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What is the jurisdiction of tribal courts?

Answer

Generally, tribal courts have civil jurisdiction over Indians and non-Indians who either reside or do business on federal Indian reservations. They also have criminal jurisdiction over violations of tribal laws committed by tribal members residing or doing business on the reservation.

Under 25 C.F.R. Part 115, tribal courts are responsible for appointing guardians, determining competency, awarding child support from Individual Indian Money (IIM) accounts, determining paternity, sanctioning adoptions, marriages, and divorces, making presumptions of death, and adjudicating claims involving trust assets.  There are approximately 225 tribes that contract or compact with the BIA to perform the Secretary’s adjudicatory function and 23 Courts of Indian Offenses (also known as CFR courts) which exercise federal authority.  The Indian Tribal Justice Act of 1993 (P.L. 103-176, 107 Stat. 2005) supports tribal courts in becoming, along with federal and state courts, well-established dispensers of justice in Indian Country.

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