NSTCS Attachments

NSTCS Attachments with TOC.pdf

2014 National Survey of Tribal Court Systems (NSTCS)

NSTCS Attachments

OMB: 1121-0350

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Table of Contents – Statement B Attachments
1.

National Survey of Tribal Court Systems – Lower 48 Survey Instrument ........................................... 1

National Survey of Tribal Court Systems – Alaska Survey Instrument ............................................. 18

National Survey of Tribal Court Systems – Code of Federal Regulations Court (CFR Court)
Survey Instrument ............................................................................................................................... 30

Expert Panel List & Meeting Agenda ................................................................................................. 42

Tribal Court Judges Panel List & Meeting Agenda ............................................................................ 45

Dear Tribal Leader Letter ................................................................................................................... 48

Contact Verification Form .................................................................................................................. 50

Letter to Tribal Courts ........................................................................................................................ 51

Screen Shot of Website ....................................................................................................................... 52

10. NSTCS-14 Flyer ................................................................................................................................. 53
11. Follow-up Verification Email ............................................................................................................. 54
12. Pre-notification Letter and Email ....................................................................................................... 55
13. Survey Preview Brochures.................................................................................................................. 56
14. Announcement Letter and Email ........................................................................................................ 62
15. Tribal Law and Policy Institute Letter of Support .............................................................................. 63
16. American Probation and Parole Association Letter of Support .......................................................... 64
17. Bristol Bay Native Association Letter of Support .............................................................................. 65
18. 1st Follow-up Script ............................................................................................................................ 66
19. 2nd Mailing Letter and Email ............................................................................................................... 68
20. 3rd Follow-up Letter and Email ........................................................................................................... 69
21. Telephone Retrieval and Voicemail Script ......................................................................................... 70
22. Email to Field Test Participants .......................................................................................................... 72
23. 2014 NSTCS-14 Field Test Summary Report .................................................................................... 74

TURN TO

1
Form NSTCS-14L48

OMB No. XXXX-XXXX: Approval expires XX/XX/XXXX

RETURN TO

Kauffman and Associates
PO Box 15179
Washington, DC 20003-9998

U.S. Department of Justice
Bureau of Justice Statistics
2014 National Survey of Tribal Court Systems:
Lower 48 Tribal Courts

INFORMATION SUPPLIED BY
TRIBAL COURT NAME
NAME
TELEPHONE

TITLE
Area Code

Number

Extension

FAX

Area Code

Number

EMAIL ADDRESS
OFFICIAL TRIBE NAME FOR REPORTED DATA

The information collected in this survey is vitally important for understanding the administrative and
operational needs of your tribal court individually, but also helps in the planning for tribal justice systems across
Indian Country.

DIRECTIONS
• Please review this survey in its entirety before completion, as several sections will require gathering
administrative information from various components within the tribal justice system.
• Please consult with justice system, law enforcement, and finance department representatives as necessary to
obtain information to complete the survey in its entirety.
• INTERTRIBAL COURTS PLEASE NOTE: Fill out a separate survey for each tribe that participates in the intertribal court or ensure that each participating tribe fills out its own survey.
• Your tribe’s responses will not identify you individually. We ask for your name and contact information above in
case any of the survey items need clarification.

UPON COMPLETION OF THE SURVEY
You may complete and submit your survey using any one of the following three options:
• Mail: NSTCS, c/o Kauffman & Associates, Inc, PO Box 15179, Washington, DC 20003-9998
• Fax: 301-588-6801
• Email: [email protected]
If you have questions or need assistance, you may call toll free and leave a message at 1-877-528-4025 or send an
email message to [email protected]. A member of our survey administration team will respond promptly.
Thank you for your cooperation in this important data collection effort. Your responses are critically important to
the success of this survey.
The Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 USC 3732), authorizes this information collection. This request for
information is in accordance with the clearance requirement of the Paperwork Reduction Act of 1908, as amended (44 USC 3507). The burden
of this data collection is estimated to average 2.1 hours per response, including time to review instructions, gather the information needed,
and enter and review the information. Send comments regarding this burden estimate, or any other aspect of this data collection, including
suggestions on how to reduce this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street, N.W., Washington, D.C. 20531. Do
NOT send your completed survey to this address.

 e. City: (Provide name of agency or agencies)

Section A: Tribal Justice Systems

This section gathers information on the various
components of your tribal justice system, including law
enforcement, the court, and corrections. Complete this
section even if your tribe does not operate its own tribal
court or does not participate in a consortium.

A.4 Is your tribe subject to Public Law 280 jurisdiction held
by the state (either mandatory or optional)?

A.1 What was the total number of your enrolled tribal
members during 2014 (including members living
both on and off the reservation with official tribal
membership)?

 a. Yes
 b. No
A.5 Which type(s) of tribal court system operates in your
tribal jurisdiction? (Select all that apply.)

 Check here if this is an estimate.

 a. The tribe does not operate a tribal court

A.2 What was the total resident population (including
members, nonmember Indians1 and non-Indians) on
your reservation, tribal land, or village during 2014?

 b. Indigenous or traditional court (for example:
peacemaking, elder panel, circle sentencing)
 c. Formal tribal court (a hearing presided over by a
judge or magistrate)

 Check here if this is an estimate.

 d. Tribal council serving as the judiciary

A.3 Which law enforcement agencies provide a policing
or criminal investigative function on your reservation,
tribal land, tribal community, or village? (Select all that
apply.)

 e. Intertribal court system: (Provide the name of all
the individual tribes included in this system)

 a. Tribal: (Provide name of agency or agencies)

 f. Joint jurisdiction court (tribal-state court)2:
(Provide name of court)

 b. Bureau of Indian Affairs (BIA): (Provide name of
agency or agencies)

 g. Bureau of Indian Affairs (BIA)/Court of Federal
Regulation or Court of Indian Offenses (CFR)

 h. Other: (Please describe)

 c. Federal Law Enforcement other than BIA: (Provide
name of agency or agencies)

2A joint-power agreement between tribal and state governments
whereby both entities work collaboratively toward shared goals of
improving access to justice, fostering public trust and increasing
accountability.

 d. State/county (including County Sheriff or State
Troopers): (Provide name of agency or agencies)

1”Nonmember Indian” describes an individual who is a member of a tribe
other than the specific tribe completing this survey.

d. Other: (Please describe)

A.6 Does your tribe operate an indigenous traditional
justice system, either independent of or as part of its
tribal court system? (Select all that apply.)

a. An indigenous or traditional justice system is not
operated by (or on behalf of ) the tribe.

Items B3–B4 pertain to civil matters3 only.

b. Peacemaking

B.3 Does your tribal court exercise civil jurisdiction?

c. Elder panel

a. Yes

d. Circle sentencing

b. No (GO TO ITEM B5)
B.4 How many civil cases were filed in your tribal court in
calendar year 2014?

e. Other traditional justice system: (Please describe)

a. Traffic cases:

 Do not track these case numbers

b. Non-traffic cases:

NOTE: If your tribe does not operate a tribal court or
participate in an inter-tribal court system STOP HERE. DO
NOT complete the rest of the survey. Please follow the
directions on the cover page to return completed portions
of the survey. Thank you for your participation.

 Do not track these case numbers
Items B5–B9 pertain to criminal matters4 only.
B.5 Does your tribal court currently exercise criminal
jurisdiction?
a. Yes

Section B: Tribal Court Administration

b. No (GO TO ITEM B15)

The term “tribal court” or “tribal court system” is used to
denote or refer to the type of justice institution operated
by your tribe. The remaining sections of this survey apply to
your tribal court system.

B.6 Over what type(s) of defendant does your tribal court
exercise criminal jurisdiction? (Select all that apply.)
a. Tribal members

DIRECTIONS: For survey items requesting case count
information, please provide the total number of cases filed
by your tribal court during the calendar year 2014. Use the
following definition to determine case numbers:

b. Nonmember Indians
c. Non-Indians (defendant consenting to tribal
jurisdiction or DOJ-approved Pilot Project Tribe)5
B.7 What was the total number of criminal cases filed in
your tribal court in calendar year 2014?

A filed case is a set of all charges against a single
defendant filed with the court on a single day. A case with
three defendants should be counted as three cases, but a
case with one defendant with multiple charges should be
counted as one case.

 Do not track these case numbers
B.8 How many of these criminal cases filed in your
tribal court in calendar year 2014 involved a nonIndian defendant (defendant consenting to tribal
jurisdiction or DOJ-approved Pilot Project Tribe)?

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.
If the case count is none, enter “0” as your answer.
If you do not track this information, please check the “Do
not track these case numbers” checkbox.

 Do not track these case numbers

B.1 How long (in years) has your tribal court been
operational?

3Civil matters are noncriminal matters—such as contract disputes or
damages for destruction of personal property—involving individuals or
organizations. It is brought to enforce a right or redress.

Number of years:

4Criminal matters have to do with the law of crimes and illegal conduct. A
criminal action is the procedure by which a person is accused of a crime, is
brought to trial, and given punishment.

B.2 Under what authority was your tribal court created?
(Select all that apply.)

5DOJ Pilot Project Tribes are those tribes designated by the Department
of Justice approval to exercise VAWA’s special domestic violence criminal
jurisdiction as a pilot project tribe as set forth in Section 908 of VAWA
2013 Reauthorization (Public Law 113-4) prior to the March 7, 2015
general applicability date.

a. Inherent sovereign authority
b. Specifically authorized in the tribal constitution
c. Created by tribal statute, resolution, or ordinance
3

B.9 During 2014, excluding juveniles, what was the total
number of defendants sentenced to the following?
(Write “N/A” for your answer if this does not apply.)

B.15 What are the various mechanisms by which tribal
laws and codes are made available to the public?
(Select all that apply.)

a. Jail or prison terms

a. Tribal laws and codes are not made available to
the public.

b. Probation without jail or
prison terms

b. Paper copies are available in the tribal office,
library, or other location.

B.10 How many convictions for DUI/DWI offenses were
issued by your tribal court in calendar year 2014?
(If your justice system does not handle DUI/DWI
offenses. (Write “N/A” for your answer.)

c. Electronic versions are provided in a passwordprotected file.
d. Electronic copies can be downloaded from the
tribal website.

DUI/DWI Offenses:
B.11 What are the available sanctions issued by the tribal
court for DUI/DWI convictions? (Select all that apply.)

e. Electronic copies can be downloaded from a
host site (for example: NARF, VERSUS, or the
Tribal Court Clearinghouse).

a. Revoke driving privileges on the reservation
only

f. Electronic copies are available on commercial
websites (for example: Westlaw).

b. Suspension of driving privileges in the entire
state, including reservation

g. Other: (Please describe)

c. Counseling

d. Fines

e. Jail

B.16 Has your tribe established or does it have formalized
plans to establish a tribal bar association?

f. Other: (Please describe)

a. Yes, the tribe has a tribal bar association

b. Yes, the tribe has formal plans to establish a
tribal bar association

B.12 Does your tribal court share DUI/DWI conviction
information with state administering agencies (for
example: the Motor Vehicle Authority, DMV, etc.)?

c. No, the tribe has no plans to establish a tribal bar
association
Items B17–B23 pertain to juries only.

a. Yes

B.17 Does your tribal court provide defendants the right to
a trial by jury?

b. No
B.13 Which of the following does your tribal court
recognize as acceptable evidence to determine Blood
Alcohol Content (BAC)? (Select all that apply)

a. Yes
b. No (GO TO SECTION C)
B.18 What are the qualifications for jury service? (Select all
that apply.)

a. Breathalyzer
b. Blood tests

a. Tribal member

c. Standardized Field Sobriety Test (SFST)

b. Language requirement (for example: fluency in
English or tribal language)

d. Implied Consent
e. Other (Please describe)

c. No felony convictions

d. Residency requirement (for example: must live
on reservation)

e. Minimum age: (Please specify)

B.14 In 2014, did your tribal court permit the use of any
DNA evidence during a criminal proceeding?

f. Maximum age: (Please specify)

a. Yes

g. Other: (Please describe)

b. No

B.19 What is the standard number of jurors used by your
tribal court? (If jurors are not used for the type of trial
listed, write “N/A” for your answer.)

C.1 Does your justice system have a court of appeals,
participate in an inter-tribal appellate court, or
otherwise have an appellate process?
a. Yes (Please provide the official name of the highest
court of appeals. For example: Indian Court of
Appeals)

a. In criminal trials:
b. In civil trials:
B.20 Does your jury pool for criminal proceedings include
nonmember Indians?

a. Yes

b. No

b. No (GO TO SECTION D)

c. Not applicable

C.2 How many individual judges hear each appellate court
case? (If your tribal court does not use an appellate
court, enter “N/A.” NOTE: If more than one level of
appellate court is in operation, respond for the court of
last resort only.)

B.21 Does your jury pool for criminal proceedings include
non-Indians?
a. Yes
b. No

Check if court of last resort.

c. Not applicable

C.3 Does your tribal council or chief executive have the
authority to review and overturn decisions made by
your tribal court?

B.22 Does your jury pool for civil proceedings include
nonmember Indians?
a. Yes

a. Yes

b. No

c. Not applicable

C.4 How many appellate cases were filed in your tribal
court in the calendar year 2014?

B.23 Does your jury pool for civil proceedings include nonIndians?

a. Criminal

a. Yes

 Do not track these case numbers

b. No

b. Civil

c. Not applicable

 Do not track these case numbers

Section C. Appellate System

Section D: Tribal Court System Operations

D.1 How often does your tribal court hold sessions or hear
cases?
a. Daily

b. Once a week
c. More than once a week
d. Once a month

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.

e. More than once a month

If the case count is none, enter “0” as your answer.

If you do not track this information, please check the “Do
not track these case numbers” checkbox.

f. Other: (Please describe)

D.2 Please indicate whether your tribal court budget is on
a fiscal or calendar year cycle.

D.5 Were any of the following positions and services
funded totally or in part by your tribal court’s
operating budget in 2014?

a. Tribal fiscal year. (Please enter the start and end
dates of the 2014 fiscal year.)

Core court positions and services
a. Judges (law school graduate)
b. Judges (non-law school graduate)
c. Prosecution/prosecutor (law school graduate)
d. Prosecution/prosecutor (non-law school
graduate)
e. Indigent defense services/public defender
(law school graduate)
f. Indigent defense services/public defender
(non-law school graduate)
g. Administration/court clerks
h. Bailiffs
i. Probation/parole
j. Law clerks
k. Court staff attorney
l. ICWA worker (child welfare)*
m. Juvenile services
n. Mental health treatment
o. Alcohol and drug treatment

mm dd yyyy mm dd yyyy
b. Calendar year
D.3 During 2014, what was the operational budget of
your tribal court for adjudication functions, excluding
capital outlays for construction?6 (If you are unable to
provide the actual number please provide your best
estimate.)
$
D.4 Did any of the following sources funding for your tribal
court operations during 2014?
Source
a. Tribal appropriations
b. Self-Governance Compact
c. Public Law 93-638 Contract
d. Other BIA funding
e. Coordinated Tribal Assistance Solicitation
(CTAS) funding from the U.S. Department
of Justice (DOJ)
f. DOJ grants, other than CTAS funding
g. Substance Abuse and Mental Health
Services Administration (SAMHSA)
h. Other federal funding
i. State funding
j. Private foundations
k. Fines and other court costs
l. Other grant funding: (Please describe)

m. Other: (Please describe)

Yes





No















p. Electronic monitoring program
q. Victim services/victim assistance services
r. Alternative to incarceration programming
and/or staff

Yes




No



















*The Indian Child Welfare Act, 25 U.S.C. § 1902.

D.6 Which qualifications are required in order to serve as a
trial or appellate court judge? (Select all that apply.)

a. Tribal member
b. Age minimum or maximum
c. Proficiency in native language
d. No felony conviction
e. Residency requirement
f. Accredited law school graduate
g. Member of state bar/
licensed to practice law by
state
h. Member of tribal bar/
licensed to practice law by
tribe
i. Admitted to practice in federal
court
j. No requirements for position



6Operating expenditures or budgets are defined as all recurring fixed and
variable costs associated with the management and administration of
your system. It does not include non-recurring fixed capital costs such as
building construction and major equipment purchases.

Trial
judges







Appellate court
judges (including
supreme court
judges)









D.7 How many of the following types of personnel were
employed in your tribal court in calendar year 2014?

D.9 How long, in years, is the term of office for each of the
following justice system personnel?

NOTE: “Part-time” refers to any employee who works fewer
than 40 hours per week and includes job sharing. If you are
unable to provide the actual number, provide your best
estimate. If none, enter “0.” If a particular position does not
exist in your court, enter “N/A.”

NOTE: If the position is a lifetime appointment, write “L” as
your answer. If the position is served at the pleasure of tribal
leadership/council, write “P” as your answer. If your tribal court
does not utilize the position, write “N/A” as your answer.
Length of
term (in years)

Number of court
employees or
consultants

Staff position
a. Trial judge (law school graduate)
b. Trial judge (non-law school
graduate)
c. Apellate court judge (law school
graduate)
d. Apellate court judge (non-law
school graduate)
e. Parole or probation officer
f. Pretrial services staff
g. Community resources specialist
h. Court administrator
i. Court clerk
j. Court reporter
k. Staff attorney (does not include
prosecutor or public defender)
l. Law clerk
m. Tribal elder/peacemaker/other
traditional forum staff
n. Support staff
o. Other: (Please describe)

Fulltime
paid

Parttime
paid

a. Chief trial court judge
b. Trial court judge
c. Appellate court judge
d. Supreme court (tribal court of last resort)
justice

Volunteer/
unpaid
appointee

D.10 Does your tribal court currently have a victim service
program?
a. Yes
b. No (GO TO ITEM D12)
D.11 During 2014, did your tribal court receive federal and/or
state funding for victim services or programs? (Select all
that apply.)
a. Federal
b. State
c. No outside funding was received.
D.12 Does your tribal court rely on county or local
government social service agencies for court-ordered
treatment in juvenile and/or family cases?
a. Yes
b. No

Section E: Tribal Prosecution

p. TOTAL NUMBER OF EMPLOYEES

E.1 Does your tribal court currently have a tribal prosecutor
or prosecutor’s office?

D.8 How are the following justice system personnel
selected for these positions? (Select all that apply.)

Staff position
a. Trial judge
b. Appellate
court judge
c. Court
administrator
d. Clerk of the
court

Appointed Elected



Hired
under
contract


Hired as
a tribal
employee




a. Yes
b. No (GO TO ITEM E5)

E.2 Which qualifications are required in order to serve as a
chief or assistant prosecutor? (Select all that apply.)

a. Tribal member
b. Age minimum or maximum
c. Proficiency in native language
d. No felony conviction
e. Residency requirement
f. Accredited law school graduate
g. Member of state bar/
licensed to practice law by state
h. Member of tribal bar/
licensed to practice law by tribe
i. Admitted to practice in federal
court
j. No requirements for position

Chief
prosecutor







Assistant
prosecutor









Section F: Public Defense and Civil Legal
Services
F.1 Does your justice system currently have a tribal public
defender or defense office?
a. Yes
b. No (GO TO ITEM F5)
F.2 How many public defenders were employed in your
tribal court in calendar year 2014?
NOTE: “Part-time” refers to any employee who
works fewer than 40 hours per week and includes
job sharing. If you are unable to provide the actual
number, provide your best estimate. If none, enter “0.”
If a particular position does not exist in your court,
enter “N/A.”
Volunteer/
Full-time Part-time unpaid
appointee

E.3 How are the following prosecutor’s office personnel
selected for these positions? (Select all that apply.)

Appointed
a. Chief
prosecutor
b. Assistant
prosecutor

Hired
under
Elected contract

a. Public defenders (law
school graduate)
b. Public defenders (non-law
school graduate)
c. TOTAL NUMBER OF PUBLIC
DEFENDERS

Hired
as tribal
employee



F.3 Which qualifications are required in order to serve
in the following tribal court positions? (Select all that
apply.)

E.4 How many prosecutors were employed in your tribal
court in calendar year 2014?

Chief
Assistant
public
public
Lay
defender defender advocate
a. Tribal member



b. Age minimum or maximum



c. Proficiency in native



language
d. No felony conviction



e. Residency requirement



f. Accredited law school



graduate
g. Member of state bar/
licensed to practice law



by state
h. Member of tribal bar/
licensed to practice law



by tribe
i. Admitted to practice in



federal court
j. No requirements for



position

NOTE: “Part-time” refers to any employee who works
fewer than 40 hours per week and includes job sharing.
If you are unable to provide the actual number, provide
your best estimate. If none, enter “0.” If a particular
position does not exist in your court, enter “N/A.”
Full-time

Volunteer/
Part-time unpaid
appointee

a. Prosecutors (law school
graduate)
b. Prosecutors (non-law
school graduate)
c. TOTAL NUMBER OF
PROSECUTORS

E.5 Does your tribe have a contract with a local or private
attorney to provide prosecution services?
a. Yes
b. No

F.4 How are the following public defense office personnel
selected for these positions? (Select all that apply.)
Hired
Under
Appointed Elected Contract
a. Chief public
defender
b. Assistant public
defender

F.9 Does your tribe provide access to free civil legal
services for a tribal court appearance?
a. Yes

Hired as
a Tribal
Employee



b. No (GO TO SECTION G)
F.10 Are free civil legal services criteria based on income
scal and ability to pay?
a. Yes
b. No

F.5 Does your tribe have a contract with a local or private
attorney to provide public defense or indigent
services?

F.11 Who delivers your tribe’s free civil legal services?
(Select all that apply.)

a. Yes

a. Tribal public defender program (fixed staff )

b. No

b. Assigned defender (appointed from a list of
private bar members who accept cases on a
judge-by-judge basis, court-by-court basis, or
case-by-case basis)

F.6 To whom does your tribe provide free criminal defense
services? (Select all that apply.)
a. Tribe does not provide free criminal defense
services. (GO TO ITEM F9)

c. Contract counsel (nonsalaried private bar
members who contract with the tribal court to
provide court appointed representation in a
jurisdiction)

b. Tribal members
c. Nonmember Indians

d. A neighboring tribal-legal services program

d. Non-Indians

e. A non-profit legal services program, including
Indian Legal Services

e. Other: (Please describe)

f. A private law firm or office pro bono program

g. Other: (Please describe)

F.7 Are free criminal defense services based on income
scale and ability to pay?

a. Yes
b. No

Section G: Pretrial, Probation and Reentry
Programs and Services

F.8 Who delivers your tribe’s free criminal defense
services? (Select all that apply.)

G.1 Does your tribal court operate a pre-trial diversion
program?7

a. Tribal public defender program (fixed staff )
b. Assigned defender (appointed from a list of
private bar members who accept cases on a
judge-by-judge basis, court-by-court basis, or
case-by-case basis)

a. Yes
b. No (GO TO ITEM G3)
G.2 Does your tribal court provide a diversion program
alternative prior to formally charging the defendant
with a crime?

c. Contract counsel (nonsalaried private bar
members who contract with the tribal court to
provide court appointed representation in a
jurisdiction)

a. Yes
b. No

d. A neighboring tribal legal services program

7Pre-trial diversion (PTD) is an alternative to prosecution which seeks to

e. A non-profit legal services program, including
Indian Legal Services

divert certain offenders from traditional criminal justice processing into
a program of supervision and services. In the majority of cases, offenders
are diverted at the pre-charge stage. Participants who successfully
complete the program will not be charged or, if charged, will have the
charges against them dismissed; unsuccessful participants are returned
for prosecution.

f. A private law firm or office pro bono program
g. Other: (Please describe)

G.3 Does your tribal court operate a pre-trial release
program?8

G.7 How is your tribal justice system’s probation
department funded? (Select all that apply.)

a. Yes

a. Federal grant program(s)

b. No (GO TO ITEM G5)

b. Non-federal grant program(s)

G.4 Which of the following options are provided by your
tribal court regarding the release of a defendant from
detention prior to trial? (Select all that apply.)

c. Tribal budget
d. Other: (Please describe)

a. Release on your own recognizance (ROR)

b. Bail

G.8 Who oversees the probation function in your
community?

c. Held pending further hearing or trial
d. Other: (Please describe)

a. Tribal court

b. Law enforcement

c. Probation is its own department within the tribal
justice system.

Items G5–G12 pertain to your tribal justice system’s
probation program only.

d. Corrections

G.5 Does your tribal court have a probation program?

e. Other: (Please describe)

a. Yes

b. No (GO TO ITEM G13)

G.6 Who supervises individuals placed on community
supervision by the tribal court? (Select all that apply.)

G.9 How many probation officers does your tribal justice
system employ? (Include combined total for full- and
part-time)

a. A probation officer
b. A member of the community (for example: an
elder)

If no probation officers are employed, enter”0” as your
answer.

c. A member of the probationer’s family

G.10 With which non-tribal jurisdiction(s) does your tribal
probation program work to supervise individuals
who are on community supervision from federal,
state, or local systems? (Select all that apply.)

d. Tribal court judge
e. Prosecutor
f. Court administrator

a. Federal probation

g. Nobody; we have unsupervised probation.

b. State probation

h. Tribal police officer

c. Local/municipal probation

i. Other: (Please describe)

d. Tribal probation program does not work with
any non-tribal jurisdictions in this area.

G.11 Which of the following does your probation program
complete and submit to the tribal court? (Select all
that apply.)

8Pre-trial release (PTR) is the process of a defendant being released
before trial, with or without conditions. A defendant may be released
on his or her own recognizance or released on non-financial conditions
that require monitoring the defendant in the community. Non-financial
conditions may include regular contact with a pre-trial services program,
drug testing, curfew, or electronic monitoring.

a. Presentence investigation report
b. Presentence recommendations
c. Monthly or periodic case updates
d. Violation reports
e. Other: (Please describe)

G.12 What was the total number of probation cases that
were active (both new and on-going) during 2014?

If the case count is none, enter “0” as your answer.
If you do not track this information, please check the “Do
not track these case numbers” checkbox.

 Do not track these case numbers

H.1 Which type(s) of juvenile law-violating cases does your
tribal court handle? (Select all that apply.)

Items G13–G16 pertain to your tribal justice system’s
reentry program only.

a. Tribal court does not handle juvenile lawviolating cases. (GO TO ITEM H10)

G.13 Does your tribal justice system supervise individuals
coming out of placement in a secure facility (e.g.,
federal or state detention facility)?

b. Juvenile delinquency9
c. Status offense10 (for example: underage drinking,
tobacco smoking, truancy, running away)

a. Yes
b. No (GO TO SECTION H)

d. All juvenile law-violating cases are treated as
juvenile dependency or child in need of care
matters.

G.14 With which facilities does your justice system work on
reentry supervision? (Select all that apply.)

e. Other: (Please describe)

a. Federal facilities

b. State facilities

c. County/municipal facilities

H.2 How many juvenile law-violating cases were filed in
calendar year 2014?

d. Tribal facilities (within the tribe)
e. Tribal facilities (outside of the tribe)

a. Juvenile delinquency cases

f. Other: (Please describe)

 Do not track these case numbers

b. Juvenile status offense cases (for example: underage
drinking, tobacco smoking, truancy, running away)

G.15 Does your tribal justice system operate a formal
reentry program involved in assisting tribal members
planning to return to your community?

 Do not track these case numbers
H.3 During 2014, what was the total number of juveniles
sentenced to the following? (Write “N/A” for your
answer if this does not apply.)

a. Yes
b. No

a. Incarceration

G.16 Does your community have transitional living
facilities to assist tribal members returning to the
community?

b. Probation without incarceration
H.4 To which juveniles does your tribe provide free legal
representation services in juvenile law-violating cases?
(Select all that apply.)

a. Yes
b. No

a. Tribe does not provide free legal representation
services in juvenile law-violating cases. (GO TO
ITEM H7)

Section H. Juvenile Cases

b. Tribal member juveniles

DIRECTIONS: For survey items requesting case count
information, please provide the total number of cases filed
in your tribal court during the calendar year 2014. Use the
following definition to determine case numbers:

c. Nonmember Indian juveniles
d. Non-Indian juveniles

9Acts committed by a juvenile that would be considered a criminal
offense if committed by an adult.
10 25 CFR § 11.900(m) - Status offense means an offense which, if

committed by an adult, would not be designated a crime under this part
or under an ordinance of the tribe.

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.
11

H.5 Are the criteria for free legal representation services in
juvenile law-violating cases based on income scale and
the family’s ability to pay?

k. Curfew
l. Other: (Please describe)

a. Yes

b. No

H.8 Does your tribal court handle juvenile law-violating
cases jointly with the state court (for example: through
a diversion program)?

H.6 Who provides free legal representation in juvenile lawviolating cases? (Select all that apply.)
a. Tribal public defender program (fixed staff )

a. Yes

b. Assigned defender (appointed from a list of
private bar members who accept cases on a
judge-by-judge basis, court-by-court basis, or
case-by-case basis)

b. No
H.9 Does your tribal court maintain a probation or parole
function for juveniles?

c. Contract counsel (nonsalaried private bar
members who contract with the tribal court to
provide court appointed representation in a
jurisdiction)

a. Yes
b. No
H.10 Does your tribe have or provide access to a reentry
program for tribal juveniles who have been
incarcerated?

d. A neighboring tribal-legal services program
e. A non-profit legal services program, including
Indian Legal Services

a. Yes
b. No

f. A private law firm or office pro bono program

Items H11–H15 pertain to child welfare or dependency
matters only.

g. Other: (Please describe)

H.11 Which type(s) of Indian child welfare or dependency
matters11 does your tribal court handle? (Select all
that apply.)

H.7 Excluding incarceration, which of the following
sentencing options does your tribal court use in
sentencing juveniles for law-violations. (Select all
that apply.)

a. Tribal court does not handle Indian child welfare
or dependency matters. (GO TO SECTION I)
b. Child abuse or neglect

a. No other sentencing options

c. Foster care placements

b. Drug or alcohol rehabilitation; random drug
testing

d. Termination of parental rights
e. Pre-adoptive placements

c. Mental health assessment; counseling or therapy

f. Adoptive placements

d. Community service (for example: litter removal
from highways, community testimonials about
underage drinking or drug abuse)

g. Guardianship
h. Other: (Please describe)

e. Fine; restitution

f. Victim-offender reconciliation (victim-offender
dialogue)

H.12 How many child welfare or dependency cases were
filed in your tribal court in calendar year 2014?

g. Electronic monitoring (For example: house
detention, alcohol monitoring bracelet)
h. Cultural or traditional alternatives

 Do not track these case numbers

i. Placement in a familial or foster home

H.13 How many Indian Child Welfare Act (ICWA) cases
were transferred from a state court to the tribal court
in calendar year 2014?

j. Probation

 Do not track these case numbers
11For example: Child in Need of Protection or Child in Need of Aid cases.

H.14 Who provides free civil legal representation to
juveniles in dependency matters?

I.1 Does your tribal court issue restraining orders and/or
protection orders to protect someone from another
person committing the following acts? (Select all
that apply.)

a. Tribe does not provide free legal representation
services to juveniles in dependency matters.

a. Tribal court does not issue restraining orders
and/or protection orders. (GO TO ITEM I6)

b. Tribal public defender program (fixed staff )
c. Assigned defender (appointed from a list of
private bar members who accept cases on a
judge-by-judge basis, court-by-court basis, or
case-by-case basis)

b. Sexual violence
c. Violent or physical act
d. Threatening act

d. Contract counsel (nonsalaried private bar
members who contract with the tribal court to
provide court appointed representation in a
jurisdiction)

e. Harassment
f. Contact or communication with the victim
g. Physical proximity to another person

e. A neighboring tribal-legal services program

h. Stalking

f. A non-profit legal services program, including
Indian Legal Services

I.2 How many restraining orders and/or protection orders
did your tribal court issue in the calendar year 2014?

g. A private law firm or office pro bono program
h. Other: (Please describe)

 Do not track these numbers

I.3 Does the state(s) in which your tribe is located
recognize restraining orders and/or protection orders
issued from the tribal court?

H.15 Do children in child welfare or dependency cases
have access to Guardian Ad Litem (GAL) and/or Court
Appointed Special Advocate (CASA) services?

a. Yes
b. No

a. GAL only

c. Not sure/do not know

b. CASA only

I.4 Does the tribal court enforce violations of valid state or
other tribal court-issued protection orders occurring on
the reservation as if it were the tribal court’s own order?

c. Both GAL and CASA
d. No access to either service

a. Yes

Section I: Domestic Violence and
Protection Orders

b. No
c. Not sure/do not know
I.5 During 2014, how many criminal convictions for
violation of protection orders issued by your court?

 Do not track these numbers

A filed case is a set of all charges against a single
defendant filed in the court on a single day. A case with
three defendants should be counted as three cases, but a
case with one defendant with multiple charges should be
counted as one case.

I.6 How many domestic violence cases were filed
in your tribal court in calendar year 2014?12
 Do not track these case numbers

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.

12Domestic violence refers to violence between married or cohabiting

couples, as well as violence against other members of the offender’s
household, such as children, siblings, parents, elderly relatives, or other
family members of current or past intimate partners.

If the case count is none, enter “0” as your answer.
If you do not track this information, please check the “Do
not track these case numbers” checkbox.

I.7 Did your tribal court receive any federal or state grants
and/or funding for domestic violence programming in
calendar year 2014?
a. Federal funding
b. State funding

Yes



J.2 If no, indicate which factors, if any, your tribe has
identified as preventing it from exercising the enhanced
sentencing authority under TLOA. (Select all that apply.)
a. There are no factors preventing the exercising of
enhanced sentencing authority under TLOA.

No



b. Tribe does not currently exercise criminal
jurisdiction.
c. Requires a change in tribal constitution or code

Section J. Enhanced Sentencing Authority

d. Requires Tribal Council to pass a resolution in
favor of implementation

The questions in this section relate to the Tribal Law and
Order Act13 (TLOA). Some of the provisions of Section 234
in TLOA provide for enhanced sentencing authority for
Indian tribes, but also include several requirements—many
related to indigent defense or public defenders—that must
be fulfilled before the authority may be exercised.

e. Requires qualified staff training and/or licensing
(for example: judge, defense attorney)
f. Requires ability to record court proceedings
g. Requires additional technical assistance or
training

J.1 Does your tribe currently exercise the enhanced
sentencing authority provided by TLOA (including
the authority to sentence defendants to 3 years of
incarceration and up to $15,000 in fines)?

h. Requires additional funding for program
implementation
i. Requires building a detention facility

a. Yes (GO TO J3)

j. Requires expanding an existing detention facility

b. No

k. Other: (Please describe)

13Tribal Law and Order Act, of 2010, 25 U.S.C. § 2802 (2010).

J.3 Please indicate whether your tribe currently meets each of the following TLOA enhanced sentencing authority
requirements.
Requirements
a. Tribal government provides a defense attorney to an indigent defendant.
b. The defense attorney (provided to the indigent defendant by the tribal government) is “licensed to practice by
any jurisdiction in the United States that applies appropriate professional licensing standards and effectively
ensures the competence and professional responsibility of its licensed attorneys.”
c. Judges presiding over criminal proceedings subject to enhanced sentencing have “sufficient legal training to
preside over criminal trials” subject to enhanced sentencing.
d. Any judges presiding over criminal proceedings subject to enhanced sentencing are “licensed to practice law
by any jurisdiction in the United States.”
e. The tribe’s criminal law, rules of evidence, and rules of criminal procedure are made available to the public prior
to charging the defendant.
f. Tribal court “maintains a record of the criminal proceeding, including an audio or other recording.”
g. Defendant is sentenced to a facility that passes the BIA jail standards for enhanced sentencing authority for
more than one year (including the Bureau of Prisons Pilot Program).

Yes


No


Unsure/do
not know




J.4 How does your tribal court system record court
proceedings? (Select all that apply.)

J.6 Please indicate the types of alternatives to incarceration
programs (other than probation) that your tribal justice
system currently operates. (Select all that apply.)

a. We do not record court proceedings.

a. Day reporting; day treatment

b. Steno type (a court reporter)

b. Electronic monitoring (e.g., alcohol monitoring
bracelet)

c. Audio recording
d. Video recording

c. Community service program

e. Other: (Please describe)

d. Mentoring

e. Mediation; dispute resolution

f. Home detention

J.5 Excluding incarceration, which of the following
alternative criminal sentencing options does your tribal
court currently use for adults? (Select all that apply.)

g. Halfway house; transitional living
h. Work or school release

a. No other sentencing options

i. Specialty court: Teen court

b. Drug or alcohol rehabilitation; random drug
testing

j. Specialty court: Veterans court
k. Specialty court: Drug court or Healing to Wellness
court

c. Mental health assessment; counseling and
therapy

l. Specialty court: Domestic violence court

d. Community service (for example: litter removal
from highways, community testimonials about
DWI or drinking)

m. Specialty court: Other: (Please describe)

e. Fine; restitution

f. Victim-offender reconciliation (victim-offender
dialogue)

Section K: Information Systems Access and
Data Entry

g. Electronic monitoring (For example: alcohol
monitoring bracelet)

K.1 From what agencies/entities does your tribal court
access electronic data and to what agencies/entities
does your tribal court transmit electronic data? (Select
all that apply.)

h. Probation
i. Provide DNA samples for testing and inclusion in
CODIS
j. Sex offender registration
k. Referral for Veterans Administration resources
l. Culturally based and traditional alternatives

a. Local justice agency (county or city)
b. State justice agency
c. FBI Criminal Justice Information
Services (CJIS)
d. BIA Office of Justice Services
e. Other tribes
f. Other: (Please describe)

m. Day reporting; day treatment program
n. Employment; vocational rehabilitation program
o. Individual, group or family counseling
p. Parenting education
q. Transitional living services or support
r. Other: (Please describe)

g. None of the above

Court
accesses
electronic
data from



Court
transmits
electronic
data to











K.2 What method(s) does your tribal court use to manage
cases? (Select all that apply.)

K.3 With which of the following is your tribal court
electronically networked for the purpose of
transmitting criminal justice information? (Select all
that apply)

a. Paper files
b. Basic spreadsheets (for example: Excel, Access)
c. Basic text files (for example: Word, WordPerfect)
d. An automated case management system
e. Other: (Please describe)

a. Justice agencies within your tribe



b. Justice agencies within other tribes



c. Other justice agencies outside of your tribe
(federal, state, or local)



The FBI Criminal Justice Information Services (CJIS) provides criminal justice database access and data entry for
criminal justice purposes.
K.4 Indicate which activities your tribal justice system has the ability to conduct with CJIS. (Select all that apply.)

a. Enter court disposition data
b. Enter protective orders into the National Crime Information
Center (NCIC) Protection Order Filea
c. Enter sex offenders into the National Sex Offender Registry
(NSOR) (NOTE: NCIC file – not NSOPW)b

The state conducts this activity BIA conducts this
Tribal court through an agreement on
activity on behalf No
personnel behalf of the tribe
of the tribe
access








aThe National Crime Information Center (NCIC) is a comprehensive crime-related database maintained by the FBI’s Criminal Justice Information

Services Division (CJIS).

bThe National Sex Offender Registry is a tracking system maintained and utilized by CJIS and cooperating agencies to track the location of convicted

sex offenders.

K.5 To which of the following criminal history repositories
does your tribal court submit final case disposition
information (for example: convictions, protections
orders)? (Select all that apply.)

K.7 How does your tribal court post registration
information to the sex offender registry? (Select all that
apply.)
a. Tribal court posts through the state sex offender
registry (connected to the National Sex Offender
Public Website).

a. Tribal repository
b. Local repository

b. Tribal court posts through a tribal sex offender
registry (connected to the National Sex Offender
Public Website).

c. State repository
d. Federal repository (for example: FBI CJIS)
e. None of the above

c. Tribal court posts through a tribal sex offender
registry (NOT connected to the National Sex
Offender Public Website).

K.6 Does your tribe maintain a sex offender registry?
a. Yes

d. Tribal court does not post sex offender registry
information.

b. No (GO TO ITEM K8)

e. Other: (Please describe)

K.8 Does your tribe operate its own victim notification
system?

The survey is now complete. Thank you for taking part in
the 2014 National Survey of Tribal Court Systems.

a. Yes

b. No
c. Not sure/do not know
K.9 Does your tribe have an agreement with the state to
participate in a state victim notification system?

Again, thank you for your cooperation in this important
data collection effort. Your responses are critically
important to the success of this survey.

a. Yes
b. No
c. Not sure/do not know
K.10 Does your tribal court maintain a restraining order
and/or protection order registry?
a. Yes
b. No
c. Not sure/do not know

18
Form NSTCS-14AK

OMB No. XXXX-XXXX: Approval expires XX/XX/XXXX

U.S. Department of Justice
Bureau of Justice Statistics

RETURN TO

Kauffman and Associates
PO Box 15179
Washington, DC 20003 - 9998

2014 National Survey of Tribal Court Systems:
Alaska Tribal Courts

INFORMATION SUPPLIED BY
TRIBAL COURT NAME
NAME
TELEPHONE

TITLE
Area Code

Number

Extension

FAX

Area Code

Number

EMAIL ADDRESS
OFFICIAL TRIBE NAME FOR REPORTED DATA

The information collected in this survey is vitally important for understanding the administrative and operational
needs of your tribal court individually, but also helps in the planning for tribal justice systems across Alaska.

DIRECTIONS
• Please review this survey in its entirety before completion, as several sections will require gathering
administrative information from various components within the tribal justice system.
• Please consult with justice system, law enforcement, and finance department representatives as necessary to
obtain information to complete the survey in its entirety.
• INTERTRIBAL COURTS PLEASE NOTE: Fill out a separate survey for each tribe that participates in the intertribal
court or ensure that each participating tribe fills out its own survey.
• Your tribe’s responses will not identify you individually. We ask for your name and contact information above in
case any of the survey items need clarification.

UPON COMPLETION OF THE SURVEY
You may complete and submit your survey using any one of the following three options:
• Mail: NSTCS, c/o Kauffman & Associates, Inc, PO Box 15179, Washington, DC 20003-9998
• Fax: 301-588-6801
• Email: [email protected]
If you have questions or need assistance, you may call toll free and leave a message at 1-877-528-4025 or send an
email message to [email protected]. A member of our survey administration team will respond promptly.
Thank you for your cooperation in this important data collection effort. Your responses are critically important to
the success of this survey.
The Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 USC 3732), authorizes this information collection. This request for
information is in accordance with the clearance requirement of the Paperwork Reduction Act of 1908, as amended (44 USC 3507). The burden
of this data collection is estimated to average 2 hours per response, including time to review instructions, gather the information needed, and
enter and review the information. Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions on how to reduce this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street, N.W., Washington, D.C. 20531. Do NOT
send your completed survey to this address.

e. Village Public Safety Officers

Section A: Tribal Justice Systems

f. City: (Provide name of agency or agencies)

A.4 How many miles away is the nearest State of Alaska
courthouse? (If the nearest State of Alaska courthouse
is located in the community, enter “0”)

A.1 What was the total number of your enrolled tribal
members during 2014 (including members living both
in and away from the community with official tribal
membership)?

Check here if this is an estimate.
A.5 Which type(s) of tribal court system operates in your
tribal jurisdiction? (Select all that apply.)

 Check here if this is an estimate.
A.2 What was the total resident population (including
members, nonmember Indians1 and non-Indians) on
your reservation, tribal land, or village during 2014?

a. The tribe does not operate a tribal court
b. Indigenous or traditional court (for example:
peacemaking, elder panel, circle sentencing)
c. Formal tribal court (a hearing presided over by a
judge or magistrate)

 Check here if this is an estimate.
A.3 Which law enforcement agencies provide a policing
or criminal investigative function on your reservation,
tribal land, tribal community, or village? (Select all that
apply.)

d. Tribal council serving as the judiciary
e. Intertribal court system: (Provide the name of all
the individual tribes included in this system)

a. Tribal: (Provide name of agency or agencies)

f. Joint jurisdiction court (tribal-state court):
(Provide name of court)

b. Bureau of Indian Affairs (BIA): (Provide name of
agency or agencies)

g. Bureau of Indian Affairs (BIA)/Court of Federal
Regulation or Court of Indian Offenses (CFR)

c. Federal Law Enforcement other than BIA: (Provide
name of agency or agencies)

d. State/County (including County Sheriff or State
Troopers): (Provide name of agency or agencies)

h. Other: (Please describe)

NOTE: If your tribe does not operate a tribal court, does not
have a Tribal Council that operates as a judicial forum or a
judicial dispute resolution forum, or does not participate in
an intertribal court system STOP HERE. DO NOT complete
the rest of the survey. Follow the directions on the cover
page to return completed portions of the survey. Thank
you for your participation.

1 “Nonmember Indian” describes an individual who is a member of a tribe
other than the specific tribe completing this survey.

B.5 Does your tribal court currently exercise criminal
jurisdiction?

Section B: Tribal Court Administration

a. Yes

Hereafter the term “tribal court” or “tribal court system” is
used to denote or refer to the type of justice institution
operated by your tribe. The remaining sections of this
survey apply to your tribal court system.

b. No (GO TO ITEM B14)
B.6 Over what type(s) of defendant does your tribal court
exercise criminal jurisdiction? (Select all that apply.)

a. Tribal members
b. Nonmember Indians
c. Non-Indians (defendant consenting to tribal
jurisdiction)

B.7 What was the total number of criminal cases filed in
your tribal court in calendar year 2014?

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.

Do not track these case numbers
B.8 How many of these criminal cases filed in your tribal
court in calendar year 2014 involved a non-Indian
defendant (defendant consenting to tribal
jurisdiction)?

If the case count is none, enter “0” as your answer.
If you do not track this information, please check the “Do
not track these case numbers” checkbox.

Do not track these case numbers

B.1 How long (in years) has your tribal court been
operational?

B.9 During 2014, excluding juveniles, what was the total
number of defendants sentenced to the following?
(Write “N/A” for your answer if this does not apply.)

Number of years:
B.2 Under what authority was your tribal justice system
created? (Select all that apply.)

a. Jail or prison terms
b. Probation without jail or
prison terms

a. Inherent sovereign authority
b. Specifically authorized in the tribal constitution

B.10 How many convictions DUI/DWI for offenses were
issued by your tribal court in calendar year 2014? (If
your justice system does handle DUI/DWI offenses,
(Write “N/A” for your answer.)

c. Created by tribal statute, resolution, or ordinance
d. Other: (Please describe)

DUI/DWI Offenses:

Do not track these numbers

B.3 Does your tribal court currently exercise civil
jurisdiction?

B.11 What are the available sanctions issued by the tribal
court for DUI/DWI convictions? (Select all that apply.)

a. Yes

a. Revoke driving privileges on the reservation
only

b. No (GO TO ITEM B6)
B.4 How many civil cases were filed in your tribal court in
calendar year 2014?

b. Suspension of driving privileges in the entire
state, including reservation

a. Traffic cases:

c. Counseling

Do not track these case numbers

d. Fines

b. Non-traffic cases:

e. Jails

Do not track these case numbers

f. Other: (Please describe)

B.12 Does your tribal court share DUI/DWI conviction
3

information with state administering agencies (for
example: the Motor Vehicle Authority, DMV, etc.)?

B.17 Does the State of Alaska court system offer circle
sentencing in your community?

a. Yes

b. No

B.13 Which of the following does your tribal court
recognize as acceptable evidence to determine Blood
Alcohol Content (BAC)? (Select all that apply)

B.18 D
oes the state recognize your tribal court’s orders in
the following types of court cases?

a. Breathalyzer
b. Blood tests
Case type
a. Child protection
(ICWA)a
b. Child support
c. Domestic violence
d. Juvenile
delinquencyb
e. Juvenile
dependencyc
f. Private child custody
(parent v. parent)
g. Other:
(Please describe)

c. Standardized Field Sobriety Test (SFST)
d. Implied Consent
e. Other (Please describe)

B.14 What are the various mechanisms by which tribal laws
and codes are made available to the public? (Select all
that apply.)
a. Tribal laws and codes are not made available to
the public.
b. Paper copies are available in the tribal office,
library, or other location.

Yes, tribal
court
orders are
recognized

No, tribal
court
orders
are not
recognized

N/A, tribal
court does
not hear
this type
of case








aThe Indian Child Welfare Act, 25 U.S.C. § 1902.

c. Electronic versions are provided in a passwordprotected file.

bActs committed by a juvenile that would be considered a criminal offense if committed by an adult.
cFor example: Child in Need of Protection or Child in Need of Aid
cases

d. Electronic copies can be downloaded from the
tribal website.
e. Electronic copies can be downloaded from a host
site (for example: NARF, VERSUS, or the Tribal
Court Clearinghouse).

Section C: Appellate System
DIRECTIONS: For survey items requesting case count
information, please provide the total number of cases filed
by your tribal court during the calendar year 2014. Use the
following definition to determine case numbers:

f. Electronic copies are available on commercial
websites (for example: Westlaw).
g. Other: (Please describe)

B.15 Does your tribal court provide defendants the right to
a trial by jury?

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.

a. Yes
b. No

If the case count is none, enter “0” as your answer.

B.16 Does your jury pool for criminal proceedings include
non-Indians?

If you do not track this information, please check the “Do
not track these case numbers” checkbox.

a. Yes
b. No
c. Not applicable

C.1 Does your justice system have a court of appeals,
participate in an intertribal appellate court, or
otherwise have an appellate process?
a. Yes (Please provide the official name of the court
of appeals. For example: Alaska Native Court of
Appeals)

i. State funding
j. Private foundations
k. Fines and other court costs
l. Other grant funding: (Please describe)






m. Other: (Please describe)



b. No (GO TO SECTION D)
C.2 How many appellate cases were filed in your tribal
court in the calendar year 2014?

D.4 Were any of the following positions and services
funded totally or in part by your tribal court’s
operating budget in 2014?

a. Criminal:
Do not track these case numbers

Core court positions and services
a. Judges (law school graduate)
b. Judges (non-law school graduate)
c. Prosecution/prosecutor (law school
graduate)
d. Prosecution/prosecutor (non-law
school graduate)
e. Indigent defense services/public
defender (law school graduate)
f. Indigent defense services/public
defender (non-law school graduate)
g. Administration/court clerks
h. Bailiffs
i. Probation/parole
j. Law clerks
k. Court staff attorney
l. ICWA worker (child welfare)*
m. Juvenile services
n. Mental health treatment
o. Alcohol and drug treatment

b. Civil:
Do not track these case numbers

Section D: Tribal Court System Operations
D.1 Please indicate whether your tribal court budget is on
a fiscal or calendar year cycle.
a. Tribal fiscal year. (Please enter the start and end
dates of the 2014 fiscal year.)

mm dd yyyy mm dd yyyy
b. Calendar year
D.2 During 2014, what was the operational budget of
your tribal court for adjudication functions, excluding
capital outlays for construction?2 (If you are unable to
provide the actual number please provide your best
estimate.)

p. Electronic monitoring program
q. Victim services/victim assistance
services
r. Alternative to incarceration
programming and/or staff

$
D.3 Did any of the following sources provided funding for
your tribal court operations during 2014?
Source
Yes
a. Tribal appropriations

b. Self-Governing Compact

c. Public Law 93-638 Contract

d. Other BIA funding

e. Coordinated Tribal Assistance Solicitation (CTAS)
funding from the U.S. Department of Justice (DOJ) 
f. DOJ grants, other than CTAS funding

g. Substance Abuse and Mental Health Services
Administration (SAMHSA)

h. Other federal funding


No





*The Indian Child Welfare Act, 25 U.S.C. § 1902.






2 Operating expenditures or budgets are defined as all recurring fixed and
variable costs associated with the management and administration of
your system. It does not include nonrecurring fixed capital costs such as
building construction and major equipment purchases.

Yes


No

















D.5 Which qualifications are required in order to serve as a
trial or appellate court judge? (Select all that apply.)

Trial
judges







Appellate court
judges (including
supreme court
judges)









m. Tribal elder/peacemaker/
other traditional forum
staff
n. Support staff
o. Other: (Please describe)

p. TOTAL NUMBER OF
EMPLOYEES
*Part-time refers to any employee or consultant who works fewer
than 40 hours per week and includes job sharing.

D.7 How are the following justice system personnel
selected for these positions? (Select all that apply.)

Staff position
a. Trial judge
b. Appellate court
judge
c. Court
administrator
d. Clerk of the
court

D.6 How many of the following types of personnel served
your tribal court system in 2014?
NOTE: “Part-time” refers to any employee who works
fewer than 40 hours per week and includes job sharing.
If you are unable to provide the actual number, provide
your best estimate. If none, enter “0.” If a particular
position does not exist in your court, enter “N/A.”

Staff position
a. Trial judge (law school
graduate)
b. Trial judge (non-law school
graduate)
c. Appellate court judge
(law school graduate)
d. Appellate court judge
(non-law school graduate)
e. Parole or probation officer
f. Pretrial services staff
g. Community resources
specialist
h. Court administrator
i. Court clerk
j. Court reporter
k. Staff attorney (does not
include prosecutor or
public defender)
l. Law clerk

Hired
Hired as
under
a tribal
Appointed Elected contract employee



D.8 Does your tribal court currently have any victim
service programs?
a. Yes
b. No (GO TO ITEM D10)

Number of court
employees or consultants
Volunteer/
Full-time Part-time unpaid
paid
paid*
appointee

D.9 During 2014, did your tribal court receive federal
and/or state funding for victim services or programs?
(Select all that apply.)
a. Federal
b. State
c. No outside funding was received.
D.10 Does your tribal court rely on county or local
government social service agencies for court-ordered
treatment in juvenile and/or family cases?
a. Yes
b. No

Section E: Tribal Prosecution and Indigent
Defense
E.1 Does your tribal court currently have a tribal
prosecutor or prosecutor’s office?
a. Yes
b. No (GO TO ITEM E4)

E.2 How are the following prosecutor’s office personnel
selected for these positions? (Select all that apply.)
Hired
under
Appointed Elected contract
a. Chief
prosecutor
b. Assistant
prosecutor

E.7 How are the following public defense office personnel
selected for these positions? (Select all that apply.)

Hired
as tribal
employee



a. Chief
public
defender
b. Assistant
public
defender

E.3 How many prosecutors were employed in your tribal
court in calendar year 2014?

Hired as
a tribal
employee

Appointed

Elected



E.8 To whom does your tribe provide free criminal defense
services for offenses involving tribal members? (Select
all that apply.)

NOTE: “Part-time” refers to any employee who works
fewer than 40 hours per week and includes job sharing.
If you are unable to provide the actual number, provide
your best estimate. If none, enter “0.” If a particular
position does not exist in your court, enter “N/A.”

Full-time

Hired
under
contract

a. Tribe does not provide free criminal defense
services. (GO TO SECTION F)
b. Tribal members

Volunteer/
unpaid
Part-time appointee

c. Nonmember Indians
d. Non-Indians

a. Prosecutors (law school
graduate)
b. Prosecutors (non-law
school graduate)
c. TOTAL NUMBER OF
PROSECUTORS

e. Other: (Please describe)

E.9 Are free criminal defense services based on income
scale and ability to pay?

E.4 Does your tribe have a contract with a local or private
attorney to provide prosecution services?

a. Yes

b. No

E.10 Who delivers your tribe’s free criminal defense
services? (Select all that apply.)

E.5 Does your tribal system currently have a tribal public
defender or defense office?

a. Tribal public defender program (fixed staff )

a. Yes

b. A ssigned defender (appointed from a list of
private bar members who accept cases on a
judge-by-judge basis, court-by-court basis, or
case-by-case basis)

b. No (GO TO SECTION F)
E.6 How many public defenders were employed in your
tribal court in calendar year 2014?

c. Contract counsel (nonsalaried private bar
members who contract with the tribal court to
provide court appointed representation in a
jurisdiction)

NOTE: “Part-time” refers to any employee who works
fewer than 40 hours per week and includes job sharing.
If you are unable to provide the actual number, provide
your best estimate. If none, enter “0.” If a particular
position does not exist in your court, enter “N/A.”

d. A neighboring tribal-legal services program

Volunteer/
unpaid
Full-time Part-time appointee

e. A non-profit legal services program, including
Indian Legal Services
f. A private law firm or office pro bono program

a. Public defenders (law
school graduate)
b. Public defenders (non-law
school graduate)
c. TOTAL NUMBER OF PUBLIC
DEFENDERS

g. Other: (Please describe)

F.6 Who supervises individuals placed on community
supervision by the tribal court? (Select all that apply.)

Section F: Pretrial, Probation and Reentry
Programs and Services

a. A probation officer

F.1 Does your tribal court operate a pre-trial diversion
program?3

b. A member of the community (for example: an
elder)

a. Yes

c. A member of the probationer’s family

b. No (GO TO ITEM F3)

d. Tribal court judge

F.2 Does your tribal court provide a diversion program
alternative prior to formally charging the defendant
with a crime?

e. Prosecutor
f. Court administrator

a. Yes

g. Nobody; we have unsupervised probation.

b. No

h. Tribal police officer
i. Other: (Please describe)

F.3 Does your tribal court operate a pre-trial release
program?4

a. Yes

b. No (GO TO ITEM F5)

F.7 How is your tribal justice system’s probation
department funded? (Select all that apply.)

F.4 Which of the following options are provided by your
tribal court regarding the release of a defendant from
detention prior to trial? (Select all that apply.)

a. Federal grant program(s)
b. Non-federal grant program(s)

a. Release on your own recognizance (ROR)

c. Tribal budget

b. Bail

d. Other: (Please describe)

c. Held pending further hearing or trial

d. Other: (Please describe)

F.8 Who oversees the probation function in your
community?

Items F5–F12 pertain to your tribal justice system’s
probation program only.

a. Tribal court
b. Law enforcement

F.5 Does your tribal court have a probation program?
a. Yes

c. Probation is its own department within the tribal
justice system.

b. No (GO TO ITEM F13)

d. Other: (Please describe)

3 Pre-rial diversion (PTD) is an alternative to prosecution which seeks to

divert certain offenders from traditional criminal justice processing into a
program of supervision and services administered by the U.S. Probation
Service. In the majority of cases, offenders are diverted at the pre-charge
stage. Participants who successfully complete the program will not be
charged or, if charged, will have the charges against them dismissed;
unsuccessful participants are returned for prosecution.

F.9 How many probation officers does your tribal justice
system employ? (Include both full- and part-time.)
If no probation officers are employed, enter “0” as your
answer.

4 Pre-trial release (PTR) is the process of a defendant being released before

trial, with or without conditions. A defendant may be released on his or
her own recognizance or released on non-financial conditions that require
monitoring the defendant in the community. Non-financial conditions
may include regular contact with a pre-trial services program, drug
testing, curfew, or electronic monitoring.

F.10 With which nontribal jurisdiction(s) does your tribal
probation program work to supervise individuals who
are on community supervision from federal, state, or
local systems? (Select all that apply.)

F.15 Does your tribal justice system operate a formal
reentry program involved in assisting tribal members
planning to return to your community?
a. Yes

a. Federal probation

b. No

b. State probation

F.16 Does your community have transitional living facilities
to assist tribal members returning to the community?

c. Local/municipal probation
d. Private probation

a. Yes

e. Tribal probation program does not work with any
nontribal jurisdictions in this area.

b. No

Section G: Juvenile Cases

F.11 Does your probation program complete and submit
any of the following to the tribal court? (Select all that
apply.)

a. Presentence investigation report
b. Presentence recommendations
c. Monthly or periodic case updates

d. Violation reports
e. Other: (Please describe)

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.

F.12 What was the total number of probation cases that
were active (both new and on-going) during 2014?

If the case count is none, enter “0” as your answer.
If you do not track this information, please check the “Do
not track these case numbers” checkbox.

 Do not track these case numbers

G.1 Which type(s) of juvenile law-violating cases does your
tribal court handle? (Select all that apply.)

Items F13–F16 pertain to your tribal justice system’s
reentry program only.

a. Tribal court does not handle juvenile lawviolating cases. (GO TO ITEM G7)

F.13 Does your community supervise individuals coming
out of placement in a secure facility? (For example:
state or federal prison.)

b. Juvenile delinquency5
c. Status offense6 (for example: underage drinking,
tobacco smoking, truancy, running away)

a. Yes
b. No (GO TO SECTION G)

d All juvenile law-violating cases are treated as
juvenile dependency7 or child in need of care
matters.

F.14 With which facilities does your community work on
reentry supervision? (Select all that apply.)
a. Federal facilities

e. Other: (Please describe)

b. State facilities

c. County/municipal facilities

5 Acts committed by a juvenile that would be considered a criminal

d. Tribal facilities (within the tribe)

offense if committed by an adult.

e. Tribal facilities (outside of the tribe)

6 25 CFR § 11.900(m) – Status offense means an offense which, if

f. Other: (Please describe)

committed by an adult, would not be designated a crime under this part
or under an ordinance of the tribe.

7 For example: Child in Need of Protection or Child in Need of Aid cases.

G.2 How many juvenile law-violating cases were filed in
calendar year 2014?

G.7 Does your tribe have or provide access to a reentry
program for tribal juveniles who have been
incarcerated?

a. Juvenile delinquency cases

a. Yes

Do not track these case numbers

b. No

b. Juvenile status offense cases (for example: underage
drinking, tobacco smoking, truancy, running away)

G.8 Which type(s) of Indian child welfare or dependency
matter(s)8 does your tribal court handle? (Select all that
apply.)

Do not track these case numbers

a. Tribal court does not handle Indian child welfare
or dependency matters. (GO TO SECTION H)

G.3 During 2014, what was the total number of juveniles
sentenced to the following? (Write “N/A” for your
answer if this does not apply.)

b. Child abuse or neglect

a. Incarceration

c. Foster care placements

b. Probation without incarceration

d. Termination of parental rights

G.4 Excluding incarceration, which of the following
sentencing options does your tribal court use in
sentencing juveniles for law-violations. (Select all that
apply.)

e. Pre-adoptive placements
f. Adoptive placements
g. Guardianship

a. No other sentencing options

h. Other: (Please describe)

b. Drug or alcohol rehabilitation; random drug
testing

c. Mental health assessment; counseling or therapy

G.9 How many child welfare or dependency cases were
filed in calendar year 2014?

d Community service (for example: litter removal
from highways, community testimonials about
underage drinking or drug abuse)

Do not track these case numbers

e. Fine; restitution
f. Victim-offender reconciliation (victim-offender
dialogue)

Section H: Domestic Violence and
Protection Orders

g Electronic monitoring (for example: house
detention, alcohol monitoring bracelet)

h. Cultural or traditional alternatives
i. Placement in a familial or foster home
j. Probation

k. Curfew
l. Other: (Please describe)
G.5 Does your tribal court ever handle juvenile lawviolating cases jointly with the state court (for example:
through a diversion program)?

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.

a. Yes

If the case count is none, enter “0” as your answer.

b. No

If you do not track this information, please check the “Do
not track these case numbers” checkbox.

G.6 Does your tribal court maintain a probation or parole
function for juveniles?

8 For example: Child in Need of Protection or Child in Need of Aid cases.

a. Yes
b. No
10

H.1 Does your tribal court issue restraining orders and/or
protection orders to protect someone from another
person committing the following acts? (Select all that
apply.)

H.7 Did your tribal court receive any federal or state grants
and/or funding for domestic violence programming in
calendar year 2014?

a. Tribal court does not issue restraining orders or
protection orders. (GO TO ITEM H6)

a. Federal funding
b. State funding

Yes




b. Sexual violence
c. Violent or physical act

Section I: Information Systems Access and
Data Entry

d. Threatening act
e. Harassment

I.1 From what agencies/entities does your tribal court
access electronic data and to what agencies/entities
does your tribal court transmit electronic data? (Select
all that apply.)

f. Contact or communication with the victim
g. Physical proximity to another person
h. Stalking
H.2 How many restraining orders and/or protection orders
did your tribal court issue in calendar year 2014?

a. Local justice agency (county or city)
b. State justice agency
c. FBI Criminal Justice Information
Services (CJIS)
d. BIA Office of Justice Services
e. Other tribes
f. Other: (Please describe)

Do not track these numbers.
H.3 Does the state(s) in which your tribe is located
recognize restraining orders and/or protection orders
issued from the tribal court?
a. Yes

Court
transmits
electronic
data to



Court
accesses
electronic
data from











b. No
c. Not sure/do not know

g. None of the above

H.4 Does the tribal court enforce violations of valid state or
other tribal court-issued protection orders occurring on
the reservation as if it were the tribal court’s own order?

I.2 What method(s) does your tribal court use to manage
cases? (Select all that apply.)

a. Yes

a. Paper files

b. No

b. Basic spreadsheets (for example: Excel, Access)

c. Not sure/do not know

c. Basic text files (for example: Word, WordPerfect)
d. An automated case management system

H.5 During 2014, how many criminal convictions for
violation of protection orders were issued by your
court?

e. Other: (Please describe)

Do not track these numbers

H.6 How many domestic violence cases were filed in your
tribal court in calendar year 2014?9

I.3 With which of the following is your tribal court
electronically networked for the purpose of
transmitting criminal justice information? (Select all that
apply.)

Do not track these case numbers
9 Domestic violence refers to violence between married or cohabiting
couples, as well as violence against other members of the offender’s
household, such as children, siblings, parents, elderly relatives, or other
family members of current or past intimate partners.

a. Justice agencies within your tribe



b. Justice agencies within other tribes



c. Other justice agencies outside of your tribe
(federal, state, local)



I.4 Does your tribe maintain a sex offender registry?

I.6 Does your tribe operate its own victim notification
system?

a. Yes
b. No (GO TO ITEM I6)

a. Yes

I.5 How does your tribal court post registration information
to the sex offender registry? (Select all that apply.)

b. No
c. Not sure/do not know

a. Tribal court does not obtain or post sex offender
registry information.

I.7 Does your tribe have an agreement with the state to
participate in a state victim notification system?

b. Tribal court posts through the state sex offender
registry (connected to the National Sex Offender
Public Website).

a. Yes
b. No

c. Tribal court posts through a tribal sex offender
registry (connected to the National Sex Offender
Public Website).

c. Not sure/do not know
I.8 Does your tribal court maintain a restraining order and/
or protection order registry?

e. Tribal court posts through a tribal sex offender
registry (NOT connected to the National Sex
Offender Public Website).

a. Yes
b. No

e. Other: (Please describe)

c. Not sure/do not know

The survey is now complete. Thank you for taking part in
the 2014 National Survey of Tribal Court Systems: Alaska
Tribal Courts.

If you have questions or would like to speak with someone
about your experience, please call toll free and leave a
message at 1-877-528-4025 or send an email message
to [email protected]. A member of our survey
administration team will respond promptly.
Again, thank you for your cooperation in this important
data collection effort. Your responses are critically
important to the success of this survey.

30
Form NSTCS-14CFR

OMB No. XXXX-XXXX: Approval expires XX/XX/XXXX

U.S. Department of Justice
Bureau of Justice Statistics

RETURN TO

Kauffman and Associates
PO Box 15179
Washington, DC 20003-9998

2014 National Survey of Tribal Court Systems:
Code of Federal Regulations Courts

INFORMATION SUPPLIED BY
TRIBAL COURT NAME
NAME
TELEPHONE

TITLE
Area Code

Number

Extension

FAX

Area Code

Number

EMAIL ADDRESS
OFFICIAL TRIBE NAME FOR REPORTED DATA

The information collected in this survey is vitally important for understanding the administrative and operational
needs of your Code of Federal Regulations (CFR court) individually, but also helps in the planning for tribal justice
systems across all tribal, inter-tribal, and Code of Federal Regulations court systems.

DIRECTIONS
• Please review this survey in its entirety before completion, as several sections will require gathering
administrative information from various components within the tribal justice system.
• Please consult with justice system, law enforcement, and finance department representatives as necessary to
obtain information to complete the survey in its entirety.
• INTERTRIBAL COURTS PLEASE NOTE: Fill out a separate survey for each tribe that participates in the
inter-tribal court or ensure that each participating tribe fills out its own survey.
• Your tribe’s responses will not identify you individually. We ask for your name and contact information above in
case any of the survey items need clarification.

c. Federal Law Enforcement other than BIA: (Provide
name of agency or agencies)

Section A: Administration and Operation

This survey gathers information on the various components
of court system, including law enforcement, the court,
and corrections. Courts of Indian Offenses (also known as
Code of Federal Regulations Courts) are courts operated
by the Department of Interior, Bureau of Indian Affairs, on
certain reservations. These courts operate under federal
regulations contained in Title 25, Part 11, of the Code of
Federal Regulations and for this reason are often referred to
as “CFR courts.”

d. State/county (including county sheriff or state
troopers): (Provide name of agency or agencies)

e. City: (Provide name of agency or agencies)

DIRECTIONS: For survey items requesting case count
information, please provide the total number of cases filed
by your CFR court during the calendar year 2014. Use the
following definition to determine case numbers:

A.4 How long (in years) has your CFR court been
operational?
Number of years:
A.5 How many civil cases were filed in your CFR court in
calendar year 2014?

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.

a. Traffic cases:

If the case count is none, enter “0” as your answer.

 Do not track these case numbers

If you do not track this information, please check the “Do
not track these case numbers” checkbox.

b. Non-traffic cases
 Do not track these case numbers

A.1 Which tribes are under the jurisdiction of this Code of
Federal Regulations Court (CFR court)? (Please specify.)

A.6 Over what type(s) of defendant does your CFR court
exercise criminal jurisdiction? (Select all that apply.)

 a. Tribal members

 b. Nonmember Indians

A.2 Do any of the tribes noted in A.1 above also operate a
separate tribal court?

A.7 How many criminal cases were filed in your CFR court
in calendar year 2014?

Yes (Please identify which ones)

 Do not track these case numbers

A.8 How many of these criminal cases filed in your tribal
court in calendar year 2014 involved a non-Indian
defendant?

No
A.3 Which law enforcement agencies provide a policing or
criminal investigative function on the Indian country
(as defined in 18 U.S.C. 1151 and by Federal court
precedent) over which your CFR court has jurisdiction?
(Select all that apply.)

 Do not track these case numbers
A.9 During 2014, excluding juveniles, what was the total
number of defendants sentenced to the following?
(Write “N/A” for your answer if this does not apply.)

a. Tribal: (Provide name of agency or agencies)

a. Jail or prison terms

b. Probation without jail or
prison terms

b. Bureau of Indian Affairs (BIA): (Provide name of
agency or agencies)

A.10 How many convictions for DUI/DWI offenses were
issued by your CFR court in calendar year 2014? (If
your justice system does DUI/DWI offenses. (Write
“N/A” for your answer.)

d. Monthly
e. More than once a month
f. Other: (Please describe)

a. DUI/DWI Offenses:

A.11 What are the available sanctions issued by the CFR
court for DUI/DWI convictions? (Select all that apply.)

A.16 What was the fiscal year (FY) 2014 operational
budget of your CFR court for adjudication functions,
excluding capital outlays for construction?1 (If you are
unable to provide the actual number please provide
your best estimate.)
$

a. Revoke driving privileges on the reservation
only
b. Suspension of driving privileges in the entire
state, including reservation
c. Counseling

A.17 Did any of the following sources provided funding for
your CFR court operations during 2014?

d. Fines
e. Jails
f. Other: (Please describe)

A.12 Does your CFR court share DUI/DWI conviction
information with state administering agencies (for
example: the Motor Vehicle Authority, DMV, etc.)?
a. Yes
b. No
A.13 Which of the following does your CFR court
recognize as acceptable evidence to determine Blood
Alcohol Content (BAC)? (Select all that apply.)
a. Breathalyzer

Source
a. Tribal appropriations
b. Self-Governance Compact
c. Public Law 93-638 Contract
d. Other BIA funding
e. Coordinated Tribal Assistance Solicitation
(CTAS) funding from the U.S. Department
of Justice (DOJ)
f. DOJ grants, other than CTAS funding
g. Substance Abuse and Mental Health
Services Administration (SAMHSA)
h. Other federal funding
i. State funding
j. Private foundations
k. Fines and other court costs
l. Other grant funding: (Please describe)

Yes





No













m. Other: (Please describe)



b. Blood tests
c. Standardized Field Sobriety Test (SFST)
d. Implied Consent
e. Other (Please describe)

1 Operating expenditures or budgets are defined as all recurring fixed and
variable costs associated with the management and administration of
your system. It does not include nonrecurring fixed capital costs such as
building construction and major equipment purchases.

A.14 Is there an entity that supervises conditions of release
imposed on defendants by your CFR court?
a. Yes
b. No
A.15 How often does your CFR court hold sessions or hear
cases?
a. Daily
b. Weekly
c. More than once a week

A.18 Were any of the following positions and services were
funded totally or in part by your CFR court’s operating
budget in 2014?
Core court positions and services
a. Magistrates (law school graduate)
b. Magistrates (non-law school graduate)
c. Prosecution/prosecutors (law school graduate)
d. Prosecution/prosecutors (non-law school
graduate)
e. Indigent defense services/public defender (law
school graduate)
f. Indigent defense services/public defender
(non-law school graduate)
g. Administration/court clerks
h. Bailiffs
i. Probation/parole
j. Law clerks
k. Court staff attorney
l. ICWA worker (child welfare)*
m. Juvenile services
n. Mental health treatment
o. Alcohol and drug treatment
p. Electronic monitoring program
q. Victim services/victim assistance services
r. Alternative to Incarceration programming and/
or staff

Yes





















A.20 How many of the following types of personnel were
employed by your CFR court in calendar year 2014?
NOTE: “Part-time” refers to any employee who works fewer
than 40 hours per week and includes job sharing. If you are
unable to provide the actual number, provide your best
estimate. If none, enter “0.” If a particular position does not
exist in your court, enter “N/A.”

Staff position
a. Tribal judges (law school graduate)
b. Tribal judges (non-law school
graduate)
c. Trial magistrate
d. Appellate court magistrate (law
school graduate)
e. Appellate court magistrate (nonlaw school graduate)
f. Parole or probation officer
g. Court administrator
h. Pretrial services staff
i. Community resources specialist
j. Court clerk
k. Court reporter
l. Staff attorney (does not include
prosecutor or public defender)
m. Law clerk
n. Tribal elder/peacemaker/other
traditional forum staff
o. Support staff
p. Other (Please describe)

*The Indian Child Welfare Act, 25 U.S.C. § 1902.

A.19 Which qualifications are required in order to serve
in the following CFR court positions? (Select all that
apply.)
Appellate
Trial
court
magistrates magistrates
a. Tribal member
b. Age minimum or maximum
c. Proficiency in native language
d. No felony conviction
e. Residency requirement
f. Accredited law school graduate
g. Member of state bar/licensed to
practice law by state where the
CFR court is located
h. Member of tribal bar/
licensed to practice law by tribe
i. Admitted to practice in federal
court
j. No requirements for position










Number of court
employees or
consultants
Full- Part- Volunteer/
time time unpaid
paid paid* appointee

q. TOTAL NUMBER OF EMPLOYEES
*Part-time refers to any employee or consultant who works fewer
than 40 hours per week and includes job sharing.

A.21 How are the following CFR court personnel selected
for their positions? (Select all that apply.)

a. Tribal Court
Judge
b. Magistrate
c. Appellate
magistrate
d. Court
administrator
e. Clerk of the court

Hired
Hired
under
as a BIA
contract employee

Appointed

Elected



A.22 Does your CFR court currently have a victim service
program?

 Do not track these case numbers
b. Civil:

a. Yes

 Do not track these case numbers

b. No (GO TO ITEM A24)

Section C: Prosecution and Indigent Defense

A.23 During 2014, did your CFR court receive federal and/
or state funding for victim services or programs?
(Select all that apply.)

C.1 Does your CFR court currently have a tribal prosecutor
or prosecutor’s office?

a. Federal
b. State

a. Yes

c. No outside funding was received.

b. No (GO TO C3)
C.2 How many prosecutors were employed in your CFR
court in calendar year 2014?

A.24 Does your CFR court rely on county or local
government social service agencies for court-ordered
treatment in juvenile and/or family cases?

NOTE: “Part-time” refers to any employee who works
fewer than 40 hours per week and includes job sharing.
If you are unable to provide the actual number, provide
your best estimate. If none, enter “0.” If a particular
position does not exist in your court, enter “N/A.”

a. Yes
b. No

Section B: Appellate System

Volunteer/
unpaid
Full-time Part-time appointee

a. Prosecutors (law school
graduate)
b. Prosecutors (non-law
school graduate
c. TOTAL NUMBER OF
PROSECUTORS

C.3 Does your CFR court currently have a tribal public
defender or defense office?

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.

a. Yes
b. No

If the case count is none, enter “0” as your answer.

C.4 How many public defenders were employed in your
CFR court in calendar year 2014?

If you do not track this information, please check the “Do
not track these case numbers” checkbox.

NOTE: “Part-time” refers to any employee who works
fewer than 40 hours per week and includes job sharing.
If you are unable to provide the actual number, provide
your best estimate. If none, enter “0.” If a particular
position does not exist in your court, enter “N/A.”

B.1 Does your justice system have a court of appeals,
participate in an inter-tribal appellate court, or
otherwise have an appellate process?
a. Yes (Please provide the official name of the highest
court of appeals. For example: Indian Court of
Appeals)

Volunteer/
unpaid
Full-time Part-time appointee

a. Public defenders (law
school graduate)
b. Public defenders (non-law
school graduate)
c. TOTAL NUMBER OF PUBLIC
DEFENDERS

 b. No (GO TO SECTION C)
B.2 How many appellate cases were filed in your CFR court
in the calendar year 2014?
a. Criminal:

C.5 To whom does your CFR court provide free criminal
defense services?

C.10 Who delivers your CFR court’s free civil legal services?
(Select all that apply.)

a. CFR court does not provide free criminal defense
services. (GO TO ITEM C8)

b. Tribal members
c. Nonmember Indians
d. Non-Indians

c. Contract counsel (nonsalaried private bar
members who contract with the tribal court to
provide court appointed representation in a
jurisdiction)

e. Other: (Please describe)

d. A neighboring tribal-legal services program

C.6 Are the criteria for free criminal defense services based
on income scale and ability to pay?

e. A non-profit legal services program, including
Indian Legal Services

a. Yes

f. A private law firm or office pro bono program

b. No

g. Other: (Please describe)

C.7 Who delivers your CFR court’s free criminal defense
services?

Section D: Pretrial, Probation and Reentry
Programs and Services
D.1 Does your CFR court operate a pre-trial diversion
program?2

c. Contract counsel (nonsalaried private bar
members who contract with the tribal court to
provide court appointed representation in a
jurisdiction)

a. Yes
b. No (GO TO ITEM D3)

d. A neighboring tribal-legal services program

D.2 Does your jurisdiction provide a diversion program
alternative prior to formally charging the defendant
with a crime?

e. A non-profit legal services program, including
Indian Legal Services
f. A private law firm or office pro bono program

a. Yes

g. Other: (Please describe)

b. No
D.3 Does your CFR court operate a pre-trial release
program?3

a. Yes

C.8 Does your CFR court provide free civil legal services for
a CFR court appearance?

b. No (GO TO ITEM D6)

a. Yes

2 Pretrial diversion (PTD) is an alternative to prosecution which seeks to
divert certain offenders from traditional criminal justice processing into a
program of supervision and services administered by the U.S. Probation
Service. In the majority of cases, offenders are diverted at the pre-charge
stage. Participants who successfully complete the program will not be
charged or, if charged, will have the charges against them dismissed;
unsuccessful participants are returned for prosecution.

b. No (GO TO SECTION D)
C.9 Are free civil legal services criteria based on income
scale and ability to pay?
a. Yes

3 Pretrial release (PTR) is the process of a defendant being released before
trial, with or without conditions. A defendant may be released on his or
her own recognizance or released on non-financial conditions that require
monitoring the defendant in the community. Non-financial conditions
may include regular contact with a pre-trial services program, drug
testing, curfew, or electronic monitoring.

b. No

D.4 Who carries out your CFR court’s pre-trial service
function? (Select all that apply.)

D.8 How is your CFR court’s probation department
funded? (Select all that apply.)

a. Pretrial services personnel

a. Federal grant program(s)

b. Probation personnel

b. Non-federal grant program(s)

c. Court administrator

c. Tribal budget

d. Law enforcement

d. Other: (Please describe)

e. Other: (Please describe)

D.9 Who oversees the probation function for your CFR
court?

D.5 Which of the following options are provided by your
CFR court regarding the release of a defendant from
detention prior to trial? (Select all that apply.)

a. CFR court
b. Law enforcement

a. Release on your own recognizance (ROR)
b. Bail

c. Probation is its own department within the tribal
justice system.

c. Held pending further hearing or trial

d. Corrections

d. Other: (Please describe)

e. Other: (Please describe)

Items D6–D13 pertain to your CFR court’s probation
program only.

D.10 How many probation officers does your CFR court
employ? (Include combined total for full- and part-time)

D.6 Does your CFR court have a probation program?

If no probation officers are employed, enter “0” as your
answer.

a. Yes

D.11 With which non-tribal jurisdiction(s) does your
CFR court probation program work to supervise
individuals who are on community supervision from
multi-systems? (Select all that apply.)

b. No (GO TO ITEM D14)
D.7 Who supervises individuals placed on community
supervision by the CFR court? (Select all that apply.)
a. A probation officer

a. Federal probation

b. A member of the community (for example: an
elder)

b. State probation
c. Local/municipal probation

c. A member of the probationer’s family

d. Private probation

d. CFR court judge

e. CFR court probation program does not work
with any non-tribal jurisdictions in this area.

e. Tribal court judge
f. Tribal police officer

D.12 Does your probation program complete and submit
any of the following to the CFR court? (Select all that
apply.)

g. Prosecutor
h. Court administrator

a. Presentence investigation report

i. Tribal police officer

b. Presentence recommendations

j. Nobody; we have unsupervised probation.

c. Monthly or periodic case updates

k. Other: (Please describe)

d. Violation reports

e. Other: (Please describe)

D.13 What was the total number of probation cases that
were active (both new and on-going) during 2014?

If you do not track this information, please check the “Do
not track these case numbers” checkbox.
E.1 Which type(s) of juvenile law-violating cases4 does your
CFR court handle? (Select all that apply.)

 Do not track these case numbers

a. CFR court does not handle juvenile law-violating
cases. (GO TO ITEM E10)

Items D14–D17 pertain to your CFR court’s reentry
program only.

b. Juvenile delinquency5

D.14 Does your CFR court supervise individuals coming
out of placement in a secure facility?

c. Status offense6 (for example: underage drinking,
tobacco smoking, truancy, running away)

a. Yes

d. All juvenile law-violating cases are treated as
juvenile dependency7 or child in need of care
matters.

b. No (GO TO SECTION E)
D.15 With which facilities does your CFR court work on
reentry supervision? (Select all that apply.)

e. Other: (Please describe)

a. Federal facilities

b. State facilities

c. County/municipal facilities

E.2 How many juvenile law-violating cases were filed in
calendar year 2014?

d. Tribal facilities (within the tribe)
e. Tribal facilities (outside of the tribe)

a. Juvenile delinquency cases

f. Other: (Please describe)

 Do not track these case numbers

b. Juvenile status offense cases (for example: underage
drinking, tobacco smoking, truancy, running away)

D.16 Does your CFR court operate a formal reentry
program involved in assisting tribal members
planning to return to your community?

 Do not track these case numbers
E.3 During 2014, what were the total number of juveniles
sentenced to the following? (Write “N/A” for your
answer if this does not apply).

a. Yes
b. No

a. Incarceration

D.17 Do your tribal communities have transitional living
facilities to assist tribal members returning to the
community?

b. Probation without incarceration
E.4 To which juveniles does your CFR court provide free
legal representation services in juvenile law-violating
cases? (Select all that apply.)

a. Yes
b. No

a. CFR court does not provide free legal
representation services in juvenile cases. (GO TO
ITEM E7)

Section E: Juvenile Cases

b. Tribal member juveniles

c. Nonmember Indian juveniles
d. Non-Indian juveniles
4 Any case involving a juvenile offender.

5 Acts committed by a juvenile that would be considered a criminal offense
if committed by an adult.
6 25 CFR § 11.900(m) - Status offense means an offense which, if
committed by an adult, would not be designated a crime under this part
or under an ordinance of the tribe.
7 For example: Child in Need of Protection or Child in Need of Aid cases.

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.
If the case count is none, enter “0” as your answer.
8

E.5 Are the criteria for free legal representation services
based on income scale and the family’s ability to pay?

i. Removal and placement in a familial or foster
home

a. Yes

j. Diversion programs

b. No

k. Curfew
l. Other: (Please describe)

E.6 Who provides free legal representation services in
juvenile law-violating cases? (Select all that apply.)

a. Tribal public defender program (fixed staff )

b. Assigned defender (appointed from a list of
private bar members who accept cases on a
judge-by-judge basis, court-by-court basis, or
case-by-case basis)

E.8 Does your CFR court ever handle juvenile law-violating
cases jointly with the state court (for example: through
a diversion program)?
a. Yes

c. Contract counsel (nonsalaried private bar
members who contract with the tribal court to
provide court appointed representation in a
jurisdiction)

b. No
E.9 Does your CFR court maintain a probation or parole
function for juveniles?

d. A neighboring tribal-legal services program

a. Yes

e. A non-profit legal services program, including
Indian Legal Services

b. No
E.10 Does your CFR court have or provide access to a
reentry program for tribal juveniles who have been
incarcerated?

f. A private law firm or office pro bono program
g. Other: (Please describe)

a. Yes

b. No
Items E11–E15 pertain to child welfare or dependency
matters only.

E.7 Excluding incarceration, which of the following
sentencing options does your CFR court use in
sentencing juveniles for law-violations. (Select all that
apply.)

E.11 Which type(s) of Indian child welfare or dependency
matter(s) 8 does your CFR court handle? (Select all that
apply.)

a. No other sentencing options
b. Drug or alcohol rehabilitation; random drug
testing

a. CFR court does not handle Indian child welfare
or dependency matters. (GO TO SECTION F)

c. Mental health assessment; counseling or therapy

b. Child abuse or neglect

d. Community service (for example: litter removal
from highways, community testimonials about
underage drinking or drug abuse)

c. Foster care placements
d. Termination of parental rights
e. Pre-adoptive placements

e. Fine; restitution

f. Adoptive placements

f. Victim-offender reconciliation (victim-offender
dialogue)

g. Guardianship
h. Other: (Please describe)

g. Electronic monitoring (For example: alcohol
monitoring bracelet)

h. Cultural or traditional alternatives

8 For example: Child in Need of Protection or Child in Need of Aid cases.

E.12 What was the total number of child welfare or
dependency cases filed in your CFR court in calendar
year 2014?

Section F: Domestic Violence and Protection
Orders

 Do not track these case numbers

E.13 How many Indian Child Welfare Act (ICWA) cases were
transferred from a state court to your CFR court in
calendar year 2014?

 Do not track these case numbers
E.14 During 2014, what was the total number of juveniles
sentenced to the following? (Write “N/A” for your
answer if this does not apply.)
a. Incarceration

NOTE: If you are unable to provide the actual case count
number, please provide your best estimate.

b. Probation without incarceration

If the case count is none, enter “0” as your answer.
E.15 Who provides free civil legal representation to
juveniles in dependency matters?

If you do not track this information, please check the “Do
not track these case numbers” checkbox.

a. CFR court does not provide free legal
representation services to juveniles in
dependency matters.

F.1 Does your CFR court issue restraining orders and/or
protection orders to protect someone from another
person committing the following acts? (Select all that
apply)

b. Tribal public defender program (fixed staff )

a. CFR court does not issue restraining orders and/
or protection orders. (GO TO ITEM F6)

c. Assigned defender (appointed from a list of
private bar members who accept cases on a
judge-by-judge basis, court-by-court basis, or
case-by-case basis)

b. Sexual violence
c. Violent or physical act

d. Contract counsel (nonsalaried private bar
members who contract with the CFR court to
provide court appointed representation in a
jurisdiction)

d. Threatening act
e. Harassment
f. Contact or communication with the victim

e. A neighboring tribal-legal services program

g. Physical proximity to another person

f. A non-profit legal services program, including
Indian Legal Services

h. Stalking
F.2 How many restraining orders and/or protection orders
did your CFR court issue in the calendar year 2014?

g. A private law firm or office pro bono program
h. Other: (Please describe))

 Do not track these numbers.

F.3 Does the state(s) in which the tribes under the
jurisdiction of this CFR court are located recognize
restraining orders and/or protection orders issued from
the CFR court?

E.16 Do children in dependency cases have access to
Guardian Ad Litem (GAL) and/or Court Appointed
Special Advocate (CASA) services?
a. GAL only

a. Yes

b. CASA only

b. No

c. Both GAL and CASA

c. Not sure/do not know

d. No access to either service

F.4 Does the CFR court enforce violations of valid state or
other tribal court-issued protection orders occurring
on the reservation as if it were the CFR court’s own
order?

Section G: Information Systems Access and
Data Entry
G.1 From what agencies/entities does your CFR court
access electronic data and to what agencies/entities
does your CFR court transmit electronic data? (Select all
that apply.)

a. Yes
b. No
c. Not sure/do not know

CFR court
accesses
electronic
data from

F.5 During 2014, how many criminal convictions for
violation of protection orders were issued by your CFR
court?
a. Local justice agency (county
or city)
b. State justice agency
c. FBI Criminal Justice Information
Services (CJIS)
d. BIA Office of Justice Services

Do not track these case numbers
F.6 How many domestic violence cases were filed in your
CFR court in calendar year 2014?9
 Do not track these case numbers
F.7 Did your CFR court receive any federal or state grants
and/or funding for domestic violence programming in
calendar year 2014?
a. Federal funding
b. State funding

Yes




CFR court
transmits
electronic
data to



e. Other tribes
f. Other: (Please describe)





g. None of the above



G.2 What method(s) does your CFR court use to manage
cases? (Select all that apply.)

9 Domestic violence refers to violence between married or cohabiting

a. Paper files

couples, as well as violence against other members of the offender’s
household, such as children, siblings, parents, elderly relatives, or other
family members of current or past intimate partners

b. Basic spreadsheets (for example: Excel, Access)
c. Basic text files (for example: Word, WordPerfect)
d. An automated case management system
e. Other: (Please describe)

G.3 With which of the following is your CFR court
electronically networked for the purpose of
transmitting criminal justice information? (Select all
that apply.)

a. Justice agencies within your tribe



b. Justice agencies within other tribes



c. Other justice agencies outside of your tribe
(federal, state, local)



The FBI Criminal Justice Information Services (CJIS) provides criminal justice database access and data entry for
criminal justice purposes.
G.4 Indicate which entities in your CFR court system have the ability to conduct the following activities with CJIS. (Select all
that apply.)
The state conducts this
activity through an
CFR court Tribal law
agreement on behalf of
personnel enforcement the tribe
a. Enter court disposition data
b. Enter protective orders into the National Crime
Information Center (NCIC) Protection Order Filea
c. Enter sex offenders into the National Sex Offender
Registry (NSOR)
(NOTE: NCIC file–not NSOPW)b

BIA conducts this
activity on behalf
of the tribe

No access



aThe National Crime Information Center (NCIC) is a comprehensive crime-related database by the FBI’s Criminal Justice Information Services Division

(CJIS).

bThe National Sex Offender Registry is a tracking system maintained and utilized by CJIS and cooperating agencies to track the location of convicted

sex offenders.

G.5 To which of the following criminal history repositories
does your CFR court submit final case disposition
information (for example: convictions, protections
orders)? (Select all that apply.)

G.8 Does your CFR court operate its own victim
notification system?
a. Yes

a. Tribal repository

b. No

b. Federal repository (for example: FBI CJIS)

c. Not sure/do not know
G.9 Does your CFR court have an agreement with the state
to participate in a state victim notification system?

c. State repository
d. Local repository

a. Yes

e. None of the above

b. No

G.6 Do tribes under the jurisdiction of this CFR court
maintain a sex offender registry?

c. Not sure/do not know
G.10 Does your CFR court maintain a restraining order
and/or protection order registry?

a. Yes
b. No (GO TO ITEM G8)

a. Yes

G.7 How does your CFR court post this registration
information to the sex offender registry? (Select all that
apply.)

b. No
c. Not sure/do not know

a. CFR court posts through the state sex offender
registry (connected to the National Sex Offender
Public Website).

The survey is now complete. Thank you for taking part in
the 2014 National Survey of Tribal Court Systems: Code of
Federal Regulations Courts.

b. CFR court posts through a tribal sex offender
registry (connected to the National Sex Offender
Public Website).

c. CFR court posts through a tribal sex offender
registry (NOT connected to the National Sex
Offender Public Website).

Again, thank you for your cooperation in this important
data collection effort. Your responses are critically
important to the success of this survey.

d. CFR court does not obtain or post initial sex
offender registry information.
e. Other: (Please describe)

U.S. Department of Justice (DOJ), Office of Justice Programs
Bureau of Justice Statistics (BJS)
2012 National Survey of Tribal Court Systems (NSTCS)
Expert Panel Meeting
May 16-17, 2012

AGENDA
DAY ONE – May 16, 2012

Kauffman & Associates, Inc.
1100 Wayne Avenue, Suite 1010
Conference Room 1
Silver Spring, MD 20910

9:00 am – 9:15 am

Opening
Traditional Greeting
Welcome
Overview of Agenda

Ramya Sundararaman
Biva Ranjeet

9:15 am – 9:30 am

Introductions
Expert Panel Members
DOJ Staff
KAI Staff
TLPI Staff

9:30 am – 10:30 am

Background: Implementing a culturally-centered
National Survey of Tribal Court Systems, & Overview of
the Survey Process

10:30 am – 10:45 am

Break

10:45 am – 11:15 am

Tribal Law and Order Act
Policy Issues
Tribal Court Survey Congruence

Jerry Gardner
Steven Perry

11:15 am – 12:00 pm

Tribal Court System & the Universe of Tribal Courts

Joseph Little

12:00 – 1:15 pm

Lunch on your own

1:15 pm – 2:45 pm
1:15 pm – 2:10 pm
2:15 pm – 2:45 pm

Survey Review Part I (Sections A-C)
Breakout groups
Report-out Discussion

2:45 pm – 3:00 pm

Break

3:00 pm – 4:45 pm
3:00 pm – 3:55 pm
4:00 pm – 4:30 pm

Survey Review Part II (Sections D-G)
Breakout Groups
Report-out Discussion

Expert Panel
Biva Ranjeet
Bijal Shah

4:45 pm – 5:00 pm

Recap of Day One/Preparation for Day Two

Steven Perry
Biva Ranjeet

Steven Perry

Expert Panel
Biva Ranjeet
Bijal Shah

DAY TWO – May 17, 2012
U.S. Department of Justice
Office of Justice Programs
Video Conference Room, 3500
810 Seventh Street, NW
Washington, DC 20531

9:00 am – 9:15 am

Day Two Overview

Steven Perry

9:15 am – 9:30 am

Welcome and Brief Remarks

Dr. James Lynch
BJS Director

9:30 am – 10:45 am

Survey Review Part III (Sections H-L)
Breakout Groups

Expert Panel
Biva Ranjeet
Bijal Shah

10:45 am – 11:00 am

Break

11:00 am – 11:45 am

Survey Review Part III Cont’d (Sections H-L)
Report-out Discussion

Expert Panel
Biva Ranjeet
Bijal Shah

11:45 am – Noon

Overall Survey Discussion

Bijal Shah

Noon – 1:00 pm

Lunch on your own

1:00 pm – 2:00 pm

NSTC Survey Methodology

Steven Perry

2:00 pm – 2:30 pm

Wrap-up
Meeting Recap
Next Steps
Traditional Closing

Steven Perry
Biva Ranjeet

DOJ
Name
1

Steven W. Perry

Title
Statistician and Program Manager

Phone

[email protected]

(202) 307-0777

[email protected]

(651) 523-2077

[email protected]

(775) 327-8202

[email protected]

(315) 443-9558

[email protected]

(907) 452-8251

[email protected]

(505) 842-1122

[email protected]

(720) 479-2950

[email protected] (Admin)

(928) 871-7669

[email protected]

(701) 854-3807

Project Director
Statistician

[email protected]
[email protected]

Director, RESEARCH AND EVALUATION
Senior Evaluator
Consultant
Research Specialist
Research Specialist
Research Specialist

[email protected]

[email protected]
[email protected]
[email protected]
[email protected]
[email protected]

(240) 863-0365
(240) 863-0372
(240) 863-0364
(301) 588-6800
(505) 908-8623
(240) 863-0371
(240) 863-0362
(240) 863-0376

[email protected]
[email protected]

(323) 650-5467
(323) 650-5467

PROSECUTION AND ADJUDICATION

Expert Panel

Clinical Professor

Mary Jo Brooks Hunter

HAMLINE UNIVERSITY SCHOOL OF LAW

Christine Folsom-Smith

THE NATIONAL TRIBAL JUDICIAL CENTER

Program Attorney
Executive Director

Carrie Garrow

Lisa Jaeger

THE CENTER FOR INDIGENOUS LAW,
GOVERNANCE, & CITIZENSHIP
COLLEGE OF LAW
SYRACUSE UNIVERSITY

Tribal Government Specialist
TANANA CHIEFS CONFERENCE

President/Owner

Ada Pecos Melton

Jill Tompkins

Herb Yazzie

William Zuger

10
11
12
13
14
15
16
17

Biva Ranjeet
Bijal Shah
Ramya Sundararaman
Margaret Hale
Joseph Little
Jason Crawford
Roseanne David
Sherri Berdine

AMERICAN INDIAN DEVELOPMENT
ASSOCIATES

Senior Director
INDIAN CHILD WELFARE PROGRAMS
CASEY FAMILY PROGRAMS
Chief Justice

THE SUPREME COURT OF THE NAVAJO NATION

Chief Judge

STANDING ROCK SIOUX TRIBE

KAI

TLPI
18
19

Jerry Gardner
Heather Valdez Singleton

Executive Director
Program Director

U.S. Department of Justice (DOJ), Office of Justice Programs
Bureau of Justice Statistics (BJS)
2012 National Survey of Tribal Court Systems (NSTCS)
Tribal Court Leadership Meeting
August 21-22, 2012

AGENDA
DAY ONE – August 21, 2012

Pavilion C
Hilton Garden Inn Rapid City
815 E. Mall Drive
Rapid City, SD 57701

9:00 am – 9:15 am

Opening
Traditional Greeting
Welcome
Overview of Agenda

JoAnn Kauffman
Biva Ranjeet

9:15 am – 9:30 am

Introductions
Tribal Court Leadership Members
Department of Justice (DOJ), Bureau of Justice
Statistics (BJS)
Kauffman Associates, Inc. (KAI) and Consultants
Tribal Law and Policy Institute (TLPI)

9:30 am – 10:15 am

Background/Benefits: Implementing a CulturallyCentered National Survey of Tribal Court Systems and
Overview of the Survey Process

10:15 am – 10:45 am

Initial Response to draft NSTCS Pilot Test:
General response from Tribal Court Leadership Team
regarding the Survey

10:45am – 11:00 am

Break

11:00am – 11:30am

Tribal Law and Order Act (TLOA) Enhanced
Sentencing Provisions
Policy Issues and Tribal Court Survey Congruence
GAO Report and Section 234 Enhanced Sentencing
VAWA Reauthorization - Tribal Jurisdiction section

Jerry Gardner

11:30 am – Noon

NSTCS Methodology including discussion of OMB
clearance, Tribal IRBs, use of data by BJS, etc.

Steven Perry

Noon – 1:15 pm

Lunch on your own

1:15 pm – 2:45 pm

NSTCS Review & Comment: Part I (Sections A-D)
 Section A: Tribal Court Systems

Steven Perry





Section B: Tribal Court Administration,
Code and Case Law
Section C: Appellate Process
Section D: Traditional Forum

2:45 pm – 3:00 pm

Break

3:00 pm – 4:45 pm

NSTCS Review & Comment: Part II (Sections E-G)
 Section E: Tribal Court System Operations
 Section F: Tribal Prosecution
 Section G: Public Defense
and Civil Legal Services

4:45 pm – 5:00 pm

Recap of Day One/Preparation for Day Two

Steven Perry

DAY TWO – August 22, 2012
Pavilion C
Hilton Garden Inn Rapid City
815 E. Mall Drive
Rapid City, SD 57701

9:00 am – 9:15 am

Day Two Overview

JoAnn Kauffman

9:30 am – 10:45 am

NSTCS Review & Comment:
Part III (Sections H-K)
 Section H: Enhanced Sentencing Authority
 Section I: Information Systems Access
and Data Entry
 Section J: Juvenile Justice and Delinquency
 Section K: Law Enforcement

Tribal Court Leadership
Team

10:45 am – 11:00 am

Break

11:00 am – Noon

Alaska and CFR-Specific Survey Strategy

Noon – 1:15 pm

Lunch on your own

1:15 pm – 3:00 pm

Wrap-up
Meeting Recap
Next Steps
Traditional Closing

Tribal Court Leadership
Team

Steven Perry
Biva Ranjeet

2012 NSTCS Tribal Court Judges Meeting Contact List
Name

Title

Phone

[email protected]

(360) 716-4776

[email protected]

(828) 497-1077

[email protected]

(760) 215-3848

[email protected]
[email protected]

(505) 989-4969
(907) 785-6471
ext. 124

[email protected]

(701) 777-6176

[email protected]

(405) 878-4844

[email protected]

(907) 842-6136

[email protected]

(605) 747-2278

[email protected]

(269) 783-0505

[email protected]

(505) 908-2817

[email protected]

(907) 747-2814

Statistician and Program Manager
Bureau of Justice Statistics

[email protected]

(202) 307-0777

President
Consultant
Project Director

[email protected]
[email protected]
[email protected]

(509) 789-2662
(505) 908-8623
(240) 863-0365

Tribal Court Leadership Panel
1

Gary Bass

William Boyum

Anthony Brandenburg

Roman Duran

Mike Jackson

B.J. Jones

Philip Lujan

Kimberly Martus

Sherman Marshall

Michael Petoskey

William Platero

David Voluck

Judge
Tulalip Tribes Tribal Court
Chief Justice
Eastern Band of Cherokee Supreme Court
Chief Justice
Intertribal Court of Southern California
Judge
Pueblo of Tesuque Tribal Court
Tribal Court Director
Organized Village of Kake
Chief Judge
Sisseton-Wahpeton Tribal Court
Chief District Judge
Citizen Potawatomi Nation
Tribal Court Enhancement Program Manager
Bristol Bay Native Association
Chief Judge
Rosebud Sioux Tribal Court
Chief Judge
Pokagon Band of Potawatomi
District Judge
Tohajiilee District Court
Magistrate/Judge
Central Council of Tlingit and Haida Tribes

Department of Justice
13
14
15
16

Steven W. Perry
Jo Ann Kauffman
Joseph Little
Biva Ranjeet

Kauffman & Associates, Inc.

Tribal Law & Policy Institute
17
18

Jerry Gardner
Heather Valdez Singleton

Executive Director
Program Director

[email protected]
[email protected]

(323) 650-5467
(323) 650-5467

U. S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Washington, D.C. 20531

February 2, 2012

Dear Tribal Leader,
On behalf of the Bureau of Justice Statistics (BJS), U.S. Department of Justice, Kauffman &
Associates, Inc. (KAI) is conducting the 2012 National Survey of Tribal Court Systems
(NSTCS-12). The goal of this survey is to follow up on our 2002 census and expand our
understanding of justice agency operations in tribal jurisdictions. Your respective tribal court is one
of approximately 300 selected to participate and we must verify the respondent and contact
information.
The Tribal Law and Order Act (TLOA) provides that BJS is to establish and implement a tribal data
collection system and report to Congress annually the data collected and analyzed in accordance
with the act. (P.L. 111-211, 124 Stat. 2258, § 251(b)). The Omnibus Crime Control and Safe Streets
Act of 1968, as amended (42 U.S.C. 3732), authorizes this information collection. The request for
information is in accordance with the clearance requirement of the Paperwork Reduction Act of
1980, as amended (44 U.S.C. 3507).
The NSTCS is part of a multifaceted effort by BJS to expand statistical activities related to
American Indian and Alaska Native crime and justice issues. The NSTCS will gather
administrative and operational information about tribal court systems, including, but not limited to,
staffing, budgets, types of courts, caseloads, access to justice databases and sex offender
registration, criminal and civil codes, prosecutors, indigent defense providers, sentencing, and
treatment programs.
We urgently need and appreciate your immediate cooperation to make the results comprehensive,
accurate, and timely. Please review the Tribal Court Verification Sheet enclosed. If you are able to
complete the information requested, please do so and submit your responses to KAI by March 15,
2012. A flyer that provides a succinct explanation of the NSTCS is also enclosed. Thank you in
advance for your cooperation in this important data collection effort.

Sincerely,

James P. Lynch
Director, Bureau of Justice Statistics
Enclosures (2)

TRIBAL COURT VERFICATION SHEET
You may confirm your tribal court information through one of the following methods no later than
March 30, 2012:
o
o
o

Complete the information below and mail the verification sheet in the enclosed
self-addressed stamped envelope.
Email your responses to [email protected].
Fax your verification sheet to KAI at 301-588-6801.

Please provide the requested point of contact information to ensure the timely delivery and
completion of the NSTCS-12.

Name of Tribe:

_________________________________________________

Name of Tribal Court: _________________________________________________

Name of Tribal Court Administrator; Chief Judge or Judicial Officer:
_________________________________________________

Court Address:
_________________________________________________

City, State, and ZIP:

_________________________________________________

Phone:

_________________________________________________

Fax:

_________________________________________________

Email Contact:

_________________________________________________

Please mark all of the types of court systems operating within your jurisdiction:
 Indigenous forums
 Appellate
 Court of Indian Offenses (CFR)
 Tribal court/Inter-tribal court system based on codes or constitutions

U. S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Washington, D.C. 20531

December 5, 2012

Dear Sir or Madame,
On behalf of the U.S. Department of Justice and the Office of Justice Programs, Bureau of Justice
Statistics (BJS), Kauffman & Associates, Inc. (KAI) is conducting the 2012 National Survey of
Tribal Court Systems (NSTCS-12). Your tribal court is one of approximately 300 selected to
participate and we are writing to ask that you verify your tribal court’s respondent and
contact information.
The Tribal Law and Order Act provides that BJS is to establish and implement a tribal data
collection system and report to Congress annually the data collected and analyzed in accordance
with the act (P.L. 111-211, 124 Stat. 2258, § 251(b)). The Omnibus Crime Control and Safe Streets
Act of 1968, as amended (42 U.S.C. 3732), authorizes this information collection. The request for
information will be in accordance with the clearance requirement of the Paperwork Reduction Act
of 1980, as amended (44 U.S.C. 3507).
The NSTCS-12 is part of a multifaceted effort by BJS to expand statistical activities related to
American Indian and Alaska Native crime and justice issues. The NSTCS-12 will gather
administrative and operational information about tribal court systems, including but not limited to
staffing, budgets, types of courts, caseloads, access to justice databases and sex offender
registration, criminal and civil codes, prosecutors, indigent defense providers, sentencing, and
treatment programs.
Please help ensure that our records are current by verifying your tribal court’s contact information:
1. Visit www.tribalcourtsurvey.org/verify
2. Register using your unique passphrase: X0000X
3. Update your tribal court’s contact information.
Please provide the information requested no later than January 7th, 2013. A flyer that provides
additional information on the NSTCS-12 is also enclosed or you may visit our web site. If you
experience any issues accessing the web site please contact KAI at [email protected] or
at (877) 528-4025. Thank you in advance for your cooperation on this important data collection
effort.
Sincerely,

James P. Lynch, Ph.D.
Director
Enclosure: NSTCS-12 FLYER

2014 NATIONAL SURVEY
OF TRIBAL COURT SYSTEMS
The U.S. Department of Justice (DOJ) Office of Justice Programs (OJP) Bureau of Justice
Statistics (BJS) is pleased to announce that it will conduct the 2014 National Survey of Tribal
Court Systems (NSTCS). As the statistical agency for the Department of Justice, BJS is responsible
for the collection, analysis, publication, and dissemination of statistical information on crime,
criminal offenders, victims of crime, and the operations of criminal justice systems at all
levels of government. The Tribal Law and Order Act of 2010 mandates BJS “establish and
implement such tribal data collection systems as the BJS Director determines to be
necessary.”[1] On behalf of BJS, Kauffman & Associates, Inc. (KAI), a Native-owned research firm,
will administer the survey.

Implementation of the NSTCS is part of a multifaceted
effort by BJS to expand statistical activities related to

WHO: Each federally recognized tribe in the
U.S. will be contacted to verify and d eterm i ne the

tribal crime and justice issues. In support of BJS’s
efforts, KAI will contact the approximately 200 to 300

operation of a recognized judicial system. [2]

federally recognized tribal justice systems in the United
States and gather information about the following
topical areas:

WHAT:

Respondents

will

complete

automated instrument or paper version and
submit to KAI.
WHEN: Tribal courts should expect to receive

•

Tribal Justice Systems

the survey materials in early 2015.

•

Tribal Court Administration

WHY: The NSTCS will

•

Appellate Systems

benefits for tribes, update the 2002 Census

•

Tribal Court System Operations

of Tribal Agencies, serve as an authenticated
source for tribal court statistics, foster greater

•

Tribal Prosecution

transparency in addressing the problems of

•

Public Defense and Civil Legal Services

•

Pretrial, Probation and Reentry Programs and Services

crime and justice in Indian Country, and enrich
tribal eligibility for justice program funding

•

Juvenile Cases

•

Domestic Violence and Protection Orders

•

Enhanced Sentencing Authority

•

Information Systems Access and Data Entry

provide long-term

resources, prevention programs, and
services.
WHERE: Tribes

may

find

42 U.S.C. § 3732(d)(2)

[2]

As defined in the Indian Tribal Justice Technical and Legal Assistance Act of 2000
(PL 106-559), the term “tribal court”, “tribal court system”, or “tribal justice system”
means the entire judicial branch, and employees thereof, of an Indian tribe,
including, but not limited to, traditional methods and fora for dispute resolution,
trial courts, appellate courts, including inter-tribal appellate courts, alternative
dispute resolution systems, and circuit rider systems, established by inherent
tribunal authority whether or not they constitute a court of record. This definition

excludes CFRs (Courts of Indian Offenses) operated b y t h e B I A and courts
operated by t h e s t a t e or federal government. CFRs will be included in the
2013 NSTCS.

additional

information on the NSTCS via the website:
www.tribalcourtsurvey.org, b y p h o n e a t
1-877-528-4025, or
by
e mail
at
NSTC [email protected] .

[1]

justice

Dear Sir or Madame,
Recently your tribal court received a letter from the U.S. Department of Justice and the Office of Justice
Programs, Bureau of Justice Statistics (BJS) and Kauffman & Associates, Inc. (KAI), asking that you please
verify your tribal court’s respondent and contact information.
We would like to again ask that you please visit the site and finish confirming/verifying your court’s
information as soon as possible. Please use the following steps to complete this process:
1) Go to www.tribalcourtsurvey.org/verify and click on “Sign in”
2) Login with the email and password information used when you created your account.
 If you need to reset your password, you can do so here:
https://www.tribalcourtsurvey.org/login.cfm?a=forgot
3) Check to ensure that your tribal court’s contact information is up‐to‐date. Please make any
corrections as necessary.
4) Once you have verified that the information is correct, click on the “Approve” button located at
the top of the web page.
(PLEASE NOTE: This is to verify your tribal court’s contact information, and is not a link to complete the
National Survey of Tribal Court Systems.)
Also, please note that you can verify your tribal court information past the deadline originally stated in
the letter received by your tribal court. If you experience any issues accessing the web site, please reach
out to KAI at [email protected] or at (877) 528‐4025 and we will address the issue immediately.
Again, we are very grateful for your time and attention regarding this matter.
Sincerely,
Adrienne Wiley
Adrienne Wiley, MSW, MID, Project Manager
Kauffman & Associates, Inc.
T:240-863-0360 C: 301-943-1069
www.kauffmaninc.com• [email protected]
“We Do Work That Matters”
GSAContract Holder

U. S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Washington, DC 20531

DATE
NAME, TITLE
STREET ADDRESS
CITY, STATE ZIP
Dear NAME,
On behalf of the U.S. Department of Justice and the Office of Justice Programs, Bureau of Justice Statistics (BJS),
Kauffman & Associates, Inc. (KAI) is conducting the 2014 National Survey of Tribal Court Systems (NSTCS13). Your tribal court is one of approximately 300 selected to participate. The NSTCS-14 will be distributed to
tribal justice systems across Indian Country in early-2015.
The Tribal Law and Order Act provides that BJS is to establish and implement a tribal data collection system and
report to Congress annually the data collected and analyzed in accordance with the act (P.L. 111-211, 124 Stat.
2258, § 251(b)). The Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. 3732),
authorizes this information collection. The request for information will be in accordance with the clearance
requirement of the Paperwork Reduction Act of 1980, as amended (44 U.S.C. 3507).
The NSTCS-14 is part of a multifaceted effort by BJS to expand statistical activities related to American Indian
and Alaska Native crime and justice issues. The NSTCS-14 will gather administrative and operational information
about tribal court systems, including but not limited to staffing, budgets, types of courts, caseloads, access to
justice databases and sex offender registration, criminal and civil codes, prosecutors, indigent defense providers,
sentencing, and treatment programs.
A brochure that provides additional information on the content of the NSTCS-14 is enclosed for your review.
Additional information is also available at the NSTCS-14 website: http://www.tribalcourtsurvey.org.
If you any questions or comments about the NSTCS-14, please contact KAI at [email protected] or at 1877-528-4025. Thank you in advance for your cooperation on this important data collection effort.
Sincerely,

William J. Sabol, Ph.D
Acting Director
Bureau of Justice Statistics
Enclosure: NSTCS-14 Brochure

 Alternatives to incarceration (other than
probation)?

General Information
The 2014 National Survey of Tribal
Court Systems (NSTCS), developed by
the U.S. Department of Justice, Bureau of Justice Statistics (BJS), covers
topics like tribal court administration,
operations, staffing, caseloads, parole
and probation, information systems,
and more. This survey is being sent to
all federally recognized tribes in the
United States with a court system.
The NSTCS will be administered on
behalf of BJS by Kauffman & Associates, Inc., a Native-owned research
firm.
This brochure is intended to give you
a glimpse of survey questions so you
can gather the information needed to
complete the survey quickly and efficiently. The survey is made up of a
mixture of multiple choice and fill-inthe-blank questions. It is understood
that not all the categories will pertain
to your tribal court, and the survey is
designed to accommodate these variances. Upon completion of the study
BJS will distribute the findings from
the 2014 NSTCS.
If you have any questions,
please email NSTCS at:
[email protected],
or call NSTCS at: 1-877-528-4025.

Section I. Information Systems Access
and Data Entry
 Methods used to manage cases?
 With whom is your tribal court electronically
networked for the purpose of transmitting
criminal justice information?

 How does your tribal court post registration
information to the sex offender registry?
 Does your tribe operate its own victim
notification system?
 Does your tribal court maintain a restraining
order and/or protection order registry?

2014 National
Survey of Tribal
Court Systems
Lower 48 Survey
Reference List of Select
Question Items

Section A. Tribal Justice Systems

Section D. Appellate System

 Total number of your enrolled tribal members in
2014?

 Number of individual judges who hear each
appellate court case?

 Total resident population on your reservation,
tribal land, or village in 2014?

 Number of appellate cases (both criminal and
civil) filed 2014?

 Which law enforcement agencies provide the
policing function on your reservation, tribal land,
tribal community, or village?
 Types of tribal court systems operating in your
tribal jurisdiction?
Section B. Tribal Court Administration
 Number of civil cases filed in your tribal court in
2014? (Both traffic and non-traffic cases)
 Number of criminal cases filed in your tribal court
in 2014?
 Number of criminal cases filed involving a nonIndian defendant?
 How are tribal laws and codes are made available
to the public?
 Qualifications for jury service?
Section C. Tribal Court System Operations
 How often does your tribal court hold sessions or
hear cases?
 Fiscal year 2014 operational budget?

 Which sources provided funding for your tribal
court operations in 2014?
 Positions and services funded by your tribal
court’s operating budget in 2014?
 Qualifications required to serve as a trial or appellate court judge?
 Types and number of personnel employed by
your tribal court in 2014?
 Number of DUI/DWI convictions in 2014?
 Does your tribal court rely on county or local
government social service agencies for courtordered treatment in juvenile and/or family
cases?

Section E. Tribal Prosecution

 Number of juvenile law-violating cases filed in
2014 (both delinquency and status 57
offense
cases)?
 Types of juvenile law-violating cases your tribal
court handles?
 Who provides free legal representation in
juvenile law-violating cases?

 Qualifications required to serve as a chief or assistant prosecutor?

 Sentencing options used in juvenile law-violating
cases?

 How are prosecutor’s office personnel selected
for their positions (appointed, elected, hired under contract, or hired as a tribal employee)?

 Does your tribal court maintain a probation or
parole function for juveniles?

 Does your tribe have a contract with a local or
private attorney to provide prosecution services?
Section F. Public Defense and Civil Legal Services

 Types of Indian child welfare or dependency
matters your tribal court handles?
 Number of child welfare or dependency cases
filed in 2014?

 Qualifications required to serve as chief public
defender, assistant public defender or a lay
advocate?

 Number of Indian Child Welfare Act (ICWA) cases were transferred from a state court to your
tribal court in 2014?

 To whom does your tribe provide free criminal
defense services?

Section I. Domestic Violence
and Protection Orders

 Who delivers your tribe’s free criminal defense
services?

 Number of restraining orders and/or protection
orders filed in 2014?

 Who delivers your tribe’s free civil legal services?

 Number of domestic violence cases filed in
2014?

Section G. Pretrial, Probation and Reentry
Programs and Services

 Does your tribal court operate a:
Pre-trial diversion program
Pre-trial release program
Probation program
 Number of probation officers employed?
 Number of active probation cases in 2014?
 Does your tribal justice system operate a formal
reentry program involved in assisting tribal
members planning to return to your
community?
Section H. Juvenile Cases
 Types of juvenile law-violating cases handled by
your tribal court?

 Does the state recognize restraining orders and/
or protection orders issued from the tribal
court?
Section J. Enhanced Sentencing Authority
 Does your tribe currently exercise the enhanced
sentencing authority provided by the Tribal Law
and Order Act (TLOA)?
 If no, what factors (if any) has your tribe
identified as preventing it from exercising the
enhanced sentencing authority under TLOA?
 How does your tribal court record court proceedings?
 Criminal sentencing options currently used for
adults?

2014 National
Survey of Tribal
Court Systems
Alaska Survey

This brochure is intended to give you
a glimpse of survey questions so you
can gather the information needed to
complete the survey quickly and efficiently. The survey is made up of a
mixture of multiple choice and fill-inthe-blank questions. It is understood
that not all the categories will pertain
to your tribal court, and the survey is
designed to accommodate these variances. Upon completion of the study
BJS will distribute the findings from
the 2014 NSTCS.
If you have any questions,
please email NSTCS at:
[email protected],
or call NSTCS at: 1-877-528-4025.

Reference List of
Select Question Items

National Survey of Tribal
Court Systems
[email protected]
1-877-528-4025

Section A. Tribal Justice Systems
 Total number of enrolled tribal members in
2014?
 Total resident population on your reservation, tribal land, or village in 2014?
 Which law enforcement agencies provide the
policing function on your reservation, tribal
land, tribal community, or village?
 Is your tribe or village subject to Public Law
280 Jurisdiction held by the state?
Section B. Tribal Court Administration
 How long has your tribal court been operational?
 Number of civil cases filed in your tribal
court (both traffic and non-traffic cases)?

 How are tribal law and codes made available
to the public?
 Does the state recognize your tribal court’s
orders in the following types of court cases:
Child protection (ICWA)
Child support
Domestic violence
Juvenile delinquency
Paternity
Private child custody (parent v. parent)
Other
Section C. Tribal Court System Operations
 Fiscal year 2014 operational budget?
 Which sources provided funding for your
tribal court operations during 2014?

 Types and number of positions and services
funded by the court’s operating budget in
2014?
 Does your tribal court currently have a victim
service program?

 Number of DUI/DWI convictions in 2014?
 Does your tribal court rely on county or local
government social service agencies for courtordered treatment in juvenile and/or family
cases?
Section D. Appellate System
 Number of appellate cases filed by your tribal
court (criminal and civil) in 2014?
Section E. Tribal Prosecution and
Indigent Defense

 Does your tribal court maintain a probation or
parole function for juveniles?
 Types of Indian child welfare or dependency
matters handled by your tribal court?
 Number of child welfare or dependency cases
(for example: Child in Need of Protection or
Child in Need of Aid cases) filed in 2014?
Section F. Domestic Violence
and Protection Orders
 Number of restraining orders and/or protection
orders filed in 2014?

 Does your tribe have a contract with a local or
private attorney to provide prosecution
services?

 Number of domestic violence cases filed in
2014?

 How are prosecutor’s office personnel selected
for their positions?

 Does the state recognize restraining orders
and/or protection orders issued from the tribal
court?

 How are public defense office personnel
selected for their positions?
Section F. Pretrial, Probation and
Reentry Programs and Services
 Does your tribal court operate a:
Pre-trial diversion program
Pre-trial release program
Probation program

 Number of probation officers employed?
 Number of active probation cases in 2014?
 Does your tribal justice system operate a formal
reentry program involved in assisting tribal
members planning to return to your
community?
Section G. Juvenile Cases

 Types of juvenile law-violating cases handled by
your tribal court?
 Number of juvenile law-violating cases filed in
2014 (both delinquency and status offense
cases)?

Section G. Information Systems Access
and Data Entry
 Methods used to manage cases?
 With whom is your tribal court electronically
networked for the purpose of transmitting
criminal justice information?
 How does your tribal court post registration
information to the sex offender registry?
 Does your tribe operate its own victim
notification system?
 Does your tribal court maintain a restraining
order and/or protection order registry?

2014 National
Survey of Tribal
Court Systems
CFR Court Survey

This brochure is intended to give you
a glimpse of survey questions so you
can gather the information needed to
complete the survey quickly and efficiently. The survey is made up of a
mixture of multiple choice and fill-inthe-blank questions. It is understood
that not all the categories will pertain
to your CFRcourt, and the survey is
designed to accommodate these variances. Upon completion of the study
BJS will distribute the findings from
the 2014 NSTCS.
If you have any questions,
please email NSTCS at:
[email protected],
or call NSTCS at: 1-877-528-4025.

Reference List of
Select Question Items

National Survey of CFRCourt Systems
[email protected]
1-877-528-4025

Section A. Administration and Operation

 Who delivers your CFR court’s free criminal defense services?

 Which tribes are under the jurisdiction of this
Code of Federal Regulations (CFR) court?

 Who delivers your CFR court’s free civil legal services?

 Which law enforcement agencies provide the
policing function on the Indian country over
which your CFR court has jurisdiction?
 How long has your CFR court been operational?

Section D. Pretrial, Probation and
Reentry Programs and Services

 Number of civil cases filed in 2014 (both
traffic and non-traffic cases)?
 Number of criminal cases field in 2014?

 Does your CFR court operate a:
Pre-trial diversion program
Pre-trial release program
Probation program

Section F. Domestic Violence
and Protection Orders
 Number of restraining orders and/or protection
orders filed in 2014?
 Number of domestic violence cases filed in
2014?
 Does the state recognize restraining orders
and/or protection orders issued from the CFR
court?
Section G. Information Systems Access
and Data Entry

 How often does your CFR court hold sessions
or hear cases?

 Number of probation officers employed?

 Methods used to manage cases?

 Number of active probation cases in 2014?

 Fiscal year 2014 operation budget?

 Does your CFR court operate a formal reentry
program involved in assisting tribal members
planning to return to your
community?

 With whom is your CFR court electronically networked for the purpose of transmitting
criminal justice information?

 Which sources provided funding for your CFR
court operations during 2014?
 Types and number of positions and services
funded by the court’s operating budget in
2014?
 Does your CFR court currently have a victim
service program?
 Number of DUI/DWI convictions in 2014?
 Does your CFR court rely on county or local
government social service agencies for courtordered treatment in juvenile and/or family
cases?
Section B. Appellate System
 Number of appellate cases filed by your CFR
court in 2014 (both criminal and civil)?
Section C. Prosecution and
Indigent Defense
 Does your CFR court currently have a tribal
prosecutor or prosecutor’s office?
 Does your CFR court currently have a tribal
public defender or defender’s office?

Section E. Juvenile Cases
 Types of juvenile law-violating cases handled by
your CFR court?
 Number of juvenile law-violating cases filed in
2014 (both delinquency and status offense
cases)?
 Who provides free legal representation in
juvenile law-violating cases?
 Sentencing options
 Does your CFR court maintain a probation or
parole function for juveniles?
 Types of Indian child welfare or dependency
matters handled by your CFR court?

 Number of child welfare or dependency cases
(for example: Child in Need of Protection or Child
in Need of Aid cases) filed in 2014?

 How does your CFR court post registration
information to the sex offender registry?
 Does your tribe operate its own victim
notification system?
 Does your CFR court maintain a restraining
order and/or protection order registry?

U. S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Washington, DC 20531

DATE
NAME, TITLE
STREET ADDRESS
CITY, STATE ZIP
Dear NAME,
On behalf of the U.S. Department of Justice and the Office of Justice Programs, Bureau of Justice Statistics (BJS),
Kauffman & Associates, Inc. (KAI) is conducting the 2014 National Survey of Tribal Court Systems (NSTCS14). Your tribal court is one of approximately 300 selected to participate in this effort.
The Tribal Law and Order Act provides that BJS is to establish and implement a tribal data collection system and
report to Congress annually the data collected and analyzed in accordance with the act (P.L. 111-211, 124 Stat.
2258, § 251(b)). The Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. 3732),
authorizes this information collection. The request for information will be in accordance with the clearance
requirement of the Paperwork Reduction Act of 1980, as amended (44 U.S.C. 3507).
The NSTCS-14 is part of a multifaceted effort by BJS to expand statistical activities related to American Indian
and Alaska Native crime and justice issues. It is supported by both the Tribal Law Policy Institute as well as the
Bureau of Indian Affairs. Your response to the survey will provide much needed information that will drive future
policy and planning decisions affecting tribal justice systems throughout Indian Country.
After completing the NSTCS-14, your survey can be completed in one of three ways:
 Mail: NSTCS, c/o Kauffman & Associates, Inc., PO Box 15179, Washington, DC 20003-9998


Fax: 301-588-6801



Email: [email protected] [Please note: An electronic/PDF version of the survey is available.
Copies of this version are available on request and will be sent to available tribal court email addresses.]

Please consult with justice system, law enforcement, and finance department representatives as necessary to
obtain information to complete the survey in its entirety.
Please provide the information requested no later than MONTH XX, 2015. If you experience any issues
completing the survey please contact KAI at [email protected] or at 877-528-4025. Thank you in
advance for your cooperation on this important data collection effort.
Sincerely,

William J. Sabol, Ph.D
Acting Director
Bureau of Justice Statistics
Enc: Letters of Support

August 4, 2014
Dear Tribal Court:
The U.S. Department of Justice’s (DOJ) Bureau of Justice Statistics (BJS), at the
request of the U.S. Department of Justice’s Office of Justice Programs (OJP), will
contact you to request your tribal court’s participation in the 2014 National Survey
of Tribal Court Systems (NSTCS). Implementation of the NSTCS is part of a
multifaceted effort by BJS to expand statistical activities related to tribal crime and
justice issues. The goal of the study is to provide long-term benefits for tribes by
fostering greater transparency in how issues of crime and justice in Indian Country
are addressed.
In 2002, BJS conducted a Census of Tribal Justice Agencies in Indian Country that
focused on the then 341federally recognized tribes in the lower 48 states. That study
provided an important snapshot of the variety and complexity of justice systems in
Indian Country. However, additional study is required to bring the depth and detail
needed to fully understand court systems in Indian Country—particularly systems
currently operating in Alaska tribes and villages.
The study is important for a better understanding of tribal court systems operating
under the authority of American Indian tribes and Alaska Native villages. The
NSTCS seeks to understand and fully appreciate the history of tribal governance; the
complexity surrounding tribal, state, and federal jurisdictions; and the relationship
between and among the many entities involved in the administration of justice
across Indian Country. It will also enrich tribal eligibility for justice program
funding resources, prevention programs, and justice services.
An accurate snapshot of justice in Indian country is dependent upon you. I ardently
encourage you to participate in the 2014 NSTCS. With your help, the NSTCS can
collect the necessary information to ensure our tribal courts are of the highest
quality and are able meet their unique and culturally related judiciary needs. Your
participation in this worthwhile endeavor will serve to advance the understanding
and support of tribal court systems throughout United States.
Thank you again for your support of the 2014 National Survey of Tribal Court
Systems.
Cordially,

Jerry Gardner, Executive Director
Tribal Law and Policy Institute

August 11, 2014
Bureau of Justice Statistics
Office of Justice Programs
810 Seventh Street NW
Washington, DC 20531
To Tribal Court Leaders:
The American Probation & Parole Association (APPA) is pleased to provide this letter in support of the
National Survey of Tribal Court Systems (NSTCS-14) being conducted by the Bureau of Justice Statistics.
As a national training and technical assistance provider for American Indian/Alaska Native (AI/AN) justice
agencies, APPA recognizes and emphasizes to tribal leaders the importance of the survey data for
improving the nation’s understanding of the uniqueness of tribal justice systems and the significant work
they perform, as well as to help identify areas where additional support is needed. To date, much of the
information known about the operations of tribal justice systems has been anecdotal. The aggregation of
data collected from participating tribes will provide a more accurate picture of the great work AI/AN
communities are engaged in to enhance public safety and better the lives of members involved in the
justice system.
Further, the available information specific to community corrections activities (pretrial, probation, reentry,
and alternatives to incarceration) in AI/AN communities is significantly lacking and has never been an area
of focus on previous iterations of national tribal court surveys. In recent years, there has been tremendous
growth and enhancement among AI/AN justice agencies in the field of community corrections. The NSTCS14 has included community corrections as a specific area of focus; therefore, completion of this survey will
allow AI/AN justice agencies to provide data that will capture actual data on community corrections
activities so these activities can be captured, highlighted and shared in a way that has never happened
before.
In conclusion, APPA encourages tribal leaders to participate in this national gathering of information
specific to AI/AN tribal justice systems as a way to demonstrate the great work being conducted in their
communities!
Sincerely,

Carl Wicklund
Executive Director

Phone Script for 1st NSTCS‐14 Follow‐Up
Good [Morning/Afternoon].
My name is [NAME] from Kauffman & Associates, Inc. (KAI). We’re reaching out to you on
behalf of the Bureau of Justice Statistics (BJS) to verify that your tribal court has received the
2014 National Survey of Tribal Court Systems. The surveys were distributed via email and
postal mail on MONTH/DAY. Could you please confirm if your court received a copy of the
survey?
IF “YES”:
Wonderful! Thank you for confirming. We’re asking that you please submit your responses by
MONTH/DAY. You can mail, fax or email your responses. Our mailing address, fax number,
and email address are listed on the first page of the survey, or I can provide them to you now if
you prefer.
[Mail: NSTCS, c/o Kauffman & Associates, Inc., PO Box 15179, Washington, DC
20003-9998]
[Fax: 301-588-6801]
[Email: [email protected]]
---------------------------------------------------------IF “NO”:
I am sorry that you’ve not yet received the survey. Could you please confirm your tribal court’s
mailing and email address? [RECORD MAILING/EMAIL INFORMATION. UPDATE
CORRESPONDING RECORD IN TRIBAL COURT UNIVERSE DATABASE.]
Thank you. We will send a copy to this address right away. I apologize for the inconvenience.
We’re asking tribal courts submit their responses by MONTH/DAY. You can mail, fax, or email
the survey once you are finsihed. Our mailing address, fax number, and email address are listed
on the first page of the survey, or I can provide them to you now if you prefer.
[Mail: NSTCS, c/o Kauffman & Associates, Inc., PO Box 15179, Washington, DC
20003-9998]
[Fax: 301-588-6801]

[Email: [email protected]]
-----------------------------------------------------------------------------------------------------------Thank you for taking the time to talk with me. We look forward to receiving your court’s
responses. Again, please submit your responses by MONTH/DAY. If you have any questions in
the meantime, please feel free to contact us at [email protected] or at 877-528-4025.
Thank you again for your time. Have a wonderful day. Good-bye.

U. S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Washington, DC 20531

DATE
NAME, TITLE
STREET ADDRESS
CITY, STATE ZIP
Dear NAME,
Recently your tribal court received a package containing a letter from the U.S. Department of Justice and the
Office of Justice Programs, Bureau of Justice Statistics (BJS) and Kauffman & Associates, Inc. (KAI), asking that
you please take part in the 2014 National Survey of Tribal Court Systems (NSTCS-14).
An additional copy of the NSTCS-14 has been included with this letter. We would like to again ask that you
please complete and submit your court’s responses as soon as possible. Please consult with justice system, law
enforcement, and finance department representatives as necessary to obtain information to complete the survey in
its entirety.
Your finished survey can be submitted in one of three ways:


Mail: NSTCS, c/o Kauffman & Associates, Inc., PO Box 15179, Washington, DC 20003-9998



Fax: 301-588-6801



Again, the NSTCS-14 is part of a multifaceted effort by BJS to expand statistical activities related to American
Indian and Alaska Native crime and justice issues supported by groups such as the Tribal Law Policy Institute and
the Bureau of Indian Affairs. Your response to the survey will provide much needed information that will drive
future policy and planning decisions affecting tribal justice systems throughout Indian country.
Please provide the information requested no later than Month XX, 2015. If you experience any issues completing
any part of the survey, please contact KAI at [email protected] or at 877-528-4025. Thank you in
advance for your cooperation on this important data collection effort.
Sincerely,

William J. Sabol, Ph.D
Acting Director
Bureau of Justice Statistics
Enc: NSTCS-14

Dear Sir or Madame,
Recently your tribal court received a copy of the 2014 National Survey of Tribal Court Systems (NSTCS‐
14) from the U.S. Department of Justice and the Office of Justice Programs, Bureau of Justice Statistics
(BJS) and Kauffman & Associates, Inc. (KAI). Your tribal court is one of approximately 300 selected to
participate in this effort.
We are again asking that you please complete and submit your court’s responses as soon as possible.
Please consult with justice system, law enforcement, and finance department representatives as
necessary to obtain information to complete the survey in its entirety.
Your finished NSTCS‐1 survey can be submitted in one of three ways:


Mail: NSTCS, c/o Kauffman & Associates, Inc., PO Box 15179, Washington, DC 20003‐9998



Fax: 301‐588‐6801



(Please provide the information requested no later than Month XX, 2015. If you experience any issues
completing any part of the survey, please contact KAI at [email protected] or at 877‐528‐4025.
Again, we are very grateful for your cooperation on this important data collection effort.
Sincerely,

Phone Script for Final NSTCS‐14 Follow‐Up/Survey Retrieval
Good [Morning/Afternoon].
My name is [NAME] from Kauffman & Associates, Inc. (KAI). We’re reaching out to you on
behalf of the Bureau of Justice Statistics (BJS) regarding the 2014 National Survey of Tribal
Court Systems. We reached out to you last month to confirm receipt of the survey and simply
wanted to follow-up on your court’s progress with completing the survey. Have you or someone
else in the court had a chance to complete the survey?
IF “YES”:
Wonderful! Have you or someone else submitted the completed survey to us yet?
IF NO: Please submit your responses as soon as you can. As has been mentioned before,
we’re asking that you please submit your responses by Month/Day. You can mail, fax, or
email your responses. Our mailing address, fax number, and email address are listed on
the first page of the survey, or I can provide them to you now if you prefer.
[Mail: NSTCS, c/o Kauffman & Associates, Inc., PO Box 15179, Washington,
DC 20003-9998]
[Fax: 301-588-6801]
[Email: [email protected]]
IF YES: [CONFIRM METHOD OF SURVEY SUBMISSION] Wonderful! We make it a
point to look for your court’s response right away.
-----------------------------------------IF “NO”:
I understand. We honestly appreciate any time you’d be willing to spare to complete the survey.
The information will go a long way toward helping inform decisions that may impact tribal
courts across Indian Country. Is there something we can do to help your court finish the survey?
SPECIFIC ACTION SUGGESTED: Let me see what we can do to help with that. Is this
the best number to reach you or would you prefer email or another number?

NO ACTION TO TAKE: If there is anything we can do, please do not hesitate to let us
know. The survey is voluntary and we want to lessen the burden of completing it where
we can.
As has been mentioned before, we’re asking that you please submit your responses by
Month/Day. You can mail, fax, or email your responses. Our mailing address, fax number, and
email address are listed on the first page of the survey, or I can provide them to you now if you
prefer.
[Mail: NSTCS, c/o Kauffman & Associates, Inc., PO Box 15179, Washington, DC
20003-9998]
[Fax: 301-588-6801]
[Email: [email protected]]
---------------------------------------------------------Thank you very much for taking the time to talk with me. We look forward to receiving your
court’s responses. Again, please submit your responses by Month/Day. If you have any questions
in the meantime, please feel free to contact us at [email protected] or at 877-528-4025.
Thank you again for your time. Have a wonderful day. Good-bye.

Dear [INSERT NAME]
Thank you for agreeing to take part in the field test process of the 2013 National Survey of Tribal Court
Systems (NSTCS).
Purpose
As you may know, the Bureau of Justice Statistics (BJS), the principal statistical agency within the U.S.
Department of Justice, is responsible for the collection, analysis, publication, and dissemination of
statistical information on crime and the criminal justice system at all levels of government. The Tribal
Law and Order Act of 2010 (TLOA) mandates that BJS “establish and implement such tribal data
collection systems as the BJS Director determines to be necessary.” The NSTCS will help BJS address this
mandate.
On behalf of BJS, Kauffman & Associates, Inc. (KAI), a Native‐owned research firm, will administer the
survey. As part of this process, it is necessary to first test the survey with intended participants to
determine if any survey items are problematic. This test will also provide an idea of how much time is
needed to complete the survey.
The NSTCS will provide long‐term benefits for tribes as it will, among other outcomes:
•
•
•
•
•

Serve as an authenticated source for tribal court statistics
Affirm the sovereignty of tribal nations
Highlight the unique nature of tribal justice systems
Assist in strategic planning
Enrich tribal eligibility for justice program funding resources, prevention programs, and justice
services

Field Test Process
There are three ways to submit your survey answers:
(1) If you entered information directly into the Word file: Please download and save a copy of the
document, including your tribe’s name as part of the filename. (For example, “Draft
NSTCS_TribeName.doc”) Email the file to [email protected]
(2) If you completed the survey by hand: Scan and save the survey using the naming format
described above. Email the file to [email protected]
(3) If you completed the survey by hand: Fax the completed document to the ATTN: NSTCS
KAUFFMAN at (301) 588‐6801
Please note that your answers to survey questions should contain information from calendar 2012,
not 2013.

We’d like to know how much time it took to complete the survey. Please make any additional notes or
comments directly onto the survey OR submit your thoughts via email to [email protected]. We
ask that you please submit the completed survey no later than July 22nd, 2013.
Thank you again for your time and willingness to contribute to the creation of the National Survey of
Tribal Court Systems.

2013 National Survey of Tribal Court
Systems: Summary of Field Test Findings
This 2013 National Survey of Tribal Court Systems: Summary of Field Test Findings was conducted by
Kauffman & Associates, Inc., under contract number 501/2011-BJ-CX-K077 for the Department of Justice
Office of Justice Programs, Bureau of Justice Statistics.
August 16, 2013

Submitted to:
Steven W. Perry, Statistician
Prosecution and Adjudication Services
810 7th Street, NW
Washington, DC 20531
[email protected]
Submitted by:
Adrienne Wiley, Project Director
Kauffman & Associates, Inc.
1100 Wayne Avenue, Suite 1010
Silver Spring, MD 20910
240-863-0365

Table of Contents
List of Tables ................................................................................................................................................. 2
Executive Summary....................................................................................................................................... 3
Lower 48 Survey Results ........................................................................................................................... 4
Completion Process .............................................................................................................................. 4
Missed/Unanswered Questions ............................................................................................................ 4
Format Preference ................................................................................................................................ 4
General Feedback ................................................................................................................................. 5
Content-Specific Comments ................................................................................................................. 5
Alaska Survey Results ................................................................................................................................ 5
Completion Process .............................................................................................................................. 6
Missed/Unanswered Questions ............................................................................................................ 6
Format Preference ................................................................................................................................ 7
General Feedback ................................................................................................................................. 7
Content-Specific Comments ................................................................................................................. 7
CFR Court Survey Results .......................................................................................................................... 7
Completion Process .............................................................................................................................. 7
Format Preference ................................................................................................................................ 8
Missed/Unanswered Questions ............................................................................................................ 8
General Feedback ................................................................................................................................. 8
Content-Specific Comments ................................................................................................................. 8
Recommendations ........................................................................................................................................ 8
Appendix ..................................................................................................................................................... 10

List of Tables
Table 1: Completion times for L48 field test participants ............................................................................ 4
Table 2: Completion times for Alaska field test participants ........................................................................ 6
Table 3: Completion times for CFR Court field test participants .................................................................. 8

Executive Summary
The Bureau of Justice Statistics (BJS) within the Department of Justice Office of Justice Programs is
preparing to conduct the 2013 National Survey of Tribal Court Systems (NSTCS-13). This survey, which
will be sent to all federally recognized tribes operating a court system, will provide a much-needed and
federally mandated update of the 2002 Census of Tribal Justice Agencies in Indian Country. Working on
behalf of BJS, Kauffman & Associates, Inc. (KAI) will administer the survey.
Three versions of the NSTCS-13 have been developed: a version for tribes located in the contiguous
United States (also known as the “Lower 48”) operating traditional or intertribal courts, a version for
Alaska Native tribes and villages, and a version for tribes using Courts of Indian Offenses (CFR courts)
operated by the Bureau of Indian Affairs (BIA). As part of the survey development process, each survey
was distributed to tribal courts that volunteered to complete the draft surveys.
Nine tribes participated in the field tests of the NSTCS-13:
•

5 completed the Lower 48 version,

•

3 completed the Alaska version, and

•

1 completed the CFR court version.

Participants were not provided compensation for their time or services.
Feedback from the field test experience was overwhelmingly positive. Participants reported that survey
content appeared relevant (i.e., questions related to the day-to-day operations of tribal courts) and
questions for the most part were easily understood. Some particular findings of note include:
•

Field test participants often required assistance and input from other departments or colleagues
in order to answer questions on various topics throughout the survey, particularly when
answering questions about law enforcement in tribal communities.

•

Most respondents preferred having a hard copy (i.e., paper version) of the survey. Only three
expressed an interest in completing an online version of the instrument.

•

Several field testers demonstrated difficultly completing the draft surveys using the Wordformatted file, resulting in missing/omitted answers or an accidently reformatted document.

KAI has made several recommendations for the final development of the survey instrument, such as:
•

Creating a PDF version of the survey to avoid respondent error or document reformatting,

•

Clarifying terms and references field test participants identified as vague or confusing, and

•

Rewording questions within the Operations and Juvenile Justice sections to capture the range of
administrative and developing codes and services throughout Indian Country.

Additional recommendations have been included. A worksheet recording field test participants’ answers
to each survey can be found in the Appendix.

Lower 48 Survey Results
Five tribes agreed to participate in the field testing for the Lower 48 (L48) version of the survey:
•
•
•
•
•

Tulalip (Northwest Intertribal Court)
Mississippi Choctaw (Mideast/Medium-Large Tribe)
Confederated Salish and Kootenai Tribes of the Flathead Nation
Hoopa (West/Small Tribe/PL 280)
Laguna Pueblo (Southwest/Pueblo)

Completion Process
On average, participants took 2 hours and 15 minutes to complete the survey. Hoopa reported the
longest completion time (n=4 hours) while Laguna Pueblo completed the survey in the shortest amount
of time (n=1 hour). Table 1 indicates respective completion times by participant.
Table 1: Completion times for L48 field test participants

Completion Time
(in hours/minutes)

Tulalip

Mississippi
Choctaw

Salish &
Kootenai

Hoopa

Laguna
Pueblo

1 hour,
20 minutes

Draft surveys were sent to a specific point of contact within each tribe. However, every participant
sought assistance or information from one or more offices within their respective tribal court system.
Additional information came from sources, such as annual tribal reports, where available.

Missed/Unanswered Questions
All of the survey responses contained questions that participants failed to answer. The majority of these
null values resulted from participant error: Most simply forgot to answer the particular question. In
several instances, the participant skipped the question while completing the survey, intending to return
and answer the item later. Some participants also had difficulty completing the answers using the Word
format survey file, particularly when using the check boxes or when entering text directly to the file. A
few participants printed the survey, completed the survey by hand, and then transferred answers to the
Word file; this led to a few instances where answers were omitted accidentally when submitting the
survey electronically.

Format Preference
Four of the five participants expressed preference for a paper version of the survey as opposed to an
electronic version. Many felt that the paper version made it easier to complete, particularly when
working with another person. Only one tribe (Laguna Pueblo) would have preferred to complete the
survey online.

General Feedback
Overall, all field test respondents reported that survey questions were clear and easily understood. Each
reported that the survey seemed to be an appropriate length (specifically, not too long or burdensome
to complete). All participants also felt that each of the survey sections asked relevant questions. No one
provided suggestions for additions or deletions to survey content when asked.

Content-Specific Comments
•

The Confederated Salish & Kootenai participant noted that law enforcement (which includes
parole and probation) is a separate division apart from the tribal court. Therefore, questions
inquiring about the number or type of law enforcement were difficult to answer. The field tester
suggested further defining “court employees” in Q#D7 or amending the question to read “tribal
court system” rather than “tribal court.”

•

The Hoopa participant reported leaving Q#A5 intentionally blank. The field tester felt the
question and available answers did not apply to the Hoopa Tribal Court: While traditional or
indigenous components are available to the court, it does not use them.

•

The Tulalip field tester experienced the greatest number of issues while completing the survey:
o

The participant had difficulty locating an answer for Q#A2 (re: resident population). The
question went unanswered as a result.

Q#C3 posed some difficulty. While seven judges serve on the appellate court panel, only
three judges hear an individual case at a given time.

The participant did not understand Q#C4. She asked that we define rotating and
permanent more clearly.

Q#E2 also seemed confusing. While the NW Intertribal Court has a prosecutor, the
position is not staffed (funded) by the court’s operating budget.

Q#G1 was misunderstood and answered incorrectly (i.e., the first box should have been
checked and the subsequent skip direction followed). Confusion stemmed from the fact
that the court does not handle juvenile law violating behavior cases; all juvenile cases
are instead treated as dependency matters.

Questions #I14-#I16 also generated confusion. This was due largely to the
aforementioned division of departmental responsibilities and data. The police and law
enforcement division had some of this information, but it was not readily accessible to
the field tester. As a result, she was not sure how to answer the questions. Perhaps with
more time, it would have been possible to obtain the necessary information.

Alaska Survey Results
Three tribes agreed to participate in the field testing for the Alaska version of the survey:
•

Nulato

•
•

Central Council of Tlingit & Haida Indian Tribes of Alaska (Tlingit & Haida)
Native Village of Barrow

Completion Process
The Alaska version of the NSTCS-13 took comparatively less time for field testers to complete. The
reported times do not reflect the amount of time that passed between requests for information, but
rather the time needed to physically complete the survey instrument. Table 2 indicates respective
completion times by participant.
Table 2: Completion times for Alaska field test participants

Completion Time
(in hours/minutes)

Nulato

Tlingit &
Haida

Barrow

25 minutes

30 minutes

N/A

Draft surveys were sent to a specific point of contact within each tribe. The Nulato field tester
completed the survey without assistance. The participant from Tlingit & Haida, however, consulted with
multiple departments. Additional information was obtained from other sources, such as a quarterly
tribal letter, when available.

Missed/Unanswered Questions
All of the survey responses contained questions that participants failed to answer. Many omissions were
accidents on the part of field test respondents. However, participants also displayed some difficulty
completing the answers using the Word-formatted survey file. There appeared to be several issues
regarding the use of the check boxes to answer questions. (Barrow opted to underline or bold its
answers rather than using the check boxes.) Tlingit & Haida had several missing answers. During the
debrief interview, the field tester noted that she had first printed and completed the survey by hand,
and then transferred answers to the Word file. Several answers were omitted accidentally when
submitting the survey electronically, though she was readily able to provide answers during the followup interview.
There were also a few instances of questions being answered incorrectly. During debrief discussions,
Tlingit & Haida indicated that the correct answer to Q#B5 (regarding criminal jurisdiction) is “No.” The
field tester also failed to provide actual counts in Q#D3 (regarding court personnel). (Figures were
provided during the follow-up interview.) Barrow failed to provide an actual figure in its answer to
Q#B10 (regarding alternative dispute resolution counts), and provided four different figures in its
answer to Q#D1.

Format Preference
Format preference was split: Nulato preferred a paper version while Tlingit & Haida would have
preferred an online option (assuming answers could be saved and the survey could be completed across
a period of time).

General Feedback
All field test participants felt that, overall, survey questions and content were clear and relevant to tribal
court case loads and operations. No questions were suggested for deletion. Both Nulato and Tlingit &
Haida recommended adding an “Other” answer category to several of the questions, particular those
that only offer “Yes” or “No” options.

Content-Specific Comments
•

The Tlingit and & Haida participant reported using online information to answer Q#A1.

•

Regarding Q#B12, the Tlingit & Haida field tester would have preferred to have space to
describe special case circumstances. Nulato noted that the option “N/A – Tribal court does not
hear these cases” does not apply to its tribal court, which hears and issues court orders without
registering them with the state. A non-conditional “N/A” answer option is preferred.

•

The Nulato field tester requested either clarifying or changing the language in Q#B3 to civil
cases.

•

Regarding Q#E1: Nulato answered both the first and last answer options (an error). The field
tester noted that both answers were selected because the tribe is currently on its code to create
a circle sentencing style court for juveniles. It does not, however, currently hear juvenile cases.

•

Additional questions or information requested by field participants included:
o

Questions regarding elected judges or tribal judiciary councils (in Section B)

A list of the agencies offering technical assistance (Questions #D4-D5)

CFR Court Survey Results
One tribe agreed to participate in the field testing for the Court of Federal Register/Court of Indian
Offenses (CFR Court) survey:
•

Modoc (Miami Agency CFR)

Completion Process
The field test participant needed 1½ hours to complete the survey (see Table 3). This accounted for the
time needed to consult with additional personnel in order to answer questions throughout the
instrument, though she noted most of the information (or resources to access information) was at her
disposal.

Table 3: Completion times for CFR Court field test participants

Tulalip
Completion Time (in hours/minutes)

1 hour,
30 minutes

Format Preference
The Miami Agency CFR participant expressed preference for an online version of the survey, noting that
such an option would be easier to complete.

Missed/Unanswered Questions
The field test participant failed to answer three questions within the survey:
•

Q11 (regarding qualifications for employment): The field tester noted that applicants can
obtain waivers for each of the qualifications listed in the question, effectively ensuring that
none are specifically required in order to serve as a trial or appellate court judge.

•

Q40 (regarding electronic data access and transmission): The question is not applicable to
the Miami Agency CFR.

•

Q42 (regarding FBI CJIS databases): The field test participant explained that access is based
on individual membership to a particular database. As not all judges or law enforcement
officers are members, the question could not be answered for the entire court.

General Feedback
The field tester felt that, overall, the survey was easy to complete. No additional recommendations to
improve the survey were made.

Content-Specific Comments
The only issue of note referred to by the field test participant stemmed from the court’s interaction with
both BIA and tribal law enforcement. This dual involvement made it difficult to answer some of the
questions specifically inquiring about law enforcement, particularly those providing policing functions
(Q#A2). The field tester could provide answers or information as it related to BIA law enforcement, but
not tribal law enforcement.

Recommendations
•

Maintain ability to provide estimate figures for questions seeking specific counts or amounts.

•

Listing court employee/personnel counts proved difficult for some participants. Few filled out
the question correctly or provided an accurate total number of employees. If the purpose of the

question is to identify the type/range of personnel serving in tribal courts (as opposed to how
many of each employee), then the directions should be amended to reflect this (i.e., remove the
need for count and instead provide space to check positions that are served within the tribal
court system).
•

Maintain the current length and section content of the survey drafts. No sections at this
juncture need to be deleted or added.

•

Participant responses suggest that these surveys cannot feasibly be completed by a single
individual. Amend directions to make it clear that more than one individual can provide
answers. However, a single point of contact per tribe must be maintained in order to facilitate
communication during survey dissemination and completion.

•

Some participants had difficulty completing the answers using the Word format survey file, such
as using the check boxes to answer questions. Several inadvertently changed the formatting of
the entire survey instrument in their attempt to enter information into the Word document.
Formatting the survey as an Adobe PDF file (whose layout respondents cannot alter) should
address this issue.

•

As six of the nine field test participants expressed a preference for a paper version of the survey,
an online version should not be offered at this time. Such an option should be considered for
future iterations of the survey.

•

Ambiguous or confusing terms (as identified by field testers) should be clarified within the
relevant question.

•

Amend Yes/No questions to include an answer option of “Not applicable.”

•

The conclusion page of the surveys should be amended. Additional text should direct
respondents to review the survey to ensure completion of all questions prior to submitting the
finished instrument.

•

Discussions with BJS are needed in order to resolve the following remaining issues:
o

Amending the Juvenile Justice section in order to accurately capture the various
nuances of operations for this specific type of court;

Distinguishing between BIA and tribal law enforcement counts (CFR court surveyspecific);

Providing tribes with space and opportunity to describe codes or courts currently in
development (if desired); and

Understanding how to proceed with individual court follow-up in the case of missing or
unanswered survey questions.

Addendum: Results from Native Village of Barrow
The final field test participant of the Alaska version of the NSTCS-13 hailed from the Native Village of
Barrow (Barrow). Information was obtained after the initial field test summary report had been created.

Completion Process
The Barrow field tester required the longest amount of time to complete the survey (approximately 4
hours). The four hours reflect the time and labor needed to obtain the necessary information to answer
all of the questions. The respondent noted that input was required from more than one department,
particularly the Director of Finance for the tribal court system

Missed/Unanswered Questions
The Barrow participant completed all of the questions within the survey with two exceptions: they failed
to provide an actual number in response to Q#B10 (re: conflicts settled using alternative dispute
resolution) and Q#E2, Part C (re: counts for other types of juvenile law-violating behavior cases). A
general statement was provided for question QB#10. The participant was unable to provide an answer
for Q#E2 during the follow-up debrief session.

Format Preference
The field participant did not express a preference for either paper or online versions of the survey.

General Feedback
Overall, all field test respondents reported that survey questions were clear and easily understood.
Comments were made regarding the detailed nature of the questions, but the field tester noted that
such information appropriately reflected court operations and activities.

Content-Specific Comments
The field tester from Barrow made several comments about the tribal court’s current issues with
funding, specifically the lack thereof, and how it affects the court’s ability to increase services and
transition its administration to an electronic system. The participant recalled a recent experience where
grant funding allowed for the purchase of new software for court system operations, but did not cover
the costs of adequate levels of staff training.
Additional field test comments focused on the following:
•

Q#B4 (re: count of civil cases filed): The field tester felt that this question failed to capture the
cases heard during the calendar year 2012. The field tester additionally suggested rephrasing
“cases heard” or “cases open” rather than “cases filed.”

•

The field tester requested additional questions that would identify the number and range of
available services that fall under a tribal court’s civil jurisdiction (e.g., ICWA or voluntary
services).

File Type	application/pdf
File Modified	2014-08-26
File Created	2014-07-31