Document
2026 Census of Tribal Court Systems
ICR 202609-1121-001 · OMB 1121-0350 · Object 172406100.
Document Viewer [docx]
Document Metadata
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
|---|---|
| File Title | 2026 Census of Tribal Court Systems |
| Author | Beth Fisher |
| Last Modified By | Writer |
| File Modified | 2026-06-23 |
| File Created | 2026-09-10 |
| Conversion State | complete |
Extracted Text
2026 CENSUS OF TRIBAL COURT SYSTEMS
The 2026 Census of Tribal Court Systems (CTCS) is a census of all tribal courts granted authority by federally recognized tribes, tribal constitution, tribal code, or the Bureau of Indian Affairs (BIA). Information collected as a part of this data collection effort will provide needed information to tribes, courts, federal agencies, and other partners working on tribal lands. The Bureau of Justice Statistics (BJS) greatly appreciates your assistance.
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.
Instructions
1. Please answer all questions with a reference to the tribal court, NAME. Answer the questions as accurately as possible given the organization and structure of your court.
2. For all questions, the phrase “during calendar year 2026” refers to January 1, 2026 through December 31, 2026. The phrase “during calendar year 2025” refers to January 1, 2025 through December 31, 2025. For questions that ask for fiscal year (FY), please use your agency’s fiscal year (FY) for the designated year.
3. For any series of yes or no questions, please select either “Yes” or “No” for each option. If you are unsure of an answer, you can leave it blank, but you will not be able to return to the question later to complete it.
4. Please use the question guide found here [LINK TO QUESTION GUIDE] to help with gathering information to complete some questions before starting the online survey.
5. Please consult with justice system, law enforcement, and finance department representatives as necessary to obtain information to complete the survey in its entirety.
6. 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.
7. If you have any questions or need assistance in completing the survey, please contact the BJS data collection agent NORC via email at [email protected] or call NUMBER. If you have questions about the CTCS program, please contact Steven W. Perry of BJS via email ([email protected]) or telephone (202-307-0777).
Burden Statement
The Omnibus Crime Control and Safe Streets Act of 1968, as amended (34 USC 10132), 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 40 minutes 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, 999 N. Capitol St., NE, Washington, D.C. 20531.
BJS is authorized to conduct this data collection under Title 34 United States Code Section 10132. By law, BJS will use the information you provide only for statistical or research purposes and must protect the confidentiality of information identifiable to a private person against unauthorized disclosure or misuse. [Title 34 U.S.C. Sections 10134 and 10231] Any person who violates these provisions may be punished by a fine up to $10,000, in addition to any other penalties imposed by law. Per the Cybersecurity Enhancement Act of 2015, federal information systems are protected from malicious activities through cybersecurity screening of transmitted data.
Contact Information
Please complete or correct your court’s contact information below:
Official Tribe Name:
Tribal Court Name
CTNAME
Street Address
CTSTREET
City
CTCITY
State
CTSTATE
Zip
CTZIP
Tribal Court Website
CTWEBSITE
Please provide your contact information, name, and title:
Name
NAME
Title
TITLE
Telephone
PHONE
Fax
FAX
Email Address
EMAIL
Official Tribe Name for Reported Data
TRIBENAME
Section A. Tribal Justice Systems
This section gathers information on the various components of your tribal court. Please answer these questions regarding calendar year 2026.
A1. Does your tribe operate or participate in the following type(s) of system?
Source
Yes = 1
No = 2
a. Western-style tribal court OPWEST
o
o
b. Peacemaking court OPPEACE
o
o
c. Elders panel OPELD
o
o
d. Circle sentencing system OPCIRC
o
o
e. Other traditional or indigenous justice system: (Please describe) OPTROTH
_______________________________________________________
_______________________________________________________
o
o
f. Joint jurisdiction court (tribal-state court) OPTRJUD
o
o
g. Intertribal court system participant: (Please provide the name of the intertribal court system) OPINT
_____ OPINTOTH__________________________________________________
______________________________________________________________
o
o
h. Bureau of Indian Affairs (BIA)/Court of Federal Regulation or Court of Indian Offenses (CFR) OPCFR
o
o
i. Tribal council serving as the judiciary OPTRCOUN
o
o
j. Other: (Please describe) OPOTH
___________________________OPOTHSPEC_____________________________
______________________________________________________________
o
o
IF “NO” SELECTED FOR ALL ITEMS BETWEEN A AND I (ALL BUT ‘OTHER’ OPTION), END SURVEY AND RECORD AS SCREENED OUT. DISPLAY THE FOLLOWING MESSAGE:
Thank you for your interest in participating in this survey. Based on the response you provided, your court is not eligible to complete the survey. If you believe you received this message in error, please contact [email protected] or call us at NUMBER.
First, we will ask you some questions about courts in your tribal justice system and their jurisdiction.
[Programmer instruction: If A1f doesn’t equal A2b, please prompt “The response you provided for Joint-jurisdiction court in A1 doesn’t match the response you provided for Joint jurisdiction court in A2. Please review and update your responses if necessary.”]
A2. Does your tribal court operate the following type(s) of specialty courts?
Source
Yes = 1
No = 2
a. Drug court or Healing to Wellness court CTSPHEAL
o
o
b. Joint jurisdiction court (tribal-state court)* CTSPJJC
o
o
c. Veterans docket or court CTSPVET
o
o
d. Domestic violence docket or court CTSPDOM
o
o
e. Mental health court CTSMENT
o
o
f. Family court CTSFAM
o
o
g. DWI court CTSDWI
o
o
h. Teen or youth docket or court CTSPTEEN
o
o
i. Juvenile criminal court CTSJUV
o
o
j. Juvenile mental health court CTSJUVMEN
o
o
k. Other specialty court: (Please describe) CTSPOTH
_________________CTSPOTHSPEC______________________________
_______________________________________________________
o
o
* An 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.
CRIMJUR
A3. Does your tribal court exercise criminal jurisdiction?
• 1. Yes
• 2. No [GO TO A5]
CRIMJURRIGHT
[ASK A4 IF A3 = 1]
A4. Does your tribal code provide defendants with the right to trial by jury for criminal proceedings?
• 1. Yes
• 2. No
CIVILJUR
A5. Does your tribal court exercise civil jurisdiction?
• 1. Yes
• 2. No [GO TO A7]
CIVILJURRIGHT
[ASK A6 IF A5 = 1]
A6. Does your tribal code provide adult defendants the right to a trial by jury for civil proceedings?
• 1. Yes
• 2. No
CTCSPL280
A7. Does the state currently exercise at least partial criminal jurisdiction on your tribe’s lands?
• 1. YES, the state exercises criminal jurisdiction under Public Law 280
• 2. YES, the state exercises criminal jurisdiction under legislation similar to Public Law 280
• 3. YES, the state has begun exercising concurrent jurisdiction over crimes committed by non- American Indian and Alaska Native (AIAN) against Indians/AIAN or non-Indians/AIAN following the 2022 U.S. Supreme Court decision in Oklahoma v. Castro-Huerta
• 4. YES, other (please explain):
• 5. NO [GO TO A9]
DISCRTNAME
[ASK A8 IF A7 = 1, 2, 3, or 4]
A8. [IF A3 = 2 THEN INCLUDE RED TEXT IN PARENTHESES]
[IF A3 = 1 THEN INCLUDE BLUE TEXT IN PARENTHESES]
(Even though your court does not hear criminal cases, provide) (Provide) the name of the state or local District or Circuit court that prosecute crimes or felonies against non-Indian/AIAN, under which PL 280 operates. If more than one court prosecutes these crimes or felonies, please include all court names.
________________________
ENHACESENT
[ASK A9 IF A3 = 1]
A9. As of December 31, 2026, does your tribal court exercise the enhanced sentencing authority provided under the Tribal Law and Order Act (TLOA) which includes the authority to sentence defendants to 3 years of incarceration and up to $15,000 in fines?
• 1. Yes
• 2. No
• 3. Not sure/Do not know
VAWA
[INCLUDE EMBEDDED LINK FOR VAWA]
[ASK A10 IF A3 = 1]
A10. As of December 31, 2026, does your tribal court exercise “Special Tribal Criminal Jurisdiction” over non-Indians/AIAN such as under the 2013* or 2022† reauthorizations of the Violence Against Women Act (VAWA)?
* The Violence Against Women Reauthorization Act of 2013 (VAWA 2013) included a historic provision that recognized the inherent authority of “participating Tribes” to exercise “special domestic violence criminal jurisdiction” (SDVCJ) over certain defendants, regardless of their Indian or non-Indian status, who commit acts of domestic violence or dating violence or violate certain protection orders in Indian country.
† The Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022) amended VAWA 2013 to recognize “special Tribal criminal jurisdiction” (STCJ) over an expanded list of “covered crimes” that includes, in addition to the VAWA 2013 crimes, assault of Tribal justice personnel, child violence, obstruction of justice, sexual violence, sex trafficking, and stalking.
• 1. Yes
• 2. No
• 3. Not sure/Do not know
LAWSPUBLIC
A11. Are your tribal laws and codes made available to the public?
• 1. Yes
• 2. No
Section B. Tribal Court BUDGET and Employment
The next section will ask you questions about your tribal court’s budget, resources, and staffing. You may find it helpful to complete [LINK TO QUESTION GUIDE] before continuing with this section as it will ensure that you have answers to the questions in this section readily available.
For questions that ask for fiscal year (FY), please use your agency’s fiscal year (FY) for the designated year. For questions that ask for calendar year, “during calendar year 2026” refers to January 1, 2026 through December 31, 2026. The phrase “during calendar year 2025” refers to January 1, 2025 through December 31, 2025.
B1. During fiscal years (FY) 2025 and 2026, what were the operational budgets of your tribal court excluding capital expenditures such as construction cost for new buildings, major repairs, and improvements?* (Enter whole numbers only. If you are unable to provide the actual number, please provide your best estimate. If there is no additional funding, enter 0.)
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 non-recurring fixed capital costs such as building construction and major equipment purchases.
Refer to Question B1 of the question guide.
[Programmer instruction: Base funding provided at b. should not exceed total funding at a. for calendar year. If b. exceeds a., display message “The amount provided for base funding exceeds the amount provided for total funding. Please review these amounts.” User should be able to advance after prompt is displayed once.]
[ALL DOLLAR AMOUNTS SHOULD BE MIN 0 AND MAX 1,000,000,000. DO NOT ALLOW DECIMAL ENTRIES. DO NOT ADD OR ALLOW COMMAS. INCLUDE WHOLE NUMBERS ONLY.]
2025 Budget
2026 Budget
a. Total funding (includes annual base funding and grants or funding available for a limited period)
$ TOTALFUND25
o Estimate
o Not authorized to provide
$ TOTALFUND26
o Estimate
o Not authorized to provide
b. Base funding only (annual funding such as tribal funding or BIA funding)
$ BASEFUND25
o Estimate
o Not authorized to provide
$ BASEFUND26
o Estimate
o Not authorized to provide
CFISCYEAR
B2. Please indicate the month and day on which your agency’s fiscal year begins:
______/______
MM DD
B3. During fiscal year 2026, did your tribal court receive funding from the following sources?
Source
2026
Yes = 1
No = 2
a. Tribal council or tribal government FUNDA26
o
o
b. Bureau of Indian Affairs (BIA) 638 contract (e.g. Public Law 93-638 Indian Self-Determination and Education Assistance Act) FUNDB26
o
o
c. Other Bureau of Indian Affairs funding FUNDD26
o
o
d. Self-governance compacts FUNDC26
o
o
e. U.S. Department of Justice (DOJ) Coordinated Tribal Assistance Solicitation (CTAS) FUNDE26
o
o
f. DOJ grants, other than CTAS funding FUNDF26
o
o
g. Substance Abuse and Mental Health Services Administration (SAMHSA) FUNDG26
o
o
h. Other federal grants FUNDH26
o
o
i. State funding FUNDI26
o
o
j. Private foundations FUNDJ26
o
o
k. Private donations FUNDK26
o
o
l. Filing fees, fines and other court costs FUNDL26
o
o
m. Tribal business enterprise FUNDM26
o
o
n. Other: (Please describe) FUNDN25, FUNDNOTH
_____________________________________________
o
o
B4. Enter your tribal court’s total number of full and part-time personnel for the pay period that included December 31, 2026. Please include all full-time staff paid by the court or tribe, including judges, clerks, administrative and support staff, public defenders, and prosecutors.
NOTE: Count personnel who are regularly scheduled to work less than 35 hours per week as part-time. If you are unable to provide the actual number, provide your best estimate and check the “Estimate” box. If none, enter 0.
Refer to Questions B4, B5 and B6 of the question guide. [MIN 0, MAX 100,000 FOR ALL NUMERIC ENTRIES]
Full-time paid by court or tribe
Part-time paid by court or tribe
a. Total Employees
FTTOT
o Estimate
PTTOT
o Estimate
B5. Enter your tribal court’s total number of full-time personnel by race and Hispanic origin for the pay period that included December 31, 2026.
NOTE: Count personnel who are regularly scheduled to work less than 35 hours per week as part-time. If you are unable to provide the actual number, provide your best estimate and check the “Estimate” box. If none, enter 0.
Refer to Questions B4, B5 and B6 of the question guide.
[MIN 0, MAX 100,000 FOR ALL NUMERIC ENTRIES]
Full-time paid by court or tribe
Estimate
a. American Indian or Alaska Native, non-Hispanic
FTAIAN
b. White, non-Hispanic
FTWHITE
c. Black or African American, non-Hispanic
FTBLACK
a. Hispanic or Latino
FTHISP
b. Asian, non-Hispanic
FTASIAN
c. Native Hawaiian or Other Pacific Islander, non-Hispanic
FTHAPI
d. Two or more races
FTMULTI
e. Race/Hispanic origin not known
FTOTH
B6. Enter your tribal court’s total number of full-time personnel by sex for the pay period that included December 31, 2026?
NOTE: Do not count personnel who are regularly scheduled to work less than 35 hours per week as full-time. If you are unable to provide the actual number, provide your best estimate and check the “Estimate” box. If none, enter 0.”
Refer to Questions B4, B5 and B6 of the question guide.
[PROGRAMMER NOTE: Sum should not exceed number of full time employees in B4a Full time staff if estimate option isn’t selected at either question. If it exceeds, display message “The total number of employees listed is higher than the number of full time employees provided in question B4. Please review your entry or go back and correct this number if necessary.”]
[MIN 0, MAX 100,000 FOR ALL NUMERIC ENTRIES]
Full-time paid by court or tribe
Estimate
a. Male
MSEXFT
o
b. Female
FSEXFT
o
B7. How many of the following types of personnel were employed or worked in your tribal court for the pay period that included December 31, 2026?
NOTE: Count personnel who are regularly scheduled to work less than 35 hours per week as part-time. If you are unable to provide the actual number, provide your best estimate and check the “Estimate” box. If none, enter 0. If a particular position does not exist in your court, select “Not applicable.”
Refer to Question B7 of the question guide.
[PROGRAMMER NOTE: For each part, number provided at full--time (first option) should not exceed number of full-time employees in B4a and number provided at part-time (second option) should not exceed the number of part-time employees provided at B4b. if estimate option isn’t selected at either question. If it exceeds, display message “The number of employees listed is greater than the number of [full/part] time employees provided in question B4. Please review your entry or correct the number provided in B4a and/or B4b.”
[MIN 0, MAX 100,000 FOR ALL NUMERIC ENTRIES]
Position
2026 Counts
Full-time paid by court or tribe
Part-time paid by court or tribe
Contract paid by court or tribe
Paid by stipend
Pro bono*
a. Trial/Appellate court judge
FTJUDG
o Estimate
o Not applicable
PTJUDG
o Estimate
o Not applicable
CONJUDG
o Estimate
o Not applicable
STIPJUDG
o Estimate
o Not applicable
VOLJUDG
Estimate
o Not applicable
b. Prosecution/
prosecutor
FTPROS
o Estimate
o Not applicable
PTPROS
o Estimate
o Not applicable
CONPROS
o Estimate
o Not applicable
NOT APPLICABLE
VOLPROS
o Estimate
o Not applicable
c. Indigent defense services/public defender
FTDEF
o Estimate
o Not applicable
PTDEF
o Estimate
o Not applicable
CONDEF
o Estimate
o Not applicable
NOT APPLICABLE
VOLDEF
o Estimate
o Not applicable
* Pro bono refers to any volunteers and personnel funded by or provided through other agencies at no cost to your tribal court.
B8. Does your tribal court have the following positions? Positions can be full-time, part-time, and contracts, paid for by the tribe or other agencies, or volunteers. Please indicate yes even if one person performs more than one position described below.
Position
Yes = 1
No = 2
a. Bailiff POSBAIL
o
o
b. Parole officer POSPAR
o
o
c. Probation officer POSPROB
o
o
d. Pretrial services staff POSPRE
o
o
e. Community resources staff/court liaison POSCOM
o
o
f. Court administrator/director POSCADM
o
o
g. Court clerk POSCLERK
o
o
h. Court reporter POSREP
o
o
i. Staff attorney (does not include prosecutor or public defender)/judicial law clerk POSSATT
o
o
j. Tribal elder/peacemaker/other traditional forum staff POSTRUB
o
o
k. Child welfare working (including Indian Child Welfare Act (ICWA) staff) POSCHIL
o
o
l. Support staff POSSUPP
o
o
m. Civil legal services staff POSCIV
o
o
n. Lay advocate/Spokesperson POSLAY
o
o
o. Presenting officer POSPRES
o
o
p. Victim service provider POSVICT
o
o
q. Other: (Please describe) POSOTH, POSSPEC
_____________________________________________
o
o
Section C. Representation in Tribal Court
The next section will ask you questions about providing free services in your tribal court.
[ASK C1 IF A3 = 1]
C1. Does your tribe or tribal court provide free criminal defense services to the following people?
Yes, all = 1
Yes, only indigent* = 2
No = 3
a. Tribal Members CRIMTRIB
o
o
o
b. Nonmember Indians/AIAN CRIMMEM
o
o
o
c. Non-Indians/AIAN CRIMNON
o
o
o
* Indigent refers to individuals who are impoverished, or not financially able to employ counsel. A defendant who is indigent has a constitutional right to court-appointed representation, according to a 1963 Supreme Court decision, Gideon v. Wainwright
[IF C1a = NO AND C1b = NO AND C1c = NO (NO FREE SERVICES PROVIDED), GO TO ITEM C3. ELSE GO TO C2]
[ASK C2 IF ANY “YES” IN C1]
C2. Do any of the following provide your tribe or tribal members with free criminal defense services?
Yes = 1
No = 2
a. Tribal public defender program (fixed staff) CRIMDFIX
o
o
b. Assigned defender (appointed from a list who accept cases on a judge-by-judge basis, court-by-court basis, or case-by-case basis) CRIMDASG
o
o
c. Contract counsel (private bar members who contract to provide court appointed representation in a jurisdiction) CRIMDCONT
o
o
d. A neighboring tribal legal services program and/or law school clinics CRIMDNHB
o
o
e. A non-profit legal services program, including Indian Legal Services CRIMDIND
o
o
f. A private law firm or office pro bono program CRIMDPRIV
o
o
g. Other: (Please describe) CRIMDOTH, CRIMDSPEC
_____________________________________________
o
o
CIVCRIT
[ASK C3 IF A5 = 1]
C3. Does your tribe or tribal court provide free civil legal services for any tribal court appearance?
• 1. Yes
• 2. No [GO TO SECTION D]
CIVDEL
[ASK C4 IF C3 = 1]
C4. Are free civil legal services provided based on income scale and ability to pay?
• 1. Yes
• 2. No
[IF C3 = NO (2), GO TO SECTION D. OTHERWISE, GO TO C5]
COURTFREE
C5. Do any of the following provide your tribe or tribal members free civil legal services?
Yes = 1
No = 2
a. Tribal civil legal services (fixed staff) TRIBPFIX
o
o
b. Contract counsel (private bar members who contract to provide court appointed representation in a jurisdiction) TRIBPCONT
o
o
c. A neighboring tribal legal services program and/or law school clinic TRIBPNHB
o
o
d. A non-profit legal services program, including Indian Legal Services TRIBPIND
o
o
e. A private law firm or office pro bono program TRIBPPRIV
o
o
f. Other: (Please describe) TRIBPOTH, TRIBPSPEC
_____________________________________________
o
o
Section D. Juvenile Justice, Child Welfare and Dependency Matters
The next section will ask you questions about cases pertaining to juveniles under the age of 18, child welfare or dependency matters, and Indian Child Welfare Act (ICWA). You may find it helpful to complete [LINK TO QUESTION GUIDE] before continuing with this section as it will ensure that you have answers to the questions in this section readily available.
D1. Does your tribal court have the following code(s) or statute(s)? These can include standalone codes (statutes) or sub-codes of another code.
This should not include Memorandums of Understanding or other agreements that are not a part of a formal code.
Yes = 1
No = 2
a. A juvenile justice tribal code JLAWDEL
o
o
b. Code or statute for handling of ICWA matters JLAWICWA
o
o
c. Dependency and neglect code or statute JLAWSTAT
o
o
d. Code or statute regarding the reentry and repeat offenders (recidivism) of tribal youth or juveniles returning from local, state, or federal prison JLAWCHI
o
o
JUVLVIO
D2. Does your tribal court currently handle juvenile law-violating cases or minors as defendants*?
• 1. Yes
• 2. No (GO TO ITEM D13)
Law-violating cases refers to both delinquency cases and status offense cases.
[ASK D3 IF D2 = 1]
D3. Does your tribal court handle the following type(s) of juvenile law-violating cases?
*Law-violating cases refers to both delinquency cases and status offense cases.
Yes = 1
No = 2
a. Juvenile delinquency† JLAWDEL
o
o
b. Status offense‡ (for example: underage drinking, tobacco smoking, truancy, running away) and/or child in need of services§ (CHINS) JLAWSTAT
o
o
c. Other: (Please describe) JLAWOTH, JLAWSPEC
_____________________________________________
o
o
† Acts committed by a juvenile that would be considered a criminal offense if committed by an adult.
‡ 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.
§ This can include Family in need of services (FINS) or Minor in need of services (MINS).
JLAWCHIN
D3d. Does your tribal court handle all juvenile law-violating cases as juvenile dependency or child in need of service (CHINS) matters.
• 1. Yes
• 2. No
D4. Does your tribe or tribal court provide free legal representation services in juvenile law-violating cases† to the following juveniles?
†Law-violating cases refers to both delinquency cases and status offense cases.
Yes, all juveniles = 1
Yes, only indigent* juveniles = 2
No = 3
a. Tribal member juveniles FLGTRIB
o
o
o
b. Nonmember Indian/AIAN juveniles FLGMIND
o
o
o
c. Non-Indian/AIAN juveniles FLGNIND
o
o
o
* Indigent refers to individuals who are impoverished, or not financially able to employ counsel. A defendant who is indigent has a constitutional right to court-appointed representation, according to a 1963 Supreme Court decision, Gideon v. Wainwright
[ASK D5 IF ANY D4 = “YES”]
D5. Do any of the following provide free criminal legal representation in juvenile law-violating cases† if needed?
†Law-violating cases refers to both delinquency cases and status offense cases.
Yes = 1
No = 2
a. Tribal public defender program (fixed staff) FREPFIX
o
o
b. Assigned defender (appointed from a list of those who accept cases on a judge-by-judge basis, court-by-court basis, or case-by-case basis) FREPASD
o
o
c. Contract counsel (private bar members who contract to provide court appointed representation in a jurisdiction) FREPCON
o
o
d. A neighboring tribal legal services program and/or law school clinic FREPNHB
o
o
e. A non-profit legal services program, including Indian Legal Services FREPIND
o
o
f. A private law firm or office pro bono program FREPPRIV
o
o
g. Other: (Please describe) FREPOTH, FREESPEC
_____________________________________________
o
o
ALTJUVE
D6. Excluding detention, does your tribal court currently provide alternative disposition orders for juvenile criminal law violations (e.g., drug or alcohol rehabilitation, community service, electronic monitoring, etc.)?
• 1. Yes
• 2. No
PROBJUVE
D7. Does your tribal court maintain a probation function for juveniles?
• 1. Yes
• 2. No
PARJUVE
D8. Does your tribal court maintain a parole function for juveniles?
• 1. Yes
• 2. No
D9. How many juvenile law-violating cases* were filed in your tribal court in calendar years 2025 and 2026?
*Law-violating cases refers to both delinquency cases and status offense cases.
NOTE: If you are unable to provide the actual number, provide your best estimate and check the “Estimate” box. If none, enter 0. If you do not track these numbers, check the “Do not track these case numbers” box.
Refer to Question D9 of the question guide.
[MIN 0, MAX 1,000,000 FOR ALL NUMERIC ENTRIES]
Cases filed in 2025
Cases filed in 2026
a. Juvenile delinquency† cases
JFDEL25
Estimate
Do not track these case numbers
JFDEL26
Estimate
Do not track these case numbers
b. Juvenile status offense‡ cases (for example: underage drinking, tobacco smoking, truancy, running away)
JFSTA26
Estimate
Do not track these case numbers
JFSTA26
Estimate
Do not track these case numbers
† Acts committed by a juvenile that would be considered a criminal offense if committed by an adult.
‡ 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.
TRJREENT
D10. Does your tribe or tribal court have or provide access to a reentry program for tribal juveniles who have been in detention? Please select all that apply.
• a. Yes, tribe/tribal court provides reentry program,
• b. Yes, tribe/tribal court has access to reentry program
• c. No
The next items pertain to child welfare or dependency matters only.
D11. Does your tribal court handle the following Indian/AIAN child welfare or dependency matters*?
For example: Child in Need of Protection or Child in Need of Aid cases.
Yes = 1
No = 2
a. Child abuse or neglect INDCHAB
o
o
b. Foster care placements INDFOST
o
o
c. Suspension of parental rights INDSUSP
o
o
d. Termination of parental rights INDTERM
o
o
e. Pre-adoptive placements INDPREA
o
o
f. Adoptive placements INDADOP
o
o
g. Guardianship INDGUARD
o
o
h. Emancipation INDEMAN
o
o
i. Other: (Please describe) INDOTH, INDSPEC
_____________________________________________
o
o
[IF ALL D11 = “NO”, SKIP TO SECTION E]
D12. Do children in child welfare or dependency cases currently have access to advocacy or representation from the following?
Yes = 1
No = 2
a. Guardian ad Litem (GAL) CHIGAL
o
o
b. Court Appointed Special Advocate (CASA) CHICASA
o
o
c. Attorney or presenting officer CHIATT
o
o
D13. How many child welfare or dependency cases were filed in your tribal court in calendar years 2025 and 2026?
NOTE: If you are unable to provide the actual number, provide your best estimate and check the “Estimate” box. If none, enter 0. If you do not track these numbers, check the “Do not track these case numbers” box.
Refer to Questions D13 of the question guide.
[MIN 0, MAX 1,000,000 FOR ALL NUMERIC ENTRIES]
Cases filed in 2025
Cases filed in 2026
a. Child welfare and dependency cases
CHFDEP25
Estimate
Do not track these case numbers
CHFDEP26
Estimate
Do not track these case numbers
D14. How many Indian Child Welfare Act (ICWA) cases were transferred to the tribal court in calendar years 2025 and 2026?
NOTE: If you are unable to provide the actual number, provide your best estimate and check the “Estimate” box. If none, enter 0. If you do not track these numbers, check the “Do not track these case numbers” box.
Refer to Question D14 of the question guide.
[MIN 0, MAX 1,000,000 FOR ALL NUMERIC ENTRIES]
Transferred in 2025
Transferred in 2026
a. Cases transferred from a state court
ICWAST25
o Estimate
o Do not track these case numbers
ICWAST26
o Estimate
o Do not track these case numbers
b. Cases transferred from another tribal court
ICWATB25
o Estimate
o Do not track these case numbers
ICWATB26
o Estimate
o Do not track these case numbers
Section E. Case Filings, sentencing/disposition, and other topics
DIRECTIONS: For survey items requesting case count information, please provide the total number of cases filed by your tribal court during the calendar years 2025 and 2026. You may find it helpful to complete [LINK TO QUESTION GUIDE] before continuing with this section as it will ensure that you have answers to the questions in this section readily available. Use the following definition to determine case numbers:
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.
E1. Does your tribal court use the following methods to manage cases?
Method
Yes = 1
No = 2
a. Paper files TMETPAP
o
o
b. Basic spreadsheets (for example: Excel, Access) TMETSPR
o
o
c. Basic text files (for example: Word, WordPerfect) TMETTXT
o
o
d. An automated case management system TMETCMS
o
o
e. Other: (Please describe) TMETOTH, TMETSPEC
______________________________________________________________
______________________________________________________________
o
o
E2. As of December 31, 2026, does your tribal court issue restraining orders and/or protective orders to safeguard someone from another person for any of the following reasons?
Yes = 1
No = 2
a. Sexual violence RESTSEX
o
o
b. Violent or physical act RESTVIO
o
o
c. Threatening act RESTACT
o
o
d. Harassment RESTHAR
o
o
e. Contact or communication with the victim RESTCON
o
o
f. Physical proximity to another person RESTPROX
o
o
g. Stalking RESTSTK
o
o
h. Vulnerable adult RESTVULN (e.g., elderly, physically disabled, mentally incapacitated, etc.)
o
o
i. Economic abuse (e.g. exerting control over income, spending, or bank accounts) RESTECON
o
o
j. Technological abuse (e.g. cyberstalking, online harassment, recording, spying) RESTTECH
o
o
[IF ALL E2 = “NO”, SKIP TO E4]
RESTREC
E3. Does the state(s) in which your tribe is located recognize restraining orders and/or protective orders issued from the tribal court as if it were the state court’s own order?
• a. Yes
• b. No
• c. Not sure/do not know
[ASK E4 IF A3 = 1]
E4. How many of the following types of criminal cases were filed in your tribal court in calendar years 2025 and 2026? Please include all misdemeanors and felonies as appropriate.
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.
A criminal case is any incident, action, or activity to which your office dedicates resources at any point of the process, including an investigation, that may lead to a case filing. Cases filed “involve” a certain offense type if that case included at least one count of that charge.
† Involving means the case included at least one count of the charge.
*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.
‡Human trafficking includes sex and labor trafficking. Sex trafficking is defined as: A commercial sex act is induced by force, fraud, or coercion OR in which the person induced to perform such an act is younger than age 18. Labor trafficking is defined as: Recruitment, harboring, transportation, provision, or obtaining of a person for labor or services using force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
§ Drug cases include possession, sales, and paraphernalia/equipment.
[Programmer note: For parts b through f, if any one exceeds the total number provided for that year in E4a, display the note “The amount provided is higher than what was entered at E4a for the total number of criminal cases filed, Please go back and revise this number if necessary.”]
Criminal Cases Filed in 2025
Criminal Cases Filed in 2026
a. Total Criminal Cases Filed
CMFTOT25
o Estimate
o Do not track these case numbers
CMFTOT26
o Estimate
o Do not track these case numbers
b. Cases Filed Involving† Violation of Protection Orders
CMFPO25
o Estimate
o Do not track these case numbers
CMFPO26
o Estimate
o Do not track these case numbers
c. Cases Filed Involving† Human Trafficking‡
CMFST25
o Estimate
o Do not track these case numbers
CMFST26
o Estimate
o Do not track these case numbers
d. Cases Filed Involving† Drugs§
CMFDRG25
o Estimate
o Do not track these case numbers
CMFDRG26
o Estimate
o Do not track these case numbers
e. Cases Filed Involving† Neglect, Abuse, or Financial Exploitation of the Elderly
CMFNAF25
o Estimate
o Do not track these case numbers
CMFNAF26
o Estimate
o Do not track these case numbers
f. Cases Filed Involving† Rape or Sexual Assault
CMFSEX25
o Estimate
o Do not track these case numbers
CMFSEX26
o Estimate
o Do not track these case numbers
E5. How many criminal cases against/over non-Indians/AIAN were filed in your tribal court in calendar years 2025 and 2026?
A criminal case is any incident, action, or activity to which your office dedicates resources at any point of the process, including an investigation, that may lead to a case filing.
NOTE: If you are unable to provide the actual number, provide your best estimate and check the “Estimate” box. If none, enter 0.
Refer to Question E5 in the question guide.
[Programmer note: amount provided in E5 for calendar year shouldn’t exceed amount provided in E4a for same calendar year. If amount exceeds, display “The number of criminal cases provided for this question exceeds the total number provided at E4a. Please review this number and correct E4a if necessary.”
[MIN 0, MAX 1,000,000 FOR ALL NUMERIC ENTRIES]
Criminal Cases Filed in 2025
Criminal Cases Filed in 2026
a. Total Criminal Cases with Non-Indians/AIAN Filed
TOTCRIMNON25
o Estimate
o Do not track these case numbers
o Do not know/not sure
TOTCRIMNON26
o Estimate
o Do not track these case numbers
o Do not know/not sure
[ASK E6 IF A5 = 1]
E6. How many civil cases were filed in your tribal court in calendar years 2025 and 2026?
Civil cases are noncriminal matters—such as contract disputes or damages for destruction of personal property or divorce—involving individuals or organizations. It is brought to enforce a right or redress.
NOTE: If you are unable to provide the actual number, provide your best estimate and check the “Estimate” box. If none, enter 0. If you do not track these numbers, check the “Do not track these case numbers” box.
Refer to question E6 the question guide.
[MIN 0, MAX 1,000,000 FOR ALL NUMERIC ENTRIES]
Civil Cases Filed in 2025
Civil Cases Filed in 2026
a. Total Civil Cases Filed
CIVFIL25
Estimate
Do not track these case numbers
Do not know/not sure
CIVFIL26
Estimate
Do not track these case numbers
Do not know/not sure
E7. How many civil cases against/over non-Indian/AIAN s were filed in your tribal court in calendar years 2025 and 2026?
Civil cases 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.
NOTE: If you are unable to provide the actual number, provide your best estimate and check the “Estimate” box. If none, enter 0.
Refer to Question E7 of the question guide.
[Programmer note: If the number here exceeds the total number provided in E6 for the calendar year, please display “The amount provided is higher than what was entered at E6 for the total number of civil cases filed, Please go back and revise this number if necessary.]
[MIN 0, MAX 1,000,000 FOR ALL NUMERIC ENTRIES]
Civil Cases Filed in 2025
Civil Cases Filed in 2026
a. Total Civil Cases with Non-Indians/AIAN Filed
TOTCIVNON25
o Estimate
o Do not track these case numbers
o Do not know/not sure
TOTCIVNON26
o Estimate
o Do not track these case numbers
o Do not know/not sure
CIVTRIAL
E8. Did your court conduct any civil jury trials in calendar year 2026?
• a. Yes
• b. No
TCALTSENT
E9. Does your tribal court currently provide alternative criminal sentencing for adults outside of incarceration (e.g., drug or alcohol rehabilitation, community service, electronic monitoring, etc.)?
• a. Yes
• b. No
TCREENTRY
E10 Does your tribal court or your tribe have or provide access to a reentry program or initiative for adults returning to the community?
• a. Yes, tribe/tribal court provides reentry program
• b. Yes, tribe/tribal court has access to reentry program
• c. No
E11. Does your tribal court oversee the following types of environmental cases within your jurisdiction?
Environmental case type
Yes = 1
No = 2
a. Cases related to wildlife such as fish and game. EVFSH
o
o
b. Cases related to trust lands. EVTRST
o
o
c. Cases related to minerals and land use, not including trust lands. EVLAND
o
o
d. Other: (Please describe) EVOTH, EVSPEC
______________________________________________________________
______________________________________________________________
o
o
E12. Does your tribal court track repeat criminal offenders (recidivism) for the following categories?
Yes = 1
No = 2
Not sure = 3
a. Adults RECADLT
o
o
o
b. Juveniles RECJUV
o
o
o
The survey is now complete. Thank you for taking part in the 2026 Census of Tribal Court Systems.
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-xxx-xxxx or send an email message to [email protected]. A member of our survey administration team will respond promptly.
Reports using this data will be made available to tribal courts, tribes, and other interested parties through the Bureau of Justice Statistics.
Again, thank you for your cooperation in this important data collection effort. Your responses are critically important to the success of this survey.