BJS: Bureau of Justice Statistics
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Tribal courts
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Passage of the Indian Reorganization Act in 1934 encouraged tribes to enact their own laws and establish their own modern tribal courts. Modern tribal courts are under tribal control, and are directly oriented to the needs of tribal members. Some tribes have developed a hybrid or blended judicial system, incorporating the dispute resolution elements of indigenous or Code of Federal Regulations (CFR) courts and a more modern focus to ensure due process. In 2002, about 60% (188) of all the tribes had some form of a tribal justice system.
The court systems operating in Indian country vary by tribe. The Indian country judicial system revolves around a core of four legal institutions—Court of Indian Offenses (CFR courts), tribal courts of appeal, tribal courts of general jurisdiction, and indigenous forums.
Summary findings
Over 92% (314) of the 341 federally recognized American Indian tribes in the lower 48 states participated in the BJS Census of Tribal Justice Agencies, 2002. Highlights from the report include:
- An estimated 59% (188) of the 314 tribes had some form of judicial system
- Eighty four percent of the tribal justice systems operating in Indian Country handled misdemeanor cases
- 175 tribes had a formal tribal court. Of these:
- About 174 had a separate, general jurisdiction tribal court;
- 91 had an appellate court;
- 80 had a juvenile court;
- 51 had a family court, and
- Over 60% (112) provided victim services.
| Data Collections & Surveys | |
- Census of Tribal Justice Agencies in American Indian and Alaska Native Tribal Jurisdictions (CTJA02)
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