Tribal Court Assistance Program
BJA’s Tribal Courts Assistance Program (TCAP) is one of the U.S. Department of Justice’s primary
initiatives for providing court-related support to tribal justice systems. Since fiscal year (FY) 1999, BJA
has awarded 259 grants to federally recognized American Indian and Alaska Native communities through
a highly competitive process.
TCAP’s goal is to develop new tribal courts, improve the operations of existing tribal courts, and provide
funding for technical assistance and training of tribal court staff. The objective in reaching this goal is to
help tribal governments develop, enhance, and continue the operation of tribal judicial systems, including
intertribal court systems.
Both onsite and offsite technical assistance and training is available to all grantees. Technical assistance
also is provided to help grantees develop program goals and measure how well these goals are being met.
Funding for the Tribal Courts Assistance Program. There are three separate categories for which federally recognized tribes may apply:
- Category I—Planning and Implementing an Intertribal Court System for Smaller Service
Populations. Applications are sought from consortia of tribal governments (at least two per
consortium), each of which serves a population of less than 1,000 people, to plan, develop, and
implement a tribal court system where none currently exists. This category focuses on smaller tribes,
located contiguous to or near other tribal governments, for which the creation of an intertribal court is
economically and administratively feasible. Grant funds may be used to facilitate the development
and initial implementation of an intertribal court system that will be designed to meet the needs of
more than one tribe in the same geographic region.
Distances of several hundred miles separating tribes and rugged or inhospitable terrain can adversely
affect the development of a collaborative partnership by making it logistically too difficult or
economically unfeasible to establish an intertribal court. In these severe circumstances, and given that
a tribal government can succinctly justify such hardships and incorporate this information into its
application under the problem definition section of its program narrative (see Selection Criteria), such
a tribe may apply as a single entity.
- Category II—Planning and Implementing a Single-Tribe Court System. Applications are sought
from tribal governments that serve a population equal to or greater than 1,000 people for the
development and initial implementation of a tribal court that will meet their needs. Tribal
governments may apply for grant funds to facilitate the development and initial implementation of a
tribal court system where none currently exists.
- Category III—Enhancing or Continuing the Operation of Tribal Courts. Applications are sought
from tribal communities, regardless of the size of their service populations, to enhance or continue the
operation of existing tribal courts. Initiatives may include, but are not limited to, establishing a core
structure for a tribal court, improving case management, training court personnel, developing code,
acquiring additional equipment and software, enhancing prosecution and indigent defense, supporting
probation diversion and alternative sentencing programs, accessing services, focusing on juvenile
services and multidisciplinary protocols for victims of child physical and sexual abuse, and
structuring intertribal or tribal appellate systems.
Both onsite and offsite technical assistance and training are available to all grantees. Technical assistance
also is provided to help grantees develop program goals and measure how well these goals are being met.
Program Accomplishments:
Throughout the Tribal Courts Assistance
Program, BJA managers have interacted
with and collected information from the
field, departmental officials, and
regional and national tribal courts
advisory boards for the purpose of
assessing program pitfalls and
accomplishments, and recommending
modifications. These actions have not
only fostered the development of new
partnerships but have helped BJA to
meet the evolving needs of tribal justice
systems and achieve higher customer
satisfaction. Recent accomplishments
follow:
Technical assistance has been
restructured to provide better customer
service. In order to maximize the
delivery of technical assistance and
training services, reduce overhead, and
enhance managerial practices, the
number of grants to providers was
significantly reduced and a single
organization was identified to coordinate
activities in conjunction with BJA.
Leading this effort is the Tribal Judicial
Institute at the University of North
Dakota School of Law, which is
responsible for establishing a cadre of
culturally relevant consultants;
subcontracting select services; and
planning and conducting a wide array of
national, regional, and local venues. Its
consortium of providers includes:
- The National Tribal Judicial Center at
The National Judicial College, Reno, NV;
- Fox Valley Technical College, Appleton,
WI;
- National Institute for Trial Advocacy,
Louisville, CO;
- Notre Dame Law School, South Bend,
IN;
- Native American Alliance Foundation,
Albuquerque, NM;
- Tribal Law and Policy Institute, CA;
- National Tribal Justice Resource Center,
Boulder, CO;
- Oklahoma City University Law School,
OK;
- Native American Rights Fund, Boulder,
CO;
- Alaska Native Justice Center,
Anchorage, AK.
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