Does the new statute require tribes to guarantee counsel to indigent defendants in special tribal domestic violence prosecutions of non-Indians? Yes, the answer is (as Yoda would say) (and assuming President Obama doesn’t veto). Here is the new statute, of which section 904(d) reads: In a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the participating tribe shall provide to the defendant—Get the Story:
(1) all applicable rights under this Act;
(2) if a term of imprisonment of any length may be imposed, all rights described in section 202(c);
Tracing the Right to Counsel in the VAWA Reauthorization Act (Turtle Talk 2/28)
Join the Conversation
Related Stories:Tribal provisions in Violence Against Women Act endure battle (2/28)
House set to vote on VAWA with tribal jurisdiction provisions (2/27)
Louise Erdrich: Native women left at mercy of their predators (2/27)
Rep. Cole plans to introduce tribal amendment to VAWA bill (2/26)
MPR: Debating tribal jurisdiction provisions in VAWA update (2/26)
Opinion: Republicans sacrifice protections for Indian women (2/26)
Opinion: Flawed tribal jurisdiction provisions in House VAWA (2/26)
House to consider VAWA with different jurisdiction provisions (2/25)
NCAI denounces Sen. Grassley for 'fear mongering' on tribes (2/25)
Editorial: Congress must renew Violence Against Women Act (2/25)
Top GOP lawmaker doesn't think non-Indians will get fair trial (2/22)
GOP lawmakers introduce Violence Against Indian Women Act (2/21)
Tribal jurisdiction provisions of VAWA face questions in House (2/20)
Editorial: Close tribal jurisdiction loophole with VAWA update (2/19)
Rep. Tom Cole defends tribal jurisdiction provisions in VAWA (2/18)
Editorial: Congress must renew Violence Against Women Act (2/18)
NCAI President Keel calls on Congress to protect Indian women (2/15)
PRI: Professor Sarah Deer discusses tribal jurisdiction in VAWA (2/15)
Republican blames VAWA vote on tribal jurisdiction provisions (2/14)
Opinion: Tribal jurisdiction provision violates U.S. Constitution (2/14)
Tribes hail passage of VAWA with tribal jurisdiction provision (2/13)
Senate keeps tribal jurisdiction provisions in VAWA measure (2/12)
Senate set for vote on VAWA with tribal jurisdiction provisions (2/11)
Editorial: Reauthorize VAWA with tribal jurisdiction provisions (2/11)
Column: Failing to respond to violence against Native women (2/11)
Senate rejects alternative to VAWA without tribal jurisdiction (2/8)
Senate set to vote on VAWA with tribal jurisdiction provision (2/7)
White House backs tribal jurisdiction provisions in VAWA bill (2/5)
;Frontline: Closing a loophole in VAWA to help Native women (2/5)
Ryan Dreveskracht: Tribal provisions of VAWA up for debate (2/5)
Opinion: The Violence Against Women Act is on life support (01/28)
Matt Remle: Violence against women, violence against earth (1/25)
Haley Elkins: Media goes silent on the failure to pass VAWA (1/24)
NCAI calls on Congress to pass Violence Against Women Act (01/24)