As a result of changes in federal law, criminal defendants or defense attorneys are now more likely to find themselves appearing in American Indian tribal courts. This article summarizes the very knotty jurisdictional maze that surrounds criminal law and American Indians or Indian tribes. It explains recent changes in the handling of domestic violence cases in tribal courts following 2013 congressional action and the enhanced enforcement now occurring by tribal police and prosecutors. Finally, the article offers general advice to lawyers not familiar with practicing law in tribal courts.
Diamond, James, Practicing Indian Law in Federal, State, and Tribal Criminal Courts and an Update on Recent Expansion of Criminal Jurisdiction Over Non-Indians (January 16, 2018). Criminal Justice, Volume 32, Number 4, Winter 2018. Available at SSRN: https://ssrn.com/abstract=3103247