ex. 1 - 2/29/12 quasula decl. ex. 2 - 2/21/12 quasula decl. ex. 3 - … · 2012-03-20 · formal...

Ex. 1 - 2/29/12 Quasula Decl.Ex. 2 - 2/21/12 Quasula Decl.Ex. 3 - Scutari memoEx. 4 - Hualapai Tribal Court Evaluation reportEx. 5 - 1/31/11 Hallman letter to TratosEx. 6 - Construction meeting minutesEx. 7 - 2011 OrdinanceEx. 8 - Benson AffidavitEx. 9 - internet articles regarding skywalkEx. 10 - Bravo AffidavitEx. 11 - 2/7/11 Hallman letterEx. 12 - 3/2/11 Hallman letter to TratosEx. 13 - consent to distributionEx. 14 - Motion to Dismiss in tribal courtEx. 15 - Tribal Court OrderEx. 16 - 1/10/12 AAA Arbitrator OrderEx. 17 - 2/7/12 AAA OrderEx. 18 - 2/8/12 TROEx. 19 - Declaration of TakingEx. 20 - 2/17/12 Tribal Court Order

Case 3:12-cv-08030-DGC Document 37-1 Filed 03/01/12 of 61

Hualapai Tribal Court

Evaluation Report

Prepared by

The National Indian Justice Center

May, 2010


THE CHALLENGE

The work of the Court involves the most visible exercise of

sovereignty. It is scrutinized by many. Its problem solving

capability, its analysis of cases, and its reasoning in decision-

making are often questioned. Integrity and honesty must be its

guide posts. Without the Courts, the forums of dispute

resolution, there is chaos. There is no perfect Court, but let us

come close.


HUALAPAl TRIBAL COURT SYSTEM EVALUATION

Table of Contents

HUALAPAl COMMUNITY PROFILE 1

INTRODUCTION 6

I. OVERVIEW OF STRENGTHS AND WEAKNESSES \q

A. STRENGTHS OF THE HUALAPAl TRIBAL COURT \Q

B. WEAKNESSES 12

II. RECOMMENDATIONS ]5

A. ORGANIZATIONAL STRUCTURE j^

Recommendation A-1. Clarify and Integrate the Policy of

Separation of Powers Between the Council

and Judiciary J_5

Recommendation A-2. Improve the Integration and Enforcement

of the Personnel Policies for the Tribal

Court Slaff. |6

Recommendation A-3. Conduct Regular Staff Meetings to

Promote Open, Healthy Communication _T7

B. TRIBAL COURT PERSONNEL, POLICIES AND TRAINING IS

Recommendation B-l. Resolve Staff Communication and Morale

Issues _19

Recommendation B-2. Compensate Court Staff Adequately J_9

Recommendation B-3. Develop Code of Ethics 20


Recommendation B-4. Make staff Training a High Priority 20

Recommendation B-5. Computerizing Case Management and

Calendaring 21

Recommendation B-6. Office Space and Courtroom Facility 22

C. JUDICIARY 24

Recommendation C-l. The Tribal Community Perceives the Chief

Judge and the Associate Judge as

Inconsistenl in Sentencing 25

Recommendation C-2. The Chief Judge Should Engage in

Community Education 2^

Recommendation C-3. Require Periodic Training for the Judges on

Federal Indian Law 26

Recommendation C-4. Improve Court Relations with Other

Agencies and the Community 26

Recommendation C-5. Increase Rehabilitative Efforts within the

Community 27

Recommendation C-6. Hire Additional Associate Judge 28

D. THE PROSECUTOR/PRESENTING OFFICER 28

Recommendation D-1. Evaluate the Role ol" the Prosecutor's Office

Within the Justice System 29

Recommendation D-2. Establish Procedures Between the

Prosecutor's Office and the Police

Department _30


E. THE PUBLIC DEFENDER 30

Recommendation E-l. Training for Public Defenders MUST BE a

Priority 31

Recommendation E-2. Meetings Must Occur Between Public

Defender, Prosecutor, and Court

Administrator to Discuss Disposition of

Current Caseload and Elimination of the

Revolving Door Process 32

F. ADULT AND JUVENILE PROBATION OFFICERS 33

Recommendation F-l. The Role of the Adult Probation Officer

Needs Attention 34

Recommendation F-2. The Role of the Juvenile Probation Officer

Needs (o be Adjusted 35

Recommendation F-3. Lack of Office Space Needs (o be

Addressed 36

Recommendation F-4. Parameters of Probation Must be Clearly

Defined y7

Recommendation F-5. Employ Evidence-Based Practices 3£

Recommendation F-6. Develop a Coded Tracking System 39

Recommendation F-7. Probation Should be Considered a

Resource for the Hualapai Tribal Court 39

Recommendation F-8. Public Relations Should be a Duty of the

Probation Officers 40

in


Recommendation F-9. Probation Department Must Establish

Operating Procedures 4_1

Recommendation F-10. The Probation Officers Need to Develop

Effective Monitoring Systems 4J_

G. PROCESS SERVER 42

Recommendation G-1. Require the Process Server to Maintain an

In-Office Log of Service of Process

Attempts, Failures, and Completions 42

Recommendation G-2. Ensure that Adequate Notice is Provided to

Parlies for All Court Hearings 43

H. INDEPENDENCE OF THE HUALAPAl TRIBAL COURT 43

Recommendation H-l. Create a Code Provision that Clarifies

Separation of Powers 43

Recommendation 11-2. Community Education About the Tribal

Judicial System 44

Recommendation H-3. Annual State of the Judiciary Report 44

I. THE APPELLATF COURT 44

Recommendation 1-1. The Composition of the Court of Appeals

Should be Reviewed 44

Recommendation 1-2. Hire Appellate Judges Who Are Nalive

American and Who Have a Slake in the

Sovereignty of the Ilualapai People 46

J. HUALAPAl TRIBAL CODE 46

IV


Recommendation J-l. Advisory Meetings for Code Revisions 47

K. COURT FACILITIES/EQUIPMENT 47

Recommendation K-l. Plan a New Court Facility 50

Recommendation K-2. Address the Issues Caused by the Existing

Multiple Facilities 50

L. COMPUTER/WORD PROCESSING AND COURT FORMS 52

Recommendation L-l. The Court Administrator Must Allocate

Time for Case Management Training For

Station the Software and What is

Available When Software Becomes

Inoperable 52

M. CALENDARING SYSTEM 53

Recommendation M-l. Publish Periodic Calendar or General Court

Schedule 53

N. CASE RECORDS MANAGEMENT 54

Recommendation N-l. Update the Case Filing Procedures to Improve

Security and Confidentiality of Case Files 54

O. TRADITIONAL DISPUTE RESOLUTION FORUM 55

Recommendation O-1. Establish a Non-Adversarial Dispute

Resolution Forum 55

P. JAIL/DETENTION FACILITIES 55

Recommendation P-l. Plan a New Adult Corrections Facility for

Hualapai 56


Q. SENTENCING ALTERNATIVES/TREATMENT SERVICES 57

Recommendation Q- ]. Assess the Sentencing Alternalives /

Treatment Services Available to the Court 57

Recommendation Q-2. Draft Sentencing Guidelines for the Tribal

Court Judges £8

R. REPORTING OF COURT STATISTICS 58

S. COURT RELATIONS WITH OTHER AGENCIES AND THE

COMMUNITY 60

Recommendation S-l. The Court Should Seek to Promote Positive

Community and Inteiagency Relations 60

Recommendation 5-2. Develop Community Education Programs (51

T. THE BAILIFF ROLE 62

Recommendation T-l. Formal Attire 62

Recommendation T-2. Security Duties 62

III. CONCLUSION 63

TIME LINE IMPLEMENTING MAJOR RECOMMENDATIONS .63

GENERAL INFORMATION SECTION FOLLOWS REPORT

VI


Hualapai Tribal Members

HUALAPAI COMMUNITY PROFILE

As an exercise of their tribal sovereignty, the executive and legislative

responsibilities of the Hualapai Government arc delegated to the iribai council pursuant

to Article III, of the Hualapai Constitution wherein it declares that the governing body of

the Hualapai Tribe shall be the tribal council.

The judiciary of the Hualapai Tribe is established pursuant to Article III of the

Hualapai Constitution. The tribal court consists of an adversarial trial court system;

components include the judicial officers, public defender, prosecutor, probation services,

clerk services and an appointed courtroom facility. The judiciary includes a one tier

appellate court called the Hualapai Appellate Court.


A Mew of the GrandCanyon andthe Skywa/k

The tribal government provides a human services department thai includes: social

services, Indian child welfare services and other human services.

Police services on the reservation arc provided by a iribal police department. The

commissioned officers arc 100% tribal police. There is no sharing of police services like

it may be on some reservations. On some reservations there may be a mix between the

uniformed officers as tribal and the criminal investigators as a Bureau of Indian Affairs

(B1A) employee. At Ilualapai the jail is under the direction of the BIA; however, the

tribal government has decided to provide those services itself by contracting with the

BIA.

Today the Ilualapai Tribe is located in north western Arizona. Traditionally, they

are called the "people of the tall pine." Their traditional territory includes one hundred

{100) miles along the pine clad southern side of the Grand Canyon. The capital of the


Hualapai Reservation is Peach Springs, Arizona, with a population of more than 1,500

people.

The reservation is governed by the Hualapai Tribal Council which includes a

chairperson, vice-chairperson, and seven (7) other council members. Law enforcement

has been provided by the Hualapai Nation since 2002. Previously, police services were

provided by the Bureau of Indian Affairs. The Police Department consists of a chief of

police, deputy chief, criminal investigator, and eleven (11) sworn uniformed officers who

are Arizona state certified. Fire protection is provided by the Hualapai Tribe and local

volunteers. Alcoholism and obesity are the major health problems among many tribal

members, so there arc community-wide drug and anti-alcohol efforts.

The Hualapai economy is based on tourism, river-rafting, cattle-ranching, hunting

expeditions, and timber-cutting, as well as crafting of traditional and modern folk arts.

Business matters arc guided by the Hualapai Enterprise Board, a committee of

independent, business-minded tribal members and non-members. Complete banking

services arc provided by Arizona's major financial institutions in Kingman, Arizona.

Full-time employment is provided mostly through tribal government programs.

Many Indian reservations operate in a similar fashion. Unfortunately, these jobs only last

as long as the funding remains stable. In today's economy this can be problematic. Once

the government program funding expires, so do the jobs.

in recent years there has been rapid economic and social progress on the Hualapai

Reservation. More than 200 new homes have been built on the reservation through

funding from HUD programs. During the past ten (10) years, more than three hundred

(300) new street lights have been installed. The tribal government has improved the


community water and sewer systems, providing infrastructure for future growth.

Approximately fourteen (14) miles of Peach Springs have been curbed.

Pursuant to federal law, the State of Arizona cannot tax Indian lands and Indian-

owned properly on reservations. Incomes of Indians residing on reservations cannot be

taxed by the state if the incomes are wholly derived from reservation sources. Indian

people of Arizona arc also exempt from state and local sales taxes on consumer goods

purchased on the reservation, unless such taxes arc imposed by the tribal government.

However, the federal government does not exempt individual Indians from federal

income taxes or federal (axes. Everyone must pay federal taxes on their income earnings

- even Indians!

The GrandCaiiyonSb,r\va!k.sits 4,0O0fl above the Colorado Rhw

On March 7, 2007, the Ilualapai Tribe opened to the public its Grand Canyon

Skywalk, a tourist attraction on the rim of the Grand Canyon, some 4000 feel above the


Colorado River, ll is considered a modern engineering marvel. The overall width of the

Skywalk is sixty-live (65) feet in the shape of a "U" and its length extends oul from the

posl supports closest to the canyon walk is seventy (70) feet.

The Hualapai Tribe expects to generate revenues from the tourists who flock to

Las Vegas and want more than just a gambling excursion. The Hualapai believe that the

Skywalk will continue to bring in tourist dollars. In the short time that it has been open,

the Skywalk appears to be a positive, economic venture.

Peach Springs, Arizona, is the headquarters of the Hualapai tribal government. All

administrative offices, other services agencies and the tribal court arc located in Peach

Springs, Arizona.


HUALAPAI TRIBAL COURT SYSTEM

INTRODUCTION

This is the formal report of the evaluation of the operations, procedures and

management of the Hualapai Tribal Court System. The evaluation was conducied by

Joseph Myers, Executive Director and Raquelle Myers, Senior Staff Attorney, National

Indian Justice Center (NIJC). The evaluation was performed March 22-24, 2010 and

consisted of on-site interviews, telephonic interviews and off-sile document/code review.

During the site visit, ihc evaiuators interviewed key individuals and made tours of related

facilities and services. Following the site visit, the evaiuators made additional follow-up

telephone calls to obtain clarification of issues for the report and to interview additional

persons who wanted to contribute comments.

This evaluation was conducted in the spirit of improving the capacity of the

Hiialapai Tribal Court personnel to deliver fair and equal justice to the people of

the Hualapai Reservation. The evaluation was initiated by the Office of the Tribal

Chairman of the Tribal Council of the Hualapai Tribal Government for this

purpose.

The Hualapai Tribe contracted with the National Indian Justice Center (NIJC) to

provide the council and the tribal court with an evaluation of the current Hualapai Tribal

Court system with emphasis on the adequacy of the justice system, Ihc law and order

code, and court procedures. The evaiuators examined two (2) previous evaluation reports

and current code provisions. While onsite, the evalualors were guided by the philosophy

thai the Hualapai Tribal Court is an essential component of self-govcmance thai is


ex. 1 - 2/29/12 quasula decl. ex. 2 - 2/21/12 quasula decl. ex. 3 - … · 2012-03-20 · formal...

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