| Congress has plenary or complete authority over Indian affairs. This means that Congress has unlimited discretion to regulate affairs on an Indian reservation. Under federal law, Indian nations are quasi-sovereign; that is, they have power in some areas but not in others. For example, Indian nations can operate tribal governments and manage their own property and resources. However, they cannot conduct foreign relations or prosecute non-Indians who commit crimes on reservations. Indian nations have adopted tribal codes, which usually combine traditional law with state law and federal law.
Tribal Courts
American Indian tribes have set up tribal courts, which operate under laws and procedures that the tribe has adopted. These laws and procedures often differ from the laws and procedures followed by federal and state courts.
Tribal Court Judges
Tribal judges do not have to be attorneys. They are often respected members of the tribe who have been appointed by the tribal council for a term. Some tribal judges are elected.
Jurisdiction of Tribal Courts
Tribal courts have jurisdiction over Indian reservations. They hear cases involving domestic relations, debt collection, and juvenile delinquency if the dispute arose within the reservation. Tribal courts cannot prosecute a non-Indian who commits a crime on a reservation. If the victim is Indian, the perpetrator would be prosecuted in federal court. If the victim is a non-Indian, the perpetrator would be prosecuted in state court. Tribal courts can prosecute any Indian who commits a crime on the reservation. Most tribes do no prosecute serious felonies, and tribal courts cannot impose a sentence of longer than one year in jail.
Appeals in Tribal Courts
The appellate court is the highest tribal court. A decision of the appellate court can only be appealed to a federal court if the decision involves a federal question.
Full Faith and Credit
Full faith and credit means that one state honors or recognizes the judgments of another state's courts. Most states do not have a full faith and credit relationship with the tribal courts, nor do the tribal courts give full faith and credit to state court decisions. However, federal law requires child support orders and domestic violence protective orders to be recognized by federal and state courts.
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