ILOC News

The ABA Tribal Jurisdiction - VAWA reauthorization resolution was in fact passed by the American Bar Association (with no opposition once potential opposition was "neutralized") which for the first time puts the ABA on record in favor of allowing tribal criminal jurisdiction over non-Indians who commit crimes of gender-based violence (addressing the Oliphant in the room) and allows the ABA to now formally advocate for the tribal jurisdiction provisions in current VAWA Reauthorization and for tribal criminal jurisdiction over non-Indians who commit crimes of gender-based violence more broadly.

RESOLVED, That the American Bar Association urges Congress to strengthen tribal jurisdiction to address crimes of gender-based violence on tribal lands that are committed by non-Indian perpetrators who have specific ties to the tribe, while ensuring that the following due process rights are provided: (1) rights of defendants at least equivalent to the rights set forth in section 234(c) of the Tribal Law and Order Act, Public Law 111-211; and (2) current federal habeas corpus review, and (3) tribal court sentencing limitations;

FURTHER RESOLVED, That the American Bar Association urges Congress to strengthen tribal jurisdiction to address crimes of gender-based violence committed on tribal lands in the reauthorization of the Violence Against Women Act.