New Civil Diversion Agreement Recognizes Village Authority, Native Village of Anvik Signs Landmark Agreement with the State of Alaska
For many years, Alaska Native tribal leaders have raised the daily injustices occurring against Native women due to the lack of law enforcement in their villages. Since 2006 the Native Village of Anvik has participated in the annual VAWA consultations raising the concern that state law enforcement is not present in the village and cannot practically respond to crimes such as domestic violence. The landmark agreement recently signed by the Village of Anvik and the State of Alaska Attorney General allowing the village to sentence misdemeanor crimes is a welcomed step forward.
While the Civil Diversion Agreement between the village and the state covers crimes broader than domestic violence, it is recognized that the agreement will specifically address the serious concerns about the current inadequate response of the state law enforcement to domestic violence in rural villages. The agreement requires state law enforcement to offer defendants of certain misdemeanor offenses a referral to the Anvik Village tribal court. The agreement allows the tribal court to provide sentencing for a variety of other offenses, such as the illegal possession of alcohol—a major problem also raised by tribal leaders from dry villages where alcohol is banned or limited. The offenders must consent to village jurisdiction and may be a member of a tribe or not.
“In our vast state, criminal justice resources get spread thin,” said Attorney General Jahna Lindemuth. “By partnering with tribal governments, we get culturally based solutions. It’s a win-win for the state and the tribes. I am excited that the Anvik Village Tribe has entered into this agreement and look forward to more tribes participating in this innovative program.”
“Our tribe is located in a remote area of Alaska as are most of the tribes in the state. Because of our PL 280 status, we are dependent on state law enforcement for protection of our citizens,” said Jerue. “State law enforcement and prosecution are often unable to respond to domestic violence cases, which leaves perpetrators with no or remote accountability for the crimes perpetrated against victims. These situations also create apathy among the community that leaves victims at the mercy of perpetrators repeatedly.”
Under this agreement, offenders who would otherwise be charged with certain fourth- degree assaults, reckless endangerment, Class B misdemeanors, crimes involving substance abuse, and certain alcohol and drug-related offenses must be given the option to go before the tribal court for a culturally based remedy, instead of state court. The offender must consent in writing and agree to a tribally imposed remedy, or face the possibility of prosecution in state court. The tribal court can also decline to take the matter and send it back to state court. In addition, the agreement retains additional safeguards and sideboards before any domestic violence offense would be diverted from state court.
“We believe in consistency in relationship building and have taken to heart that change is dependent upon how well we communicate our needs and how effective the response of the federal government is in reaching rural Alaska,” said Carl Jerue, First Chief, Village of Anvik. “Addressing violence against women is an ongoing process that can steadily increase the safety of our women. For these reasons, we have provided written and oral testimony since the first VAWA consultation in 2006. In our past oral and written VAWA consultation testimony, we have stated the hard facts describing the circumstances of many of the women who live within our village. These difficult living conditions include the lack of appropriate law enforcement response to domestic and sexual violence, lack of crisis services or resources to
assist women following such an assault, and lack of safe shelter (due to long distances and the costs associated with those distances) for women seeking safety from violence. Where such services are available, there is a lack of consistent funding for these programs.
These concerns were also addressed by the U.S. Indian Law and Order Commission in 2013. In its report to President Obama, A Roadmap for Making Native America Safer, the Commission dedicated Chapter 2 to issues of concern and recommendations to address law enforcement inadequacies in villages.
“The Commission believes that devolving authority to Alaska Native communities is essential for addressing local crime. Their governments are best positioned to effectively arrest, prosecute, and punish, and they should have the authority to do so—or to work out voluntary agreements with each other, and with local governments and the state on mutually beneficial terms.”—A Roadmap for Making Native America Safer www.aisc.ucla.edu/iloc/report/files/A_Roadmap_For_Making_Native_America_Safer-Full.pdf
The Civil Diversion Agreement is available at http://law.alaska.gov/pdf/press/170110-CivilDiversionAgreement.pdf
