs

Human Resources and Administrative Investigations Notification of Curriculum Use April 2014*

OFFICE OF THE PUBLIC DEFENDER Matthew Foley

AGENDA. Requested Action

RELATIONS WITH LAW ENFORCEMENT AUTHORITIES AND SOCIAL SERVICE AGENCIES

Characteristics of Adults on Probation, 1995

Criminal Justice Division

2016 Community Court Grant Program

Washington State Association of Municipal Attorneys. Fall Conference October 5-7, 2011 Coeur d Alene Resort Coeur d Alene, Idaho. Preliminary Agenda

6 th Annual National Animal Cruelty Prosecution Conference Austin, TX September 14-16, 2016

PROPOSED REGULATION OF THE PEACE OFFICERS STANDARDS AND TRAINING COMMISSION. LCB File No. R September 7, 2007

ESSENTIAL JOB FUNCTIONS:

GENESEE COUNTY PUBLIC DEFENDER S OFFICE 2017 PROGRAM BUDGET

Military Justice Overview

LEGAL/CRIMINAL CONVICTIONS

The Role of Crime Victims and Advocates in Pretrial Justice Reform

UW College of Law Externships Available with Government Agencies:

Florida Board of Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling. Information Packet.

UNDER SECRETARY OF DEFENSE 4000 DEFENSE PENTAGON WASHINGTON, D.C

Cumberland County Sheriff s Office

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

Tarrant County, Texas Adult Criminal Justice Data Sheet

REVIEW OF THE ATHENS-CLARKE COUNTY OFFICE. Report to the Mayor and Commission OF PROBATION SERVICES. October Prepared by:

PRETRIAL SERVICES PROGRAM ACCREDITATION STANDARDS CHECKLIST AND GUIDELINES NATIONAL ASSOCIATION OF PRETRIAL SERVICES AGENCIES

2016 Registration Brochure LIFE IN THE BALANCE. March 10-12, 2016 JW Marriott Houston Houston, Texas

Juvenile Justice Data Madison County, Nebraska

CAUSE NO. THE STATE OF TEXAS IN THE DISTRICT COURT V. OF MONTGOMERY COUNTY, TEXAS

PTSD & Veterans Issues The Next Battle. Casualties of War. The New Veteran s Experience 7/1/2015

Felony Mental Health Court Success Through Addiction Recovery Drug Court Program Veterans Court

DIVISION E UNIFORM CODE OF MILITARY JUSTICE REFORM. This division may be cited as the Military Justice Act of TITLE LI GENERAL PROVISIONS

Hebron Police Department

Municipal Traffic Safety Initiatives Conference

SUMMARY OF THE CIRCUMSTANCES AND PURPOSES FOR WHICH YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED

STATE OF COLORADO THREE-YEAR IMPLEMENTATION PLAN 2014, 2015 AND 2016 S.T.O.P. VIOLENCE AGAINST WOMEN ACT FORMULA GRANT PROGRAM SUBMITTED: MARCH 2014

Curriculum Vitae Tim Gravette

Year End Report. Charlotte County Sheriff s Office Bureau of Detention

CITY OF SHELTON JOB POSTING JOB TITLE: POLICE OFFICER ENTRY LEVEL YEARLY WAGE: $60,190

NOTICE OF HOSPICE EL PASO S PRIVACY PRACTICES

USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION WITHOUT AUTHORIZATION

DISABILITY-RELATED INQUIRIES CONCERNING INDIVIDUALS INCARCERATED IN PRISON. Prepared by the Disability Rights Network of Pennsylvania

AMBER Alert Training and Technical Assistance Program Regional Structure

Comparison of Sexual Assault Provisions in NDAA 2014 and Related Bills

U.S. Department of Justice United States Attorney Eastern District of Arkansas

St. Louis County Public Safety Innovation Fund Report

IC Chapter 2. State Grants to Counties for Community Corrections and Charges to Participating Counties for Confined Offenders

9/15/2014. Future of Police Transparency. Attorney Eric P. Daigle

GENERAL ORDER 427 BODY WORN CAMERAS

CHAPTER 26 BODY WORN CAMERAS

CITY OF ROHNERT PARK invites applications for the position of: Public Safety Officer (Continuous Recruitment) SALARY: $4, $6,609.

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

Teacher Assessment Blueprint

Updates on the Special Victims Counsel/Victims Legal Counsel Program 10:30 a.m. 12:00 p.m.

APPA 2019 WINTER TRAINING INSTITUTE CALL FOR PRESENTERS

Jacksonville Sheriff s Office

Prisoner Reentry and Adult Education. With our time together, we propose

Judicial Proceedings Panel 14 November 2014 Speaker Biographies

2 nd Circuit Court- District Division- Plymouth PARTICIPANT HANDBOOK 5/11/16

Development of Houston Veterans Court

(This document reflects all provisions in effect on October 1, 2017)

Washoe County Department of Alternative Sentencing

CITY OF SOLANA BEACH. Senior Code Compliance Officer

Transcription:

University of New Mexico School of Law s Southwest Indian Law Clinic and Institute of Public Law in collaboration with the American Indian Law Center, Inc. TRIBAL COURT TRAINING PROGRAM FOR JUDGES Funded by the BIA Office of Justice Services Agenda (Draft) March 15 18, 2011 Bureau of Indian Affairs, National Indian Program Training Center 1011 Indian School Rd. NW, Albuquerque, NM 87104 This course has been approved by the New Mexico Minimum Continuing Legal Education Board for 22.4 hours of general credit and 2 hours of ethics credit. Day One (New Judges), Tuesday, March 15, 2011: 8:00 a.m. 8:10 a.m. Welcome Helen Padilla, Esq., Director, American Indian Law Center, Inc. 8:10 a.m. 9:10 a.m. Unit 1: Background of Tribal s Cheryl Fairbanks, Partner, and Matt Campbell, Associate, Cuddy & McCarthy, LLP Indigenous justice systems Federal policy in the development of Tribal s Tribal Law Models 9:10 a.m. 9:20 a.m. Break 9:20 a.m. 10:00 a.m. Unit 2: Jurisdiction Kelly Huddleston, Contract Attorney, Cuddy & McCarthy, LLP and Professor Barbara Creel, University of New Mexico School of Law Civil Criminal 10:00 a.m. 10:10 a.m. Break 10:10 a.m. 11:10 a.m. Unit 3: Overview of the criminal justice system Cynthia Aragon Partner, Aragon & Soto Hall, LLC

Roles (flow chart provided) Judicial powers Juvenile delinquency cases 11:10 a.m. 11:20 a.m. Break 11:20 a.m. 12:20 p.m. Unit 4: Introduction to the Indian Civil Rights Act and the Major Crimes Act Dean Kevin Washburn, University of New Mexico School of Law 12:20 p.m. 1:50 p.m. Lunch on your own 1:50 p.m. 2:50 p.m. Unit 5: Introduction to Ethics Paul Biderman, Director, Institute of Public Law and Judge James Wechsler, New Mexico of Appeals 5:30 p.m. 7:00 p.m. Reception (light refreshments), Indian Pueblo Cultural Center, Pottery Room Day Two (New Judges and Experienced Judges) Wednesday, March 16, 2011: 8:00 a.m. 8:10 a.m. Welcome and Announcements Helen Padilla, Esq. Director, American Indian Law Center, Inc. and Dean Kevin Washburn, University of New Mexico School of Law 8:10 a.m. 9:25 a.m. Unit 1: Background of Tribal s Part A: Indigenous justice systems and internal law and process Cynthia Aragon, Partner, Aragon & Soto Hall, LLC No written law Tribal custom and tradition as law Code development and maintenance Non-binding federal and state authority 9:25 a.m. 9:35 a.m. Break 9:35 a.m. 10:35 a.m. Part B: Federal policy in the development of Tribal s including the Tribal Law and Order Act of 2010 Cynthia Aragon, Partner, Aragon & Soto Hall, LLC and Dean Kevin Washburn, University of New Mexico School of Law 10:35 a.m. 10:50 a.m. Comment period 10:50 a.m. 11:00 a.m. Break 11:00 a.m. 12:15 p.m. Part C: Jurisdiction Professor Barbara Creel, University of New Mexico School of Law and Judge William Zuger, Standing Rock Sioux Tribal Territorial 2

12:15 p.m. 1:15 p.m. Lunch provided Personal Subject matter and victims (civil and criminal) Public Law 280 Full faith and credit and comity Coordination with state courts and state agencies 1:15 p.m. 2:15 p.m. Part D: Separation of powers Professor Gloria Valencia Weber, University of New Mexico School of Law and Judge Robert Medina, Pueblo of Isleta Tribal and Pueblo of Zia Tribal Autonomy Independent Bi-furcated court systems Separation of church and state versus theocracy Tribal contempt powers (civil and criminal); tribal member versus non-tribal member 2:15 p.m. 2:30 p.m. Comment period 2:30 p.m. 2:40 p.m. Break 2:40 p.m. 3:40 p.m. Unit 2: Domestic Violence and Sexual Assault Carrie Martell, Attorney, Rosalie Chavez, Managing Attorney, Native American Program for New Mexico Legal Aid, and Special Agent Carleen Fischer, Bureau of Indian Affairs, Office of Justice Services- Northern Pueblo Agency Office The problem Investigation Victims 3:40 p.m. 3:50 p.m. Break 3:50 p.m. 4:20 p.m. Unit 2: Domestic Violence and Sexual Assault continued Day Three (New Judges and Experienced Judges) Thursday, March 17, 2011: 8:00 a.m. 9:30 a.m. Unit 3: Criminal case process Adult Part A: Randall Van Vleck, General Counsel, New Mexico Municipal League and Judge Anthony Little, Ak-Chin Tribal Charging document: criminal complaint or citation Arrest without a warrant establishing probable cause Arrest warrant versus summons Subpoena versus summons 9:30 a.m. 9:40 a.m. Break 9:40 a.m. 11:10 a.m. Part B: Randall Van Vleck, General Counsel, New Mexico Municipal 3

League and Judge Melvin Stoof, Pascua Yaqui Tribal Initial appearance and bonding Juveniles Arraignment Preview of Indian Civil Rights Act (ICRA) Bail as part of release including prior history Scheduling and pre-trial hearings 11:10 a.m. 11:20 p.m. Break 11:20 a.m. 12:50 p.m. Part C: Randall Van Vleck, General Counsel, New Mexico Municipal League and Judge William Zuger, Standing Rock Sioux Tribal Detention and release Contempt of court and issuance of bench warrant for failure to comply with release conditions (factors to consider - fines or detention or both) Negotiation and plea bargaining Victims 12:50 p.m. 1:50 p.m. Lunch 1:50 p.m. 3:50 p.m. Part D: Randall Van Vleck, General Counsel, New Mexico Municipal League and Judge Anthony Little, Ak-Chin Tribal Pre-trial motion hearings with mocks Bench trial with mock scenarios (handling adversarial defendants and witnesses, use of side bars, use of in chamber conferences, use of in camera inspections and interviews, and use of authority to seal and issue gag orders) Evidentiary rulings with various mock evidentiary rulings Interlocutory appeals Sentencing, suspended sentence, and alternatives - Traditional courts (incarceration discussion on whether or not to incarcerate and if so, where?) - Alternatives to include family courts, drug courts, juvenile courts and looking at a model from metro courts regarding juveniles Probation violations and probation revocations Appeal 3:50 p.m. 4:00 p.m. Break 4:00 p.m. 4:45 p.m. Unit 4: Ethics with reference to criminal case mock scenarios Paul Biderman, Director, Institute of Public Law, Judge James Wechsler, New Mexico of Appeals, and Judge Robert 4

4:45 p.m. 5:00 p.m. Comment period Medina, Pueblo of Isleta Tribal and Pueblo of Zia Tribal Day Four (New Judges and Experienced Judges) Friday, March 18, 2011: 8:00 a.m. 8:10 a.m. Announcements 8:10 a.m. 9:25 a.m. Unit 5: Indian Civil Rights Act (ICRA) and the Major Crimes Act Professor Barbara Creel, University of New Mexico School of Law Refer to the criminal case process and when ICRA and the criminal case process intersects Preserve evidentiary scenes Successive federal prosecutions 9:25 a.m. 9:40 a.m. Comment period 9:40 a.m. 9:50 a.m. Break 9:50 a.m. 10:50 a.m. Unit 6: Juvenile delinquency cases Judge Anthony Little, Ak-Chin Tribal 10:50 a.m. 11:00 a.m. Break 11:00 a.m. 12:00 p.m. Unit 7: Habeas Corpus Professor Barbara Creel, University of New Mexico School of Law 12:00 p.m. 1:30 p.m. Lunch on your own 1:30 p.m. 2:00 p.m. Unit 8: Indigenous justice systems and application of custom and tradition in an adversarial court model Cynthia Aragon, Partner, Aragon & Soto Hall, LLC 2:00 p.m. 2:45 p.m. Unit 9: A Tribal perspective on the Tribal Law and Order Act of 2010 as it pertains to Tribal s Casey Douma, General Counsel, Pueblo of Laguna Tribal protective 2:45 p.m. 2:55 p.m. Break 2:55 p.m. 3:55 p.m. Unit 10: Practical aspects of court operations Judge William Zuger, Standing Rock Sioux Tribal Overview of the court administrative system room etiquette 3:55 p.m. 4:10 p.m. Final Announcements and Closing 5