Update on VAWA Implementation: Special Domestic Violence Criminal Jurisdiction
Thirteen Indian tribes have implemented special domestic violence criminal jurisdiction (SDVCJ) over non-Indians under VAWA 2013. Through their implementation efforts, each tribe has experienced challenges and successes offering valuable lessons for other Indian tribes. The implementing tribes shared these lessons and provided updates during the December 2016 ITWG meeting held at the Agua Caliente Indian Tribe in Palm Springs, CA.
The status of nine of these Indian tribes as of November 4, 2016, is provided below. Together, they have made 82 SDVCJ arrests, resulting in 18 guilty pleas, 5 referrals for federal prosecution, 1 acquittal by jury, 19 dismissals, with 4 cases pending. None of the SDVCJ non-Indian defendants have appealed to federal court. A brief summary of the exercise of this jurisdiction by each the implementing tribe is below. For more information about tribal implementation of SDVCJ, contact Virginia Davis, Staff Attorney, National Congress of American Indians.
Pascua Yaqui Tribe (AZ). The Pascua Yaqui Tribe began exercising SDVCJ on February 20, 2014, as part of the DOJ Pilot Project. As of November 4, they have had 35 SDVCJ investigations involving 16 separate offenders, resulting in 12 convictions, 7 dismissals, 9 declinations, 4 referrals for federal prosecution, 2 jury trials, including 1 acquittal. Half or more of the cases include alcohol or drugs; 20 children have been involved in the incidents. Pascua Yaqui reports that since they began implementing SDVCJ, cases involving non-Indians make up 25% of the tribe’s domestic violence caseload.
Tulalip Tribes of Washington. The Tulalip Tribes began exercising SDVCJ on February 20, 2014, as part of the DOJ Pilot Project. As of November 4, they have had 15 SDVCJ arrests involving 9 defendants, resulting in 6 guilty pleas, 1 referral for federal prosecution, 2 dismissals, with 2 cases pending.
Confederated Tribes of the Umatilla Reservation (OR). The Umatilla Tribes began exercising SDVCJ on February 20, 2014, as part of the DOJ Pilot Project. As of November 4, they have had 7 SDVCJ arrests, resulting in 4 guilty pleas, with 2 cases pending.
Sisseton Wahpeton Oyate (SD/ND). The Sisseton Wahpeton Oyate was authorized to exercise SDVCJ on March 6, 2015, as part of the DOJ Pilot Project. As of November 4, they have had 5 SDVCJ cases, 2 defendants have been indicted by federal attorneys, 2 defendants have plead guilty in tribal court, and 1 defendant has absconded.
Assiniboine & Sioux Tribes of the Ft. Peck Reservation (MT). The Assiniboine & Sioux Tribes were authorized to exercise SDVCJ on March 6, 2015, as part of the DOJ Pilot Project. As of November 4, they have had 9 SDVCJ arrests.
Little Traverse Bay Band of Odawa Indians (MI). The Little Traverse Bay Band of Odawa Indians began exercising SDVCJ on March 7, 2015. As of November 4, they have had no SDVCJ arrests.
Seminole Tribe of Oklahoma. The Seminole Tribe began exercising SDVCJ in July 2015. As of September 4, they have had no SDVCJ arrests.
Eastern Band of Cherokee Indians (NC). The Eastern Band of Cherokee began exercising SDVCJ in July 2015. As of November 4, they have had 10 SDVCJ arrests resulting in 8 guilty pleas, including 1 defendant who re-offended and 1 case dismissed.
Nottawaseppi Huron Band of the Potawatomi (MI). The Nottawaseppi Huron Band of the Potawatomi began exercising SDVCJ on March 18, 2016. As of September 4, they have had no SDVCJ arrests.
Standing Rock Sioux Tribe (ND). The Standing Rock Sioux Tribe began exercising SDVCJ on May 1, 2016. As of November 4, they have had one SDVCJ arrest.
The 13 Indian tribes implementing SDVCJ include the following:
o Pascua Yaqui Tribe (AZ)
o Tulalip Tribes (WA)
o Confederated Tribes of the Umatilla Reservation (OR)
o Sisseton Wahpeton Oyate (SD/ND)
o Assiniboine & Sioux Tribes of the Ft. Peck Reservation (MT)
o Little Traverse Bay Band of Odawa Indians (MI)
o Eastern Band of Cherokee Indians (NC) o Seminole Nation (OK)
o Nottawaseppi Huron Band of the Potawatomi (MI)
o Standing Rock Sioux Tribe (ND) o Muscogee (Creek) Nation
o Sac and Fox Nation
o Kickapoo Tribe of Oklahoma
Get Technical Assistance Organizations that can assist OVW tribal grantees and potential grantees:
- National Congress of American Indians www.ncai.org
- Tribal Law and Policy Institute www.tlpi.org
- National Council of Juvenile and Family Court Judges www.ncjfcj.org
