TRIBAL PROGRAM NEWS
Criminal Code and ICRA
by Diane Henkels
This month’s article has two parts. The
first is a summary of comments we have
received at community meetings regarding
a draft of the revised Criminal Code. The
second is about the Indian Civil Rights Act
and includes a brief background of this
federal law and the full text of the law itself.
Community Comments
We have presented a first draft of a
revised Criminal Code to area offices, the
elders, and those who work directly with
issues covered in the code. We received
very helpful input from tribal members and
staff at all of the area offices and from
the elders.
Head Start kids trick-or-
treat at the administration
building in Siletz
Some issues where community input
is especially helpful include deciding how
to order the criminal offenses, how the judge
should decide a sentence, whether and how
to include juries, how many jurors to decide
a case, and whether to include major
crimes, like murder, rape, and first-degree
assault, in the code if the maximum
punishment is only one year imprisonment
and a $5,000 fine.
The following comments address
these issues and others:
Siletz Tribal
Court and
Code
Development
stated that peyote is not a traditional way
of the Siletz Indians. They also stated that
they do not want peyote available to people
here, especially our Native youth.
A big issue is how to deal with major
From Eugene:
crimes. People are wondering if major
Where do the reporting laws apply?
crimes, such as rape, murder, kidnapping,
What about confidentiality?
etc., will be dealt with in Tribal Court. They
Federal laws require tribal agencies to
report child abuse to the appropriate asked, “Why even bother with big offenses
when you can send them off to state court
officials. The state of Oregon can suspend
for bigger sentencing?” The Indian Civil
the professional license of a person who
Rights Act limits punishment to one year
fails to report child abuse. The CTSI
imprisonment and a $5,000 fine. (See page
personnel manual requires all tribal
17 for more information on this law.)
employees who reasonably suspect abuse
Someone mentioned banishment
or neglect of a minor to report this to CTSI
for major crime offenders, not allowing
Indian Child Welfare.
Native felons to attend ceremonies such as
Does law enforcement treat Indian
pow-wows, sweats, pipe ceremonies, etc.
youth fairly in Siletz?
But going to all these ceremonies is a way
Who are the Tribal Court judges? Cal
to heal yourself and cleanse your body.
Gantenbein is the chief judge. Other judges
When Native Americans go to sweats and
are Robert Dickinson, Arthur (Art) Fisher,
ceremonies to pray and heal themselves,
and Edmund Goodman. Biographies of the
it’s the same as white people going to
judges are available through the Tribal Court
church to pray. These Native ways should
or the ANA Tribal Court and Code
be open to any Native.
Development project.
Also, a major issue is the age-old
problem of loose dogs and cats.
From Siletz:
We discussed putting the draft code
The project should have copies of on the Web. Project staff are exploring
the CTSI Criminal Code drafts for the
this option.
community to review and include a table
What two parts of the U.S.
of contents. Each area office and the
Constitution apply to Indian tribes?
project office has a copy of the drafts for
These are the “Indian Commerce
each code in a clearly marked binder. ANA
Clause” and a provision about counting
Court and Code staff will bring at least three
Indians for the purpose of taxation. The
copies of the draft Criminal Code to the
Indian Commerce Clause says that
meetings. We have included a table
Congress shall regulate commerce with
of contents.
Indian tribes. This has been used as a
Should we make the Peacemaker primary source to establish congressional
part of the code? The draft Criminal
authority to deal with Indian tribes.
Code refers to “other courts” and the next
There was concern that we address
draft will make this more specific. The
drugs and alcohol. This Code covers
project also will work on the Peacemaker/ alcohol and drugs, including tobacco.
traditional court.
What about prohibiting peyote on
the Siletz Reservation? Some people
(See Criminal Code on page 16)
15