Image provided by: University of Oregon Libraries; Eugene, OR
About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (April 6, 2011)
r Spilyay Ty moo, Wai "tv Springs, Oregon Page 5 April 6, 2011 Law and Order Act: Questions and answers Birthday and other wishes... The Tribal Law and Order A ct o f 2010 brings sign ifica n t lon g term changes to law and order on the reservation. Tribal attorney Lauren L ester answers frequently asked questions by Warm Springs community mem bers regarding this law: Happy birthday on April 7, 2011 to our son Thomas Chester Sam. Hope you have a great day. Love you a lot, son. From your mother and father Marella and Rob ert Sam Sr. Q: What are the stated goals of the Tribal Law and Order Act of 2010? impose on a person a total term of imprisonment for up to nine years in one criminal proceed ing (if a person is charged with and convicted of more than one offense as part of a criminal proceeding). Q: Will the Tribe imple ment the enhanced sen tencing authority allowed by the TLOA? A: Congress passed the Tribal Law and Order Act o f 2010 (“TLOA”) in an effort to im prove public safety in Indian country by (1) increasing coor dination and communication among federal, state, tribal, and local law enforcement agencies; (2) empowering tribal govern ments with the authority, re sources, and information nec essary to effectively provide public safety in Indian country; and (3) reducing violent crime, drug trafficking, and drug and alco ho l addictio n in Indian country. A: The tribe has not yet de termined if it will implement the enhanced sentencing provisions of the TLOA, but will be con sidering the issue over the com ing months. At this point, the Tribal Court does not impose total sentences greater than one year and/or a fine of $5,000 in any one crimi nal proceeding. Q: Does the TLOA change the criminal sen tencing authority of the tribal courts? A: If the Tribe decides to impose sentences greater than one year in any criminal proceed ing, the Tribe will need to: • Provide to the defendant the right to effective assistance of counsel • Provide a licensed attorney to defendants who cannot af ford to hire an attorney • Require that the judge(s) presiding over the criminal pro ceeding be (1) trained to preside over criminal proceedings, and (2) licensed to practice law • Make all criminal laws and regulations available to the pub lic • Maintain a record of the criminal proceeding • Ensure that the defendant A: Yes, the TLOA amended the sentencing limits contained in the Indian Civil Rights Act. Previously, the Indian Civil Rights Act provided that tribes could not impose any punish ment greater than im prison ment for one year and/or a fine of $5,000 for the conviction of any one criminal offense. The Indian Civil Rights Act now provides that, i f certain due process requirements are met, tribes may im pose sentences up to three years and/or a fine of $15,000 for the conviction of certain serious offenses, and to Q: If the tribe decides to implement the enhanced sentencing authority al lowed by the TLOA, what conditions must the tribe meet? The law requires the Secretary o f the Interior and the Attorney Gen eral to work with tribes to form a nationwide long-term plan fo r the construction and opera tion o f Indian juvenile detention and treatment centers... is incarcerated in a tribal, state, or federal facility appropriate for long-term incarceration. Q: Does the TLOA in crease funding for tribal public safety and tribal court programs? A: No, the TLOA reautho rizes a number of existing grant programs and expands existing authorities that already receive funds. But the TLOA did not authorize any new funding. Thus, if the tribe decides to take the steps necessary to implement enhanced sentencing, it will need to use existing resources to do so. Q: What impact will the TLOA have on juvenile of fenders? A: The TLOA contains a number of provisions related to juveniles. Most significantly, it requires the Secretary of the Interior and the Attorney General to work with tribes to form a nationwide long-term plan for the construc tion and operation of Indian juvenile detention and treatment centers. That plan must be completed by the end of July 2011. The wsnews.org For Grandma TLOA also created a Tribal Youth Program to fund tribal juvenile delinquency prevention and treatment programs through competitive grants. Q: Will the TLOA im prove enforcement of fed eral law on the Reservation? A: Yes, one of the purposes o f the TLOA is to increase prosecutions of federal crimes that occur on the reservation. For example, the TLOA re quires the U.S. Attorney’s Office to appoint tribal liaisons to co ordinate with tribes on prosecu tion of crimes in Indian coun try. The TLOA also attempts to streamline the process by which tribal police officers can become commissioned federal officers that have the authority to en force federal law on the Reser vation. The tribe recently entered into an agreement with the BIA whereby tribal police officers who meet certain requirements can receive federal commissions from the BIA. Happy birthday to my y ay a Thomas Chester Sam. Love you, y a y a . I am gla d y o u ’r e my y ay, lo ts o f lo v e fr o m C la ra n ce Vernon Sam. Happy birthday to our Uncle Thomas Chester Sam. Hey Uncle, hope your day is a good one. We all say happy birth day and we all love you a lot, from: Woody Jr., D artanian, Kaylobe, Eslisha and Chantel Picard—Janathian Tracy Ray and Gerald Tias Jr. This April 7, 2011, we want to say a big happy b irth d a y to our b ab y brother Thomas Chester Sam . We a ll love yo u , from all of us, Tracy R ay Sam Sadie and Woody Sr., Robert Jr., Jeleah Sam — E lsie and Joey, Neda and Gerald Tias Sr. This A pril 7, a big happy birthday to our grandson Thomas Chester Sam, with all of our love from: your grand mother Eliza and Harvey Jim and family. Happy birthday, Daddy Ray Bobb (4/11)! Love, Freddie <& R on, B obbi, T ravis, A m y, M ichael and Kendall. Happy birthday, D uran (4/17). From Ron. Alcoholics nonymous Q: Does the TLOA affect the status of the Warm Springs Reservation under Public Law 280? Warm Springs Community Counseling Wednesday - 12-Noon & 7:00 p.m. Saturday -10 a.m. A: No, the Warm Springs R eservation rem ains exempt from state criminal and civil ju risdiction under Public Law 280. AFFORDABLE TIRES N e w - n - U sed 304 M adison S t ., S uite 102 M adras , OR. 97741 I saac H ector 541 - 693-3742 541 - 693-3386 We take tim e to say eryone, no m atter what they’ve th an k yo u , drum m ers, done. You were the one we a ll cooks, b ell rin ger, and could lean on, even though it undertaker, for your help must f e l t like a ton. You were and tim e, h elp in g with alw ays the stren gth o f “our our G randm a M argo fa m ily,” now we m ust let y o u B o ise, fu n eral on Feb. rest calmly. A s we say our goodbye, as 24, 2011. From the Boise family, tears roll down ou r eyes, we Lawrence family, Saludo know y o u ’re p la ce in Heaven fam ily, S trad ley fam ily, has a good view. We need to know y o u al D o n ey k id s , Ted an d w ays be in ou r h ea rts an d R achel Barney, Sam fam ily, Shikes, Jode Goudy mind. So Grandma Boise, we family, L iz Yaw and fam must go but w ill never forget, ily , fa m ily and frien d s y o u ’r e one o f a kind. Sincerely, R a ch el an d Ted B arney, an d m an y g ra n d c h il Doney kids, Carol and D aniel dren. L o ts o f lo v e to ou r Grandma M argo Boise, thank y o u f o r the g i ft o f love, now y o u ’re sharing it up above. You had many things to say, a ll in a caring way. You always say good in ev — Legal Aid Services of Oregon provides free a ssista n ce to low - income Oregonians in m any c iv il cases. Speak with an attorney during drop-in hours 1 to 4 p.m. on the first L aw ren ce, A rn etta S aludo fa m ily , T erry a n d Tony Stradley, U ncle Tony B oise fa m ily , y o u n g B oise fa m ily, N eteva fam ily, Justin, Su^ette- P atricia Boise, many fa m ily and friends. A pril 20 + 21,2011 Monday of the month at the Family Resources C enter in Warm Springs. Or call 385- 6944 Monday through Thursday between 9 a.m. and 4 p.m. (at lunch from noon-1 p.m.) G r a n d ro n de , O regon A G A T H E R IN G OF N A T IV E A M E R IC A N BU SIN ESSES & T R IB A L EN TER P R ISES s___ ______________________ i- T
