V.
Tribal Court Offers
Many Services
The Confederated Tribes of Grand Rondc has been
growing a lot While it is difficult to keep up with all the
departmental changes, development, and new services, many
tribal members arent even aware a tribal court exists.
Tribal Court was established in 1990 as part of a
mechanism designed to uphold the tribal constitution and
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Smoke Signals
November 1992
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Les Marston, Tribal Court Judge
maintain the rights of all tribal members. The. court exists
separately from state and federal courts, but has limited
jurisdiction. Les Marston, Tribal Court Judge and attorney
for California Indian Legal Services described the types of
cases handled by Tribal Court.
"Under the tribal constitution, the court can review
decisions of the Tribal Council to determine if they violate
any rights, hear disputes or appeals involving personnel
matters, and hear cases involving juvenile or child welfare
laws."
Juvenile cases are closed to the public and must
involve a child from an Indian home. "It is important for
people to know I am not on anyone's side but the child's.
During these cases, it is my job to determine what is best for
him or her," said Marston.
The Tribe has also been granted the authority to
perform marriages, record births, and legally change names.
Tribal attorney Michael Mason is working on an ordinance
that would allow the Tribe to grant simple divorces to tribal
members. This would only apply to divorces where there are
no conflicts over children and no land involved.
Dakota Sangretta-Whitecloud, Deputy Court Clerk,
recently took advantage of one of the services provided by
Tribal Court, and changed her name. "The Court provides
convenient services for tribal members at a lower cost," she
said. A legal name change through the state costs $500,
while it is a mere $25 through Tribal Court.
As Deputy Court Clerk, Sangretta-Whitecloud
knows how many cases the Tribe has, and feels more people
should use them. "Tribal members need to recognize all the
services that are available, especially, the legal ones. At this
point, it could only make the court stronger."
As the Tribe continues to grow and expand, Tribal
Court is expected to do the same. Many would like to see the
location moved from the main offices to ensure privacy and
minimize disruptions.
Jackie Whisler, Tribal Court Clerk, is responsible
for taking calls for cases, filing petitions, and calling the
NOVEMBER MEALSITE MENU
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Birthdays in November: Elvina Wheeler Norma Lewis Roy Langley
Thelma Richard, Vincent Mercer Harold Baker Carl Gregg
Marjorie Scheese Frederick McGee Dorothy Ledford Clarice Ellison
JoAnn Brisbois Gordon Linton Jolene Bean Ha Dowd
cases during court, among other things. She feels expansion
in the court system is very likely. For example, if the Tribe
began building housing on the reservation, the court may
have to a adopt a plan to cover legal issues concerning
housing. "Council votes on codes, ordinances, and proposals.
Whatever they vote to approve could be a new law." she said.
What members of the court seem to stress most is
that the court is accessible. "We are literally open twenty
four hours per day," said Les Marston. "There is a mail slot
at the tribal offices, and I am always available by phone."
Tribal Court convenes on the third Thursday and Friday of
every month, and schedules cases accordingly.There are fees
involved, but they can be waived for people who cannot
afford them. The court system is accessable to anyone.
The presence of the Tribe's own court helps allow
it function as a sovereign nation, that was meant to serve
the tribal membership. Said Marston, "The Tribe can
govern itself under its own laws. The people have the right
of home rule. That's a very powerful tool."
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Deputy Court Clerk Dakota Sangretta-Whitecloud, Judge Les Marston,
and Court Clerk Jackie Whisler.