FAMILY COURT REFERENDUM PLANNED
FOR OCTOBER 15^TH
Tribal Members Will Vote on Implementation
of Tribal Court Component

AKWESASNE , NY – The Saint Regis Mohawk Tribal Council has announced a community referendum will be held on October 15, 2005 on the implementation of a Family Court. The Tribal Court Task Force completed development of a court component that will hear family related cases. It now seeks the community’s approval before it can be put into operation as part of a comprehensive tribal court system.

On June 4^th, tribal voters approved the expansion of the tribal court system beyond the current Traffic Court . The Family Court will be the first component to be added to the court system after it is approved in a referendum. Additional court components that could potentially be added over time are drug, land disputes tribunal, probate, and civil.

 “The Family Court will provide a needed service to the Akwesasne community and will assume the responsibility for hearing cases from outside courts” said Tribal Chief Barbara A. Lazore. She added, “It will work cooperatively with other jurisdictions and protect Mohawk families.”

Social and family related cases involving Mohawks are currently transferred to the St. Lawrence and Franklin County court systems. This creates an added cost and time for the Tribe and tribal members to participate in required family court proceedings. A Family Court will give the Akwesasne community an opportunity to hear its own cases and make decisions in the best interest of Mohawk families.

According to Human Services Director Jamie Bay , “Family cases heard in external court systems risk having Mohawk children placed in non-Native homes.” He stated, “A Family Court will provide our community members with a central forum for a fair and prompt resolution to court cases that involve Mohawk children and families.”

The Family Court will have exclusive jurisdiction in hearing offenses and issues associated with the well-being of Mohawk family and child protection. Some of the cases it will handle include child and elder abuse and neglect; marriages, divorce and child support; juvenile delinquency, truancy and curfew; and termination of parental rights, custody, adoption and guardianship

A Tribal Family Court will transcend the typical functions of a court by incorporating essential cultural values associated with Akwesasne Mohawks. A significant portion of cases will be heard and administered in the form of Restorative Justice. It is a concept that is gaining momentum in legal proceedings across Indian country as traditional customs are being utilized to help resolve internal tribal disputes.

Through Restorative Justice, “Peacemakers” will be used for certain cases involving first time offenders. Their role is to serve as a mediator between an offender and victim, if they wish to be present, with the goal of resolving a grievance. Their central goal is to help both parties in reaching a resolution and agreeing to the outcome.

The Family Court will be overseen by three elected judges. Following an approved referendum, elections will be held for a Chief Judge and an Associate Judge of the Family Court. Judges will need to be at least 25-years old, of good moral character and not have been convicted of a felony.

Family Court Judges will also need to possess one of the following professional qualifications: having graduated from an accredited law school; admitted to practice law before any tribal, state or federal court; previous experience as a magistrate or lay judge in local or tribal court; or have a bachelor or advanced degree with substantial law and/or Human Services related experience.

The Family Court judges will be tasked with developing the court budget, ensuring that funding is in place for its operation, finalizing the rules of the court, as well as receive extensive training. They will seek all possible sources of funding, which can include internal and external sources. It will be eligible to receive federal funding, but one of its primary goals is to rely on internal funding sources in being self-sufficient.

Over the next month, a community education process will be conducted to include several public informational sessions on a Family Court. The informational sessions will give tribal members an opportunity to learn of the court system’s development before consenting to its implementation through the tribal referendum process.

Voting in favor of adding a Family Court component to the tribal court system will see the Tribal Council relinquish its judicial authority over family related matters. To ensure that each tribal court component works independent and without political influence, authority over court-related issues will be transferred to the appropriate court immediately following its implementation.

Referendum voting will be held on Saturday, October 15, 2005 from 9 a.m. to 5 p.m. at the Tribe’s Community Building . If you have questions regarding your eligibility to vote, please contact the Tribal Clerk’s Office at (518) 358-2272 (ext. 183).

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