Full Faith Credit on Domestic Violence Orders of Protection by jdywqj88863j

VIEWS: 15 PAGES: 8

									                           Full Faith & Credit
                on Domestic Violence Orders of Protection




                           Full Faith & Credit
                      on Domestic Violence Orders of
                                Protection




               Initially, The Tribal-State Judicial Consortium
                grew out of the efforts of the New Mexico
                Supreme Court: to improve the judicial
                handling of child abuse and neglect cases.
               In 1997, the Court Improvement Project Task
                Force created the Tribal-State Relations
                Committee.




2007 Tribal Crime Data & Information Sharing Conference
August 2-3, 2007 | Phoenix, AZ
                           Full Faith & Credit
                on Domestic Violence Orders of Protection




               To address questions of jurisdiction and
                sovereignty, focusing at first in the areas of
                domestic violence, domestic relations and custody,
                child support, child abuse and neglect, and
                juvenile justice, and perhaps expanding into other
                areas of law in the future.
               Two of the original goals of the Tribal-State
                Judicial Consortium were "to facilitate
                communication between State and Tribal judicial
                systems" and to improve awareness and develop
                information about the different judicial and legal
                systems in place in the State and in the various
                Tribes and Pueblos."




               The first Cross-Court Cultural Exchange was in
                March of 2000. Co-hosted by the Crownpoint
                District Court of the Navajo Nation Judicial
                Branch and the State's 11th Judicial District
                Court.
               T he second Exchange, was held in October
                2001. Co-hosted by the Isleta and Laguna
                Pueblo Courts and the State's 2nd Judicial
                District Court.




2007 Tribal Crime Data & Information Sharing Conference
August 2-3, 2007 | Phoenix, AZ
                           Full Faith & Credit
                on Domestic Violence Orders of Protection




               The third annual Exchange was on October 2-4,
                2002. Co-hosted by Tesuque, San Juan, and Santa
                Clara Pueblos, the 1st Judicial District Court and
                the New Mexico Supreme Court and Court of
                Appeals, with the participation of the U.S. District
                Court.
               A fourth Exchange was held on October 29-31,
                2003 and included the Four Corner States of
                Arizona, Utah, Colorado and New Mexico and was
                held in Albuquerque. This event was hosted by the
                Supreme Courts & Court Improvement Projects of
                the four states, as well as the Colorado-New
                Mexico Indian Court Judges Association and the
                Supreme Court of the Navajo Nation




               The main discussion among law enforcement
                representatives was about problems
                encountered in enforcing court orders issued
                by another jurisdiction.
               Creative solutions were discussed and one idea
                was the development of a “Green Cover Sheet”
                for the officers to recognized and enforce a
                “Protection Order” with no questions asked.




2007 Tribal Crime Data & Information Sharing Conference
August 2-3, 2007 | Phoenix, AZ
                           Full Faith & Credit
                on Domestic Violence Orders of Protection




               Initiative from the National Center of State Courts
                (NCSC), with support from the Office on Violence
                against Women (OVW).
               The project originated with Kentucky and its seven
                bordering states to improve recognition and
                enforcement of orders of protection within and
                between states and tribes by encouraging states to
                adopt a recognizable first page for orders of protection
                (i.e., by including common elements and format).
               Encourages more collaboration of state agencies and
                tribal courts.
               Tribal organizations such as NAICJA (North American
                Indian Court Judges Association) and NTJRC (National
                Tribal Justice Resource Center) have been working on
                having all tribal courts come on board.




               The Zuni Tribal Court has adopted comparable forms,
                and it is the intention of the Zuni Pueblo to come on
                board.
               On a national level, it is the goal of NAICJA and
                NTJRC to have all tribal courts using forms and issuing
                orders that are in accordance with Project Passport.
               In March 2005, Arizona Supreme Court hosted a
                Project Passport Regional Conference, sponsored by
                the National Center for State Courts (NCSC).
               Arizona’s Project Passport Team has collaborated with
                many other states to identify needs of different entities,
                develop and use a recognizable first page for protective
                orders (a model template consistent with Project
                Passport goals), and Foster ongoing collaboration and
                information sharing.



2007 Tribal Crime Data & Information Sharing Conference
August 2-3, 2007 | Phoenix, AZ
                           Full Faith & Credit
                on Domestic Violence Orders of Protection




               In Arizona, Project Passport Protective Order
                Forms were adopted January 1, 2007.
               The web site is:
                www.supreme.state.az.us/cidvc/




               Significant impacts noted:
                   Protective Orders are prioritized at a much higher level
                    for response and service;
                   Out-of-State Orders of Protection have been given greater
                    weight due to the recognition of the standardization
                    process and look of the Orders;
                   There is a greater awareness of victims’ needs and rights,
                    especially in the process, service and response to
                    violations of Orders;
                   There are more opportunities for formal training and
                    education involving protective orders;
                   There is a greater awareness that orders of protection are
                    a nationally recognized issue and they can travel from
                    state to state.



2007 Tribal Crime Data & Information Sharing Conference
August 2-3, 2007 | Phoenix, AZ
                           Full Faith & Credit
                on Domestic Violence Orders of Protection




                 Many agencies enjoy open communication/dialogue and
                  awareness of concurrent authority and jurisdiction of
                  Orders of Protection involving tribal courts, tribal law
                  enforcement and local law enforcement agencies;
                • There is a greater awareness and more open
                  communication and sharing of resources due to limited
                  tribal court-law enforcement resources,
                • Some law enforcement agencies have entered and housed
                  protective orders, acting as repositories when tribal
                  agencies cannot be available 24 hours a day, and
                • There is an enhanced awareness and enjoining of tribal
                  law enforcement and the need to communicate on all
                  levels about concurrent issues and problems with respect
                  to jurisdictional boundaries.




               The goal of Extending Project Passport is to
                build upon the earlier success of the original
                Project Passport.
               The NM Judicial Consortium in May of 2007,
                met with Denise O. Dancy, Project Director,
                (NCSC) to educate them about the intricacies
                associated with federal laws that pertain to
                orders of protection.
               Meetings were scheduled for Western, Pacific
                & Central states.



2007 Tribal Crime Data & Information Sharing Conference
August 2-3, 2007 | Phoenix, AZ
                           Full Faith & Credit
                on Domestic Violence Orders of Protection




               A major component of this project is also the
                promotion and use of XML (Extensible Markup
                Language) technology to improve the
                comparability of data entered in protection order
                registries across states and tribes.
               Zuni, Acoma & Laguna Pueblos as part of the
                Tribal Criminal History Record Improvement
                Program (TCHRIP) have already accomplished the
                necessary training on JIEM (Justice Information
                Exchange Model) conducted by SEARCH, the
                National Consortium of Justice & Statistics.




               NCSC will accomplish this in several ways:
                   An educational overview of XML, related
                    applications, and the Global Justice XML Data Model
                    and Data Dictionary will be presented – specifically
                    as it relates to domestic violence and protection
                    orders.
                   An XML-based protection order form (using the
                    Kentucky model first page as the basis) will be
                    developed and demonstrated.
                   A dialogue with front-line personnel, in regard to
                    paper and electronic information sharing, will be
                    facilitated through the regional meetings.




2007 Tribal Crime Data & Information Sharing Conference
August 2-3, 2007 | Phoenix, AZ
                           Full Faith & Credit
                on Domestic Violence Orders of Protection




               This collaborative effort builds upon the hard
                work that has been already initiated by
                dedicated people such as you and hopefully
                will be the norm in every state & tribe for the
                safety of our communities and their citizens.

                                          Thank you!




2007 Tribal Crime Data & Information Sharing Conference
August 2-3, 2007 | Phoenix, AZ

								
To top