1. Tribal Jurisdiction in Alaska
Tribal Management Program
Kevin Illingworth J.D.
University of Alaska Fairbanks
College of Rural and Community Development

2. What is Jurisdiction? 2. Responsibility: 1. Authority:
jurisdiction means the “authority to speak the law”, to make laws.
2. Responsibility:
with great authority comes great responsibility. 2

3. Tribal Authority
All tribal governments have authority from two separate sources:
Inherent Authority:
a recognition by the federal government that tribal authority existed prior to the formation of the US government. This is also referred to as Inherent Sovereignty.
Delegated Authority:
additional authority granted (delegated) to tribal governments by the US government. 3

4. Inherent Authority
"Perhaps the most basic principles of all Indian law supported by a host of decisions...is the principle that those powers which are lawfully vested in an Indian tribes are not, in general delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished.
What is not expressly limited [by Congress] remains within the domain of tribal sovereignty."- Felix Cohen, Handbook on Federal Indian Law 4

5. Jurisdiction Over People Jurisdiction Over Land
“The ability to make and enforce your own laws”
Jurisdiction Over People
In John v Baker (1999), the Alaska Supreme Court held that Tribes in Alaska have jurisdiction over the ‘domestic relations’ of tribal citizens (members), regardless of territorial jurisdiction.
Jurisdiction Over Land
(and anyone who enters the land)
Also called Territorial Jurisdiction or ‘Indian Country’ for tribes.
In the Venetie Tax case, the US Supreme Court held that even though Venetie Tribe owned their land in fee title, the tribal government had no jurisdiction over the land. The state of Alaska has jurisdiction over lands transferred through ANCSA.
Tribes do have territorial jurisdiction over reservation and trust land, as well as restricted allotments.

6. Inherent Authority of Alaska Tribes
Inherent Authority is the primary source of tribal authority for tribal governments to operate a justice system.
“Do Alaska Native villages have inherent, non-territorial sovereignty allowing them to resolve domestic disputes between their own members?… we hold that Alaska Native tribes, by virtue of their inherent powers as sovereign nations, do possess that authority.”
-Alaska Supreme Court in John v. Baker 6

7. The custody dispute …lies at the core of sovereignty -- a tribe's "inherent power to determine tribal membership, to regulate domestic relations among members, and to prescribe rules of inheritance for members." …
Northway Village has jurisdiction to hear this dispute because the right to determine custody of Indian children…"infringes on tribal self-governance.”
Alaska Supreme Court in John v Baker 7

8. Examples of Domestic Relations cases heard by Alaska Tribal Courts:
Adoptions
Child Custody
Child Protection
ICWA Intervention
Marriages/Divorces
Probate/Inheritance
Cultural Protections
Domestic Violence 8

9. Civil or Criminal Jurisdiction:
In general, Tribal courts in Alaska exercise civil jurisdiction and work with the State if there is a serious crime leading to incarceration.
Tribal criminal authority in Alaska is less than clear:
The Oliphant v Suquamish Tribe case decided by the US Supreme Court in 1978 determined that tribes do not have criminal jurisdiction over non-Natives.
To ensure that tribal laws apply equally to everyone, most Alaska Tribes exercise civil jurisdiction, and work with the State if there is a serious crime leading to incarceration. 9

10. Criminal Jurisdiction?
“But the powers of self-government, including the power to prescribe and enforce internal criminal laws… are not such powers as would necessarily be lost by virtue of a tribe's dependent status.”
Alaska Supreme Court in John v. Baker 1999
“powers of self-government” means and includes all governmental powers possessed by an Indian tribe, executive, legislative, and judicial, and all offices, bodies, and tribunals by and through which they are executed, including courts of Indian offenses; and means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians – Indian Civil Rights Act Amd. 2010

11. Tribal Jurisdiction: P.L. 280
“By its very text, P.L. 280 applies only in Indian Country” -Alaska Supreme Court in John v. Baker
P.L. 280 has no significant legal effect in Alaska. But P.L. 280 has had a significant impact upon Alaska tribes because Alaska Tribes have been falsely led to believe that P.L. 280 was an limit to tribal jurisdiction.
P.L. 280 is a grant of concurrent jurisdiction to the State, it does not terminate or limit any jurisdiction or power that tribes have.
The State cannot simultaneously assert that…there is no Indian Country and that PL 280 prevails Indian Law and Order Commission

12. Examples of other cases heard by Alaska Tribal Courts:
Tribal Courts exercise Powers of Self-Government by hearing civil cases protecting the Health and Welfare of the Tribe or Tribal members:
Domestic Violence
Assault/Disorderly Conduct
Juvenile Delinquency
Vandalism
Misuse of Firearm
Trespass
Drug and Alcohol Regulation 12

13. Some Types of Cases Involving Youth
Juvenile Delinquency
Vandalism
Underage Drinking
Fighting
School Problems
Bullying
Curfew 13

14. Focus on Prevention
You can step in early, when kids really need help, before they get into real trouble. 14

15. Examples of other cases heard by Alaska Tribal Courts:
Contract Disputes
Employment Disputes
Environmental Regulation
Natural Resource Regulation & Management
Fish and Wildlife Regulation/Protection 15

16. Quyana
tribal.uaf.edu