Tribal Judicial Enhancement Act

Summary

Tribal Judicial Enhancement Act - Establishes the Office of Tribal Judicial Support (the Office), within the Bureau of Indian Affairs, to further the development and enhancement of tribal judicial systems. Requires the Office to provide: (1) staff, research, and planning assistance to the Commission on Tribal Judicial Systems established by this Act; and (2) training and technical assistance to any Indian tribe, upon request. Directs the Secretary of the Interior, through the Office, to establish an information clearinghouse on tribal judicial systems, including, but not limited to, personnel, funding, judicial activities, and decisions. Requires the Director of the Office to survey conditions of tribal judicial systems to determine the number of full- or part-time judges required by Indian tribes to provide for expeditious and effective administration of justice. Requires the Director to annually update the information and findings contained in the survey, taking into account certain local conditions on each reservation. Requires a report to the Secretary and the Congress on the results of the survey. Authorizes the Secretary, through the Office, to enter into contracts, grants, or agreements with Indian tribes, tribal organizations, or international consortia pursuant to the Indian Self-Determination Act, for the development, enhancement, or continuing operation of tribal judicial systems on Indian reservations. Establishes specified uses of such financial assistance provided through such contracts, grants, or agreements. Directs the Secretary, with the participation of Indian tribes, to establish and promulgate by regulations, a formula which establishes base support funding for tribal judicial systems. Requires the Secretary to develop appropriate caseload standards and staffing requirements for the tribal judicial systems which are comparable to standards developed by the U.S. Judicial Conference, the National Center for State Courts, and the American Bar Association. Specifies certain factors to be considered in the development of such formula. Provides that each level of funding assistance shall correspond to such staffing requirements. Requires that if appropriations are not sufficient to fully fund tribal judicial systems at each level of assistance under the formula in any fiscal year, available funds for each level of assistance shall be evenly divided among the qualifying tribes. Establishes the Commission on Tribal Judicial Systems to develop, in cooperation with the Director, recommendations for the improvement of the administration and management of tribal judicial systems. Directs the Commission to carry on a continuous study and review of the operation of such systems. Authorizes appropriations. Prohibits the Bureau of Indian Affairs from exceeding a specified percentage of appropriated funds for administrative costs.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 14 March 1991

  Open at official source

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