New York Federal-State-Tribal Courts and Indian Nations Justice Forum

I reviewed the New York Federal-State-Tribal Courts and Indian Nations Justice Forum website which was created by the Tribal Courts of New York Committee.  The Committee’s purpose was to create a forum for the state’s recognized tribes and nations to discuss issues relating to tribal concerns and needs.  These concerns included the implementation of the “Indian Child Welfare Act (ICWA), especially in ensuring an appropriate tribal role in state family court decisions regarding the placement of Indian children through foster care or adoption; tribal efforts to implement judicial systems and law enforcement through their own governments; and the need to educate and train state court judges on Indian government and culture” (Tribalcourts.gov).  In order to establish an ongoing method of communication and assessment, the Committee proposed the idea of establishing the forum as a permanent source of addressing important issues and of giving a stronger voice to Natives as a way of having their needs met.

In November of 2003, tribal representatives decided that such a forum would be beneficial and they agreed to help the Committee institute the federal-state-tribal courts forum.  The initial work centered on “the placement of Indian children by the state family courts under ICWA; the resolution of jurisdictional conflicts arising from disparate rulings among federal, state and tribal justice systems; and the  need to educate state and federal judges on tribal law and culture.”  With the success of these initial meetings, Committee members have continued to meet, every six months, with representatives from each of the nine tribes and nations within New York.  The group referred to as the New York Federal-State-Tribal Courts Forum Planning Group works in collaboration to address issues that affect the relationship between the Native American groups and the State with a goal of mutual satisfaction through collaboration (Tribalcourts.gov).  

I believe this resource was selected as part of this course because it speaks of legal and governmental interventions into Native American culture that we have read about and discussed.  The forum serves as a positive intervention because it aims to address the needs of the Native Americans and to work towards a positive compromise with the best interest of all parties included.  With the information coming from a 2006 edition of the New York State Bar Journal, as shown in the works cited section of the website, by authors who also serve as judges, this can be seen as a quality scholarly work that is worthy of citation (Tribalcourts.gov).

“Excerpted with permission from an article by Judge Marcy L. Kahn, Judge Edward M. Davidowitz and Joy Beane, “Building Bridges Between Parallel Paths: The First New York Listening Conference for Court Officials and Tribal Representatives,” 78 New York State Bar Journal 10, 12-13 (Nov./Dec. 2006)” (Tribalcourts.gov).

After reading this website it reinforces my idea that Native Americans have historically continued to work towards peace and co-existence with people who they were not always trustful of, such as  government representatives.  The idea of compromise is based on the spiritual need for peace, which is evident in this statement by Oren Lyons, who is a Faithkeeper of the Turtle Clan of the Onondaga Nation:  “The Peacemaker was a spiritual being. He was a messenger, we would say, the best we could say. He brought a message, the Great Peace. And it was a long process of how he changed the minds of all of these men who at that time were leaders by strength and by force. Then he stepped in there and changed that whole process to deliberation and thought. And he convinced these warriors at that time (who were the leaders) to join with him. And he changed their minds” (Lyons).  There is a strong spiritual presence in Native American culture and I believe that this is what has sustained them throughout their struggles to maintain their existence.

Lyons, O. (n.d.). Oren Lyons Interview - Faithkeeper of the Turtle Clan, Onondaga Council of Chiefs of the Hau de no sau nee, 3 July 1991. Oren Lyons Interview - Faithkeeper of the Turtle Clan, Onondaga Council of Chiefs of the Hau de no sau nee, 3 July 1991. Retrieved July 28, 2014, from http://www.ratical.org/many_worlds/6Nations/OL070391.html

Tribalcourts.gov. (n.d.). Tribal Courts of New York. Tribal Courts of New York. Retrieved July 22, 2014, from http://www.nyfedstatetribalcourtsforum.org/history.shtml