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Thursday, September 14, 2023

8:30am - 8:45am 

Opening

Location: Catalina / Madera/ Pasadena

  • Welcome Remarks from the Tribal Law and Policy Institute

8:45am - 9:45am 

Plenary

Location: Catalina / Madera/ Pasadena

Celebrating 16 Years of Joint Jurisdiction Courts: “Where We Started, Where We Are, and Where We Are Going”

  • Hon. Korey Wahwassuck, Judge, Itasca County District Court

  • Hon. Evelyn Dolchok, Chief Tribal Judge, Kenaitze Indian Tribe

Plenary Description: Tribal, state, federal, and local courts operate in a patchwork of overlapping jurisdictions, facing common challenges and limited resources. To address these concerns, a growing number of courts have come together in a joint jurisdictional model that acknowledges each other’s autonomy, while sharing resources for better outcomes for everyone. During this plenary session, two Joint Jurisdiction Court practitioners will tell the story of how joint jurisdiction courts began, discuss their implementation and development over the years, share lessons learned, and make recommendations for other jurisdictions considering a collaborative approach to heal their own communities and improve outcomes for the people they serve.

I1 - Adult Healing to Wellness Court

Location: Catalina / Madera/ Pasadena

9:45am - 10:00am 

Break (On your own. No government provided meals or break food or beverages.)

10:00am - 11:15am

1st Breakout - Sessions I

The Indian Child Welfare Act (ICWA) at the Supreme Court and Learning of Promising ICWA Practice through ICWA Courts (PowerPoint PDF)

  • Sheldon Spotted-Elk, Senior Director, Judicial National Engagement, Casey Family Programs

Session Description: Haaland v. Brackeen was decided 7-2 at the Supreme Court upholding the constitutionality of the ICWA. During the buildup to the final decision, nearly 500 Tribes and twenty-plus states signed amicus briefs addressing the constitutionality and on-the-ground practice to support ICWA as the “gold standard of child welfare.” Attendees will learn about the decision and how through ICWA “Congress exercised that lawful authority to secure the right of Indian parents to raise their families as they please; the right of Indian children to grow in their culture; and the right of Indian communities to resist fading into the twilight of history. All of that is in keeping with the Constitution’s original design.” Further learn about ICWA courts—20 specialty courts—throughout the country that are capturing both the black letter and the spirit of the ICWA to improve legal outcomes for Indigenous families.   

I2 - Juvenile/Family Healing to Wellness Courts

Location: Sierra

Best Practices in Conducting Juvenile Healing to Wellness Court Processes (Intake, Staffing, Status Hearing and Case Management Meetings) (PowerPoint PDF)

  •  Nan Benally, Juvenile Healing to Wellness Court Training and Technical Assistance Specialist, Tribal Youth Resource Center, Tribal Law and Policy Institute

  • Erin Thin Elk, Consultant, Tribal Youth Resource Center, Tribal Law and Policy Institute

  • Pat Sekaquaptewa, Juvenile Healing to Wellness Courts Training and Technical Assistance Manager, Tribal Youth Resource Center, Tribal Law and Policy Institute

  • Laura Smith, Program Coordinator, Tribal Youth Resource Center, Tribal Law and Policy Institute

  • Ethleen Iron Cloud-Two Dogs, Tribal Youth Training and Technical Assistance Manager, Tribal Youth Resource Center, Tribal Law and Policy Institute (Moderator)

Session DescriptionThis session will feature a walk-through intake as well as Juvenile Healing to Wellness Court hearing. The intake will focus on some common questions and issues to avoid during these critical stages of participant involvement. Presenters will engage with the audience to gain their input on what next steps should be and what could have been done differently. The walk-through intake will address issues such as family involvement, participant willingness, and confidentiality. The performance will culminate in a Juvenile Healing to Wellness Court Hearing where participants will show what to expect during a hearing and common issues that may stem from the intake/case management process.

I3 - Establishing Wellness Courts

Location: Mojave

The Danger on the Roads: Courts and Impaired Drivers (PowerPoint PDF)

  • Hon. Eric Mehnert, Chief Judge, Penobscot Nation Tribal Courts; American Bar Association Region 1 Judicial Outreach Liaison

  • Hon. Mary Kate Huffman, Judge, Second District Court of Appeals, Dayton Ohio; American Bar Association National Judicial Fellow

Session Description: In a recent study, the National Highway Traffic Safety Administration collected data revealed that alcohol-related crashes in 2019 resulted in 14,219 fatalities, 497,000 nonfatal injuries, and $68.9 billion in economic costs. A person dies every 45 minutes in the United States resulting from drug- or alcohol-impaired driving.  Despite the universally recognized dangers of driving while intoxicated, data indicates that alcohol-impaired driving deaths among American Indian and Alaska Natives rise to between two and seventeen times greater than rates among other racial or ethnic groups. This program will review research and data related to the dangers of operating a vehicle under the influence of alcohol and/or drugs, the changing demographics of the impaired driver, evidence-based practices applied to driving under the influence, utilizing motivational interviewing in the adjudication, and supervision of drivers operating a vehicle under the influence of drugs or alcohol.

I4 - Mentor Courts

Location: San Jacinto

Mentor Court Workshop

  • Alyssa Harrold, Tribal Wellness Court Specialist, Tribal Law and Policy Institute (Moderator)

Session Description: TBD.

11:15am - 11:30am

Break (On your own. No government provided meals or break food or beverages.)

11:30am - 12:45pm

2nd Breakout - Sessions J

J1 - Adult Healing to Wellness Court

Location: Catalina / Madera/ Pasadena

Development Considerations for Tribal Healing to Wellness Courts in Alaska (PowerPoint PDF)

  • Pat Sekaquaptewa, Juvenile Healing to Wellness Courts Training and Technical Assistance Manager, Tribal Youth Resource Center, Tribal Law and Policy Institute

  • Grace Carson, Skadden Fellow, Tribal Law and Policy Institute

Session Description: Implementing a Healing to Wellness Court in Alaska is particularly complex because of a variety of issues, including limited Indian Country and privileged state jurisdiction in Alaska and unique challenges facing Tribes in rural Alaska. This session will explain those challenges and the solutions to them by setting out potential models and configurations for the design of Tribal Healing to Wellness Courts in Alaska. It will also discuss examples of memorandums of understanding and agreement between Tribal and state governments and organizations that would help to implement Healing to Wellness Courts in Alaska. This session will take directly from Tribal Law and Policy’s new publication, Development Considerations for Tribal Healing to Wellness Courts in Alaska, in which the intended purpose of the publication is to provide initial talking points for interprofessional (between law and treatment) and intergovernmental (between the Tribes and the state) dialogue and negotiations, as well as to provide a number of models with which to react. The authors hope to facilitate respectful good-faith discussions that will lead to the creation of something new and mutually beneficial, with adaptations and innovations that work for the Native communities served.

J2 - Juvenile/Family Healing to Wellness Courts

Location: Sierra

The Art of Rebuilding: The Willingness to Change (PowerPoint PDF)

  • Hon. Sherrie Harris, Juvenile Judge, San Carlos Tribal Court, San Carlos Apache Tribe

  • Hon. Karla Comanche, Chief Judge, San Carlos Tribal Court, San Carlos Apache Tribe

  • Laura Smith, Program Coordinator, Tribal Youth Resource Center, Tribal Law and Policy Institute (Moderator)

Session Description:  COVID-19 presented challenges in the planning process; we will describe some of the challenges we experienced and discuss the steps we have taken to overcome and address these challenges, based on the feedback received from partners and stakeholders and reassessing the work done prepandemic. This reflection identified the need to improve communication and collaboration within our team as well as restructuring our approach to court development. The team was able to prioritize meeting the needs of community youth post-COVID-19 while still meeting project goals and objectives.

J3 - Establishing Wellness Courts

Location: Mojave

Telling Your Story: It’s More Than Just Numbers (PowerPoint PDF)

  • Nan Benally, Juvenile Healing to Wellness Court Training and Technical Assistance Specialist, Tribal Youth Resource Center, Tribal Law and Policy Institute

  • Angie Juárez-Monger, Tribal Wellness Court Specialist, Tribal Law and Policy Institute

Session Description: Often programmatic success is defined by quantitative data measures. The session will demonstrate how to use data descriptively to capture the collective spirit of a community’s efforts that speak to the strengths-based models of healing, wellness, and programmatic success. Practice utilizing narratives to enhance how data can expand your program’s mission and goals and can tell the real success stories.

J4- Mentor Courts

Location: San Jacinto

Restorative Legal Approaches: What Is Justice in Your Language? (PowerPoint PDF)

  • Sheldon Spotted Elk, Senior Director, Judicial National Engagement, Casey Family Programs

Session Description: Attendees will learn about approaches to restorative practices that are proximate to culture and trauma informed that are “with” families, rather than “to” families. Learn together and participate in envisioning a future of empowered families, safe children, and resilient communities.  

12:45pm - 1:15pm

Closing

Location: Catalina / Madera/ Pasadena

  • Closing Remarks from the Tribal Law and Policy Institute

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