Archived Conference Materials from
TRADITIONAL PEACEMAKING: Exploring the Intersections between Tribal Courts and Peacemaking, Including Alternatives to Detention
The Native American Rights Fund Indigenous Peacemaking Initiative, in collaboration with the Columbia School of Law and in response to a request from (and in collaboration with) the National American Indian Court Judges Association (NAICJA), conducted a training titled Traditional Peacemaking: Exploring the Intersections between Tribal Courts and Peacemaking, including Alternatives to Detention. The Bureau of Justice Assistance-sponsored training was held on October 6-7, 2014, in Catoosa, OK (Cherokee Nation territory). NAICJA is the Training and Technical Assistance Provider under the Tribal Civil and Criminal Legal Assistance (TCCLA) Grant.
The training was attended by 60 participants (18 tribes and 7 non-profits), including two TCCLA Grantees and several Indian Legal Services sub-grantees. The training introduced grantees and other attendees to the various peacemaking models that are being used in tribal courts, including those that are being used as alternatives to detention. The goal of this training was to explore the ways in which tribal courts integrate traditional justice and community values into varied aspects of tribal civil and criminal justice, to provide experiential training and tips for accessing tribal judicial systems that utilize cultural forms of justice, and to provide explanation of how traditional peacemaking can unlock new approaches to provide effective representation of civil and criminal legal services clients, with special attention to criminal defendants whenever appropriate.See bios for conference presenters.
October 6, 2014
8:00 AM Registration/Check-in
8:30 AM Traditional Opening Welcome/Prayer/Woksape
8:45 AM Cherokee Nation Morning Song - Marissa Mitchell, Cherokee National Youth Choir
8:50 AM Welcome from NAICJA – Justice Kevin Briscoe, Board of Directors, National American Indian Court Judges Association
8:55 AM Roll Call of Tribal Nations Present – Brett Shelton, Staff Attorney, Native American Rights Fund
9:10 AM Overview of Conference – Shawn Watts, Associate Director, Edson Quieroz Foundation Mediation Program, Columbia Law School
MORNING PLENARIES
9:30 AM – 10:30 AM Positive Aspects of Peacemaking in Tribal Communities
Facilitator: Nikki Borchardt-Campbell, Program Administrator, National American Indian Court Judges Association
Presenters: Cheryl Fairbanks, Judge, Intertribal Court of Appeals of Nevada
Brett Shelton, Staff Attorney, Native American Rights Fund
Description: Peacemaking is a traditional, Native method of resolving conflict. Peacemaking doesn't just resolve a conflict or address a wrong done by one to another. It creates or restores a network of relationships and highlights the interconnectivity between many more people than just the parties to a dispute. When two people have a problem between them, criminal or civil, it is not just the parties who suffer—rather, their families and the community they live in suffer as well. Peacemaking addresses problems within the bigger context in which the problems arise- resulting in a more holistic and inclusive solution. This process has many positive aspects when employed in Tribal communities, including developing more sustainable resolutions that are better supported by the community, reducing costs to the justice and law enforcement system, revitalizing tribal culture and pride in identity, and freeing up resources to more adequately allow for defense of indigent defendants.
10:45 AM – 12:00 PM Peacemaking Doesn't Operate in a Vacuum: The Importance of Context
Facilitator: Nikki Borchardt-Campbell, Program Administrator, National American Indian Court Judges Association
Presenters: Dr. Nora Antoine, Advisory Committee Member, Indigenous Peacemaking Initiative
Description: The process and effectiveness of Peacemaking necessarily depends on the local context. In tribal communities this means that the culture, language, and history, and shared group histories of the people involved play a big role throughout Peacemaking. Other systemic options and forces also influence the role and conduct of Peacemaking, such as: other justice systems available and perceived risks and benefits of all options, and ensuring that victims' safety is maintained while their voices are adequately represented. Understanding the context, the entire surroundings, in which Peacemaking takes place is important to plan and to help frame expectations of a Peacemaking program. (Included in this program is a video that is available from https://www.youtube.com/watch?v=neWtt3sAqMM&feature=youtu.be.)
1:30 PM – 3:00 PM AFTERNOON BREAKOUT SESSIONS
A. Sentencing Alternatives
Presenters: Jennifer Kirby, Project Director, Reclaiming Futures Cherokee Nation
Brett Lee Shelton, Staff Attorney, Native American Rights Fund
Description: Peacemaking considers the possibility of broader impacts of wrongful actions and what will help offenders be more able to act appropriately in the future. It allows courts to access alternatives to conventional sentencing that create more enduring healing, reduce recidivism, and allow families and communities to remain whole while allowing victims to have their perspectives voiced and their safety ensured.
B. Approaching Culturally Appropriate Justice with Indigent Defendants
Facilitator: Shawn Watts, Associate Director, Edson Quieroz Foundation Mediation Program, Columbia Law School
Presenters: Hon. Michael Smith, District Court Judge, Sac & Fox Tribal Court
Hon. Eldridge Coochise, Chief Justice, Ret. (Hopi)
Description: Ability to pay for legal services should not negatively impact access to culturally appropriate justice. This is true whether culturally appropriate justice means appropriate sentencing, or appropriate processes to resolve disputes. Peacemaking principles afford a better opportunity for indigent defendants to access culturally appropriate justice in both situations and provide better and more sustainable outcomes.
C. Peacemaking Programs at Work in Tribal Nations/Tribal Models
Facilitator: Hon. Cheryl Fairbanks, Attorney, Judge, Intertribal Court of Appeals of Nevada
Presenters: Dr. Nora Antoine, Advisory Committee Member, Indigenous Peacemaking Initiative
Hon. Kevin Briscoe, Chief Justice Mississippi Band of Choctaw
Hon. JoAnn Battise, Senior Peacemaker, Alabama Coushatta Tribe
Description: This session will provide examples of different ways and topical areas in which Peacemaking can be implemented at the Tribal level. The focus will be to show the diversity of possibilities, empirical examples, and resources for further consideration, so that individual Tribes can create implementation strategies best suited to their own local conditions.
3:30 PM – 5:00 PM AFTERNOON BREAKOUT SESSIONS
A. Peacemaking from the Ground Up
Facilitator: Elton Naswood
Presenters: Shawn Watts, Associate Director, Edson Quieroz Foundation Mediation Program, Columbia Law School
Larry Williams, Forensic Social Worker and Court Consultant, Alabama Coushatta
Description: Many important decisions have to be made by Tribes implementing a new Peacemaking system. This panel will discuss the critical stages of designing a Peacemaking system and the various considerations for decision making at each point. Special emphasis will be placed on helping tribes think about which issues are most important to their particular cultures and the various sources of internal wisdom and history upon which they can draw.
B. Approaching Culturally Appropriate Justice with Indigent Defendants
Presenters: Hon. Michael Smith, District Court Judge, Sac & Fox Tribal Court
Brett Lee Shelton, Staff Attorney, Native American Rights Fund
Hon. Eldridge Coochise, Chief Justice, Ret. (Hopi)
Description: Ability to pay for legal services should not negatively impact access to culturally appropriate justice. This is true whether culturally appropriate justice means appropriate sentencing, or appropriate processes to resolve disputes. Peacemaking principles afford a better opportunity for indigent defendants to access culturally appropriate justice in both situations and provide better and more sustainable outcomes.
C. Peacemaking Programs at Work in Tribal Nations/Tribal Models
Facilitator: Hon. Cheryl Fairbanks, Attorney, Judge, Intertribal Court of Appeals of Nevada
Presenters: Dr. Nora Antoine, Advisory Committee Member, Indigenous Peacemaking Initiative
Hon. Kevin Briscoe, Chief Justice Mississippi Band of Choctaw
Hon. JoAnn Battise, Senior Peacemaker, Alabama Coushatta Tribe
Description: This session will provide examples of different ways and topical areas in which Peacemaking can be implemented at the Tribal level. The focus will be to show the diversity of possibilities, empirical examples, and resources for further consideration, so that individual Tribes can create implementation strategies best suited to their own local conditions.
October 7, 2014
8:30 AM – 9:00 AM Welcome
MORNING PLENARY 9:00 AM – 10:30 AM
Peacemaking from the Bench
Facilitator: Nikki Borchardt-Campbell, Program Administrator, National American Indian Court Judges Association
Presenters: Hon. Michael Petosky, Pokagon Potawattomi Tribal Court
Hon. Timothy Connors, Judge Washtenaw County Trial Court
Hon. Michael Smith, District Court Judge, Sac & Fox Tribal Court
Description: The inherent flexibility of the tribal court context can allow opportunities to employ principles of Peacemaking from the bench. In fact, Tribal judges may or may not be aware that they already employ Peacemaking, especially when they rely on local traditional culture to inform outcomes in a case. This session will discuss principles of Peacemaking frequently and successfully accessed to assist in resolution of cases from the bench, and pitfalls to avoid in doing the same. Special attention will be focused on ensuring that victims' have full opportunities to voice their perspectives, without compromise to victim safety.
10:45 AM – 12:15 PM MORNING BREAKOUT SESSIONS
A. Exploring the Fiscal and Human Costs of Incarceration
Facilitator: Hon. Cheryl Fairbanks, Attorney, Judge, Intertribal Court of Appeals of Nevada
Presenters: Hon. Theresa Pouley, Chief Judge, Tulalip Tribes
Brett Lee Shelton, Staff Attorney, Native American Rights Fund
Description: Incarceration is big business because it is costly to lock up and care for people convicted of crimes. And the human costs of incarceration are even higher. Incarceration not only takes a person's freedom, but it frequently leaves him less equipped to rejoin his community afterward. It robs families of crucial role models, emotional stability, and financial providers leaving children and families psychologically traumatized. It also destroys a community's ability to be whole and heal itself. This session will focus on these costs, the reduction or removal of which are among the benefits that may be attainable from implementation of Peacemaking within a Tribal justice system. To include discussion of TCCLA and TLOA interconnections.
B. Preparing the Next Generation of Peacemakers: Academic and Court Training Options
Presenters: Dr. Nora Antoine, Advisory Committee Member, Indigenous Peacemaking Initiative
Shawn Watts, Associate Director, Edson Quieroz Foundation Mediation Program, Columbia Law School
Description: How does one train peacemakers? This session will draw from the experience of trainers of peacemakers, who have performed trainings in both the academic and the court personnel contexts. It will also help you understand where to find materials, experts, and other resources to help you—often free of charge.
C. Reentry Programs Using Peacemaking/Peacemaking in Correctional Facilities
Facilitator: Nikki Borchardt-Campbell, Program Administrator, National American Indian Court Judges Association
Presenters: Tony Fish, Director, Muscogee Nation Reintegration Program
Carrie Wyatt, Case Manage, Muscogee Nation Reintegration Program
Daryl Legg, Director of Vocational Programs, Cherokee Nation
Description: Peacemaking can be invaluable as a tool for rehabilitation and to aid in successful reintegration of inmates upon release. This session will discuss possible interventions using Peacemaking in both active incarceration and in preparation for and after release, and considerations to continually safeguard victim safety.
CLOSING PLENARY 1:45 PM – 3:30 PM
Traditional Dispute Resolution as Healing and Growth of Tribal Sovereign Power
Presenters: Hon. Eldridge Coochise, Chief Justice, Ret. (Hopi)
Brett Lee Shelton, Staff Attorney, Native American Rights Fund
Shawn Watts, Associate Director, Edson Quieroz Foundation Mediation Program, Columbia Law School
Description: Implementing Peacemaking or other tribal dispute resolution processes is a step towards healing for your people. It is a step towards reclaiming the traditional ways the people resolved their disputes and punished wrongdoers. Traditional methods of dispute resolution ensured the people could continue to live together and trust and rely on each other. Resentments had to be washed clean, wrongdoers had to be rehabilitated, victims had to be cared for and restored, and communities and families had to be healed. Taking up these processes is taking up your ability and responsibility to reverse the de-culturization programs of the past, to reclaim the tribal culture and identity. It is a step towards reclaiming power to do things as your people know best- it is an act of sovereignty to reclaim your responsibility. Recap of previous, what is the next step, what can we do moving together?
3:45 pm Wrap Up & Next Steps