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Alaska Tribes

Alaska Tribes

Dedicated to providing Alaska's Native Tribes with resources and information regarding tribal courts and participation in state court ICWA proceedings

A project of Alaska Legal Services Corporation

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Tribal Court Codes

Tribal Court codes are important for the function of the tribal court. The codes can provide details for tribal government structures and procedures, outline the laws that the tribal government will enforce, regulate activities in the village, provide for a smooth flow of government and continuity between administrations, and will promote respect from other governments and institutions. Perhaps most importantly, tribal court codes can protect the Native cultural activities and traditions specific to the Tribe. Though developing a written code may seem like a daunting task, there are helpful resources available. 

Drafting Codes

When your Tribe decides to draft tribal court codes, it may be helpful to use discussion items to get started. A list of sample discussion items to start the conversation can be found under “Resources.”

Tribal Codes can cover a diverse range of subject areas. For example, a Tribe can develop codes regarding tribal government structures and procedures, law and order, domestic relations, health and safety, land management, natural and cultural resources, and tribal business operations. The Tribe would then further develop law in each of those areas. 

As an example, a Tribe that developed a Law & Order Code may further want to develop specific codes regarding underage drinking, trespass, vandalism, theft, minor assaults, truancy, juvenile curfew, disorderly conduct, alcohol regulation, etc. 

To help understand what an Alcohol Control Code might look like, view this sample code:

Sample Alcohol Control CodeDownload

The presentation “Tribal Constitutions & Codes” by UAF BB Campus and ALSC provides helpful information on building tribal codes. The presentation is best viewed in full-screen mode (click icon at the bottom of the presentation). Advance the slides by clicking on each slide or the arrows at the bottom. It can also be downloaded from the “Resources” to the right. 

Family Code Development

ALSC recently held a webinar on Tribal Court Family Code Development: A Practical Guide (2018). This presentation offers a step by step guide to help develop a family code for tribal court. A recording of the presentation can be viewed below and the slides downloaded for future reference.

Family Code Drafting Presentation SlidesDownload

If your tribe is interested in learning more about code drafting or would like help drafting a tribal code, contact a private attorney or your local ALSC office.

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Resources

  • Flowchart for What Law Applies in Tribal Courts
  • Sample Codes
    • Alcohol Control and Search Warrant
    • Discussion Items for Judicial Code
  • Tanana Chiefs Conference
    • Government Materials
  • UAF Tribal Codes and Constitutions Powerpoint Presentation

Alaskatribes.org has been prepared for general information purposes only. The information on Alaskatribes.org is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state to state, so that some information on this web site may not be correct for your jurisdiction. Finally, the information contained on Alaskatribes.org is not guaranteed to be up to date. Therefore, the information contained in this web site cannot replace the advice of competent legal counsel licensed in your state.

This project was supported by Grant No. 2015-AL-BX-0001 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

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