A sign at the court of the Northern Cheyenne Tribe of Montana. Photo by Northern Cheyenne Tribe
Barbara L. Creel, a member of Jemez Pueblo, and John P. Lavelle, a member of the Santee Sioux Nation, submitted a brief in US v. Bryant, a domestic violence case that went before the U.S. Supreme Court. They argue that the court's June 13 decision, which allows the use of tribal convictions in the federal system even if the Indian defendant wasn't provided with an attorney, isn't a win for tribal sovereignty or indigenous women:
In United States v. Bryant, this nation’s highest court condoned the use of prior “uncounseled” tribal court convictions to charge and convict an Indian as a federal habitual domestic violence offender. If you don’t know what “uncounseled” convictions are, that’s because they are generally unconstitutional if imprisonment is at stake. But in tribal court Native Americans are routinely tried, convicted and jailed without the assistance of counsel, something the Constitution forbids in state or federal court. The Bryant decision creates a blatant disparity in the availability of legal protections against unfair and unjust prosecutions. While the Sixth Amendment right to counsel forbids the government from prosecuting and imprisoning non-Indians on the basis of prior uncounseled convictions obtained in state or federal court, Bryant gives federal prosecutors free rein to use uncounseled tribal court convictions to single out Indians for conviction and imprisonment. At the core of the court’s reasoning is the fact Indian tribes, as sovereign nations predating the United States, are not restricted by the Bill of Rights and hence are not required to provide defendants with basic protections that are required in state and federal court.Get the Story:
Barbara L. Creel And John P. Lavelle: High court denies rights of Natives (The Albuquerque Journal 6/26) U.S. Supreme Court Decision:
US v. Bryant (June 13, 2016) Supreme Court Documents:
Oral Argument Transcript | Docket Sheet No. 15-420: US v. Bryant | Question Presented 8th Circuit Decisions:
US v Harlan (February 16, 2016)
US v. Cavanaugh (July 6, 2011) 9th Circuit Decisions:
US v. Bryant (July 6, 2015)
US v. Bryant (September 30, 2014) 10th Circuit Decision:
US v. Shavanaux (July 26, 2011)
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