Tribal Courts

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**NEW - JUSTICE STRATEGY NEEDS ASSESSMENT SURVEY** -- The Saint Regis Mohawk Tribal Courts received a federal grant to gain feedback from tribal members on court systems in and around Akwesasne. All survey responses are anonymous and will be used to develop a Justice Strategic Plan to address our community’s justice needs. The survey has closed, but please see the following for more information:

INTRODUCTION OF SRMT JUSTICE NEEDS ASSESSEMENT AND COMMUNITY ENGAGEMENT

Survey Results Presentation 01232023 Comments Summarizedfor Confidentiality2

882 State Route 37
P.O. Box 1160
Akwesasne, New York 13655
Weekdays, 8:00 a m to 4:00 p m
Phone: 518-358-6300
Tribal.courts@srmt-nsn.gov

Mission: Our Children, Our Families, Our Courts, Our Future!

The Saint Regis Mohawk Tribal Court currently consists of a Traffic and Civil Court. The Traffic Court is well established and has adjudicated traffic offenses since December 2000. Traffic Court is held every other Thursday night beginning at 6:00 p.m. in the courtroom at the Justice Building.

The Civil Court hears all non-criminal cases on a scheduled, as needed basis, within the courtroom of the Justice Building. These cases are heard by the Chief Judge.

A Family Court system, although not fully operational, is gaining progress on a daily basis and will be designed to hear all family cases that are currently being held in the off reserve court systems. The first ‘part’ of this Court shall consist of a Child Support Enforcement Unit.

The Healing to Wellness/Drug Court is housed under the Tribal Court and provides a judicially supervised program that uses cultural traditions for rehabilitation to restore and heal an individual. This part of the Tribal Court works collaboratively with neighboring Courts.

Judicial Oversight Commission (JOC) Publications:

• JOC Complaint Form
• JOC Rules and Procedures

If you wish to appeal your judgment, please consult the Saint Regis Mohawk Tribe Rules of Appellate Procedure here:RULES OF CIVIL APPELLATE PROCEDURE

Publications:

• TCR 2022-58 To Adopt Chapter 2 - Marriage, Divorce and Custody of the Tenkwahswanonna Family Code
• Child Support Petition
• Parenting Plan
• Paternity Establishment Petition
• Petition for Child Custody (Non-Parent)
• Petition for Child Custody
• Verified Statement in Support of Petition for Custody or Visitation
• SRMT Court Online Payment Instructions
• SRMT Bar Application & Renewal
• Saint Regis Mohawk Tribal Court Bar List
• 2022-01 Phase One Administrative Order
• TCR 2021-47 TO AMEND THE SAINT REGIS MOHAWK TRIBE PROBATE LAW
• Administrative Order 2021-01 During the COVID-19
• Emergency Administrative Order 2020-05 Amendment to 2020-03 11-19-2020
• Administrative Order Permitting Interlocutory Appeals
• Administrative Order Suspending Transcript Requirement
• Administrative Order 2020-04 Amendment to 2020-03
• Administrative Order Court Operations During the COVID-19 Emergency
• Administrative Order of the Court - Appeals Court Affirms Tribal Court
• Administrative Order 2020-02Administrative Order 2020-01 Cease and Desist
• Administrative Order 2020-03 Court Operations During the COVID-19 Emergency
• Administrative Order 2020-02 Suspending Filing Requirements, Docket book Rules, and Postponing Scheduled Court Dates
• Administrative Order on Rule 20 of SRMT Rules of Civil Procedure
• Attorney Practice Requirements - TCR 18-2008
• Frequently Asked Questions - Tribal Traffic Court
• Land Dispute Resolution Ordinance - TCR 2021-69
• Resolution of the Saint Regis Mohawk Tribe to Amend the Saint Regis Mohawk Tribal Court and Judiciary Code - TCR 2017-62
• Resolution of the Saint Regis Mohawk Tribe to Establish a Judicial Oversight Commission- TCR 2011-44
• Resolution of the Saint Regis Mohawk Tribe to Appoint Members to the Judicial Oversight Commission - TCR 2012-14
• Resolution to Amend the Saint Regis Mohawk Tribal Traffic Law - TCR 2018-09
• Resolution to Amend the Saint Regis Mohawk Tribe Probate Law - TCR 2021-47
• Resolution to Approve Update to the Saint Regis Mohawk Tribal Court Filing Fees - TCR 2019-38
• Rules of Civil Appellate Procedure - TCR 16-2008
• Rules of Civil Procedure - TCR 20-2008
• Rules of Evidence - TCR 17-2008
• Rules and Procedures of The Saint Regis Mohawk Judicial Oversight Commission - 2001-02-01
• St. Regis Mohawk Tribe Civil Code - TCR 2008-19
• St. Regis Mohawk Tribe Sex Offender Registration and Notification Ordinance
• Traffic Amendment - TCR 2010-40
• Tribal Court and Judiciary Code - TCR 22-2008

Forms:

• Application for Subpoena - Blank Form
• Certified Family Tree
• Civil Case Proof of Personal Service
• Civil Complain & Request for an Injunction
• Complaint for Divorce
• Complaint for Divorce
• Document Request Form
• Inventory of Property and Debt
• Land Dispute Complaint
• Land Dispute Complaint and Request for Injunction
• Motion for Reconsideration
• Motion for Reconsideration (Tribal Court)
• Motion for Reconsideration Appeal
• Motion to Appear by Telephone or by Video
• Notice of Appeal
• Petition for Adult Adoption
• Probate With Will Petition and Forms
• Probate Without Will Petition and Forms
• Respondent's Answer & Counterclaim

If you are interested in enforcing a Tribal Court Judgment in New York please see the information below.

• Instructions for Comity Petition Forms
• Notice of Petition Recognition of Tribal Court Judgment
• Petition Recognition of Tribal Court Judgment

NOTE: If you are seeking a waiver for filing fees related to New York State recognition of a Tribal Court judgment please visit https://www.nycourts.gov/court... for more information. Also check with the Court you are filing the petition with for further assistance.

Articles:

• New York’s Quest for Jurisdiction over Indian Lands by Hon. Carrie Garrow, The Origins and Evolution of the Indian Child Welfare Act by Danielle J. Mayberry
• Adoptive Couple v. Baby Girl, Professor Carrie E. Garrow and Michelle E. Hellebeke - Reprinted with permission from the New York State BarAssociation Journal, March/April 2014, Vol. 86, No. 3, published by the New York State Bar Association, One Elk Street, Albany, New York 12207.
• Best Interest of an Indian Child, by Hon. Peter J. Herne - Reprinted with permission from the New York State BarAssociation Journal, March/April 2014, Vol. 86, No. 3, published by the New York State Bar Association, One Elk Street, Albany, New York 12207.
• Government Law and Policy and the Indian Child Welfare Act - By Professor Carrie E. Garrow - Reprinted with permission from the New York State BarAssociation Journal, March/April 2014, Vol. 86, No. 3, published by the New York State Bar Association, One Elk Street, Albany, New York 12207
• Real Meaning of ICWA Noncompliance, by Hon. Lizbeth Gonzalez - Reprinted with permission from the New York State BarAssociation Journal, March/April 2014, Vol. 86, No. 3, published by the New York State Bar Association, One Elk Street, Albany, New York 12207.
• The Teach ICWA Initiative, an Action Plan, by Hon. Lizbeth Gonzalez and Hon. Sharon S. Townsend - Reprinted with permission from the New York State BarAssociation Journal, March/April 2014, Vol. 86, No. 3, published by the New York State Bar Association, One Elk Street, Albany, New York 12207.

Affliated Groups:

• New York Federal-State-Tribal Courts And Indian Nations Justice Forum