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					 POSSIBLE MENU AND SUGGESTED TIME FRAME FOR TALKING POINTS

1. Introduction to Tribe (2 minutes)

          Who is speaking
          Tribe’s Journey to Oklahoma/treaties current form of tribal government (tribal
           law enforcement/tribal court)
          Service area (number of acres of trust allotted or restricted allotted lands if this is
           helpful to demonstrate the size of the service area)
          Number of Enrolled members
          Number of domestic violence cases filed and/or issued by tribal court

2. The Tribal Victim (2 minutes)
       Three identities (US citizen, state citizen and tribal citizen) should be able to
          access resources available in each system
       Federal trust relationship-further clarified by VAWA 2005 legislation
       May speak English as second language
       May face cultural barriers to disclosure
       May fear state systems due to historical factors
       May seek relief only from tribal system
       Pertinent stories of tribal victims that illustrate the point
       Crossing between jurisdictional boundaries of tribes and state on a daily basis
       Need to know that the tribally issued PO will be given full faith and credit


3. Oklahoma DV/SA Jurisdictional Issues and the Federal Trust Responsibility (4 minutes)
       Jurisdictional issues: subject matter jurisdiction pursuant to tribal code in tribal
         court but state won’t enforce/recognize tribal protection order (especially when
         parties involve non-Indian on non-trust land but within tribe’s service area. This
         failure permeates state law enforcement as well as state courts) (federal trust
         responsibility)
       Research by OCU Law is showing zero VAWA cases filed in federal court for
         prosecution of VAWA crimes in Oklahoma for the past five years (federal trust
         responsibility)
       Research by OCU Law is showing one filing in federal court for possession of
         firearm/ammo while subject to a valid protection order in the past five years
         (federal trust responsibility)
       Research by OCU Law reflecting that _____ cases were filed in Okla. State court
         regarding criminal enforcement of a tribally issued protection order (federal trust
         responsibility)
       U.S. Supreme Court case law that makes the jurisdictional powers of the tribal
         court muddled in the area of dom. Violence affecting the ability of tribal
         governments to keep victims safe. (Victims often return home after abusive
         episodes and request relief/protection from their tribal courts.) federal trust
         responsibility)

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          CFR court jurisdiction given the appellate decision (not for publication) that CFR
           court’s subject matter jurisdiction over civil cases involving non-members is not
           reflective of the CFR statute

4. What the tribe is requesting (2 minutes)
      Enforcement of the federal trust relationship by taking actions to ensure that the
          state law enforcement/state prosecutions and state courts are enforcing tribally
          issued protection order (contact person for tribes to report non-enforcement
          issues, by federal funding restrictions to states for failing to enforce tribally issued
          protection orders encouraging/supporting tribal –state court forum so tribal and
          state judges can address these issues)
      Ensuring that federal prosecutions of violent crimes committed in IC are being
          prosecuted in federal court (federal trust responsibility)
      Ensuring that federal prosecutions of gun control laws violations are prosecuted in
          dv-related cases
      Clarifying that tribes have full subject matter jurisdiction to issue protection
          orders if issued pursuant to tribal code/constitution
      Clarifying that tribes have the subject matter jurisdiction to enforce protection
          orders against anyone who chooses to violate a protection order in Indian Country
      Continued funding to battle this crisis

5. Other
       OVW funding not accessible when awarded (sometimes not in the same fiscal
         year while tribal programs have to lay people off to wait for funding)
       Tribal registry for protection orders (promised in VAWA 2005 but no money
         appropriated)
       Access to and ability to enter tribal criminal information into NCIC
       Training and technical assistance for tribes must come from organizations
         experienced in issues of domestic violence, sexual assault stalking in particular
         Indian Countries (Oklahoma for example) not just organizations who hire one
         experienced person then apply for TA monies)




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posted:2/17/2013
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