“Amazing the things you find when you bother to search for them”

– Sacagawea, Shoshone guide to Lewis and Clark

Years ago, between my junior and senior years in college, I signed up to become an AmeriCorps VISTA volunteer. As luck would have it, my class of VISTAs was the first to have some of its volunteers trained to work as paralegals in a poverty law office. I was assigned to work for the Cook County Legal Assistance Foundation in Chicago. It was a life-altering experience. To this day, the talent, resolve, and dedication of those attorneys remains an inspiration.

After my volunteer year ended, I returned to finish college, then grad school. Throughout that period, I remained moved by my VISTA experience. Then I enrolled in law school.

When I entered private practice, I always made sure that my name was on a court-appointed list so I could represent clients who could not afford a lawyer. It was my way to pay back — and pay homage — to those dedicated attorneys I worked with during my time with VISTA.

Today, Michigan attorneys have a tremendous opportunity to similarly serve their communities without having to give up or move their practices. Tribal courts throughout the state do not have enough licensed attorneys admitted to practice law before them. They need more lawyers!

In addition to having their own cultures, tribal communities are also sovereign nations. Tribes enjoy powers of self-governance. They can form their own governments, make and enforce laws, exercise taxing authority, establish tribal membership, license and regulate their resources and activities, and exclude people from tribal lands. The federal and state governments recognize them as independent entities.

The 12 federally recognized tribes in Michigan have their own laws, governance structures, and control over their resources. They also have tribal courts in Allegan, Baraga, Calhoun, Cass, Chippewa, Delta, Emmet, Gogebic, Isabella, Leelanau, and Manistee counties. Information on how to contact the courts and copies of tribal constitutions, codes, court rules, and opinions are available at the Michigan Indian Legal Services website.¹

In December 2019, Michigan Indian Legal Services (MILS) began work on developing a comprehensive statewide legal needs assessment. Two of the top areas of legal needs identified were civil and criminal representation in tribal courts. Civil representation was named an important or very important legal issue by 85% of survey respondents in the areas of family law, employment law, consumer issues, landlord-tenant, and other housing-related issues. Similarly, approximately 83% of respondents indicated that criminal representation was lacking. Among the comments from one focus group:

• “I'm not sure how it happened but a lot of the attorneys we used to utilize have retired ... here in Manistee and Benzie [counties]. [T]he pool we used to have pretty much no longer exists. In this area, there are very few attorneys left.”
• “[T]he civil representation and the criminal representation are definitely huge needs right now. The need for good attorneys is huge.”²

BEGIN THE JOURNEY

The idea of practicing in a tribal court can seem intimidating for any attorney without experience because it is natural to assume that it is quite different. The good news is that making that transition is far easier than most would believe.

If you are not currently working with Native Americans clients but wish to get more involved with or transition into that area of law, beginning the journey is not difficult. Just as the federal government and every state has its own laws, so too does every tribe have its own laws. Of the 12 federally recognized tribes in our state, most have similar procedures for attorneys to be admitted to practice in tribal courts. Most tribes have potential admittees call the tribal court or send a letter requesting admission, and many have lawyers complete an application form. Some require attorneys to submit a certificate of good standing. Virtually all of them have attorneys take an oath of admission — it is either administered by the court orally or the lawyer signs a copy of the oath before a notary — and only a couple courts have admission fees. There is no bar exam; you just have to have been admitted to your state’s bar.

Once admitted to the tribal court, attorneys can represent their retained clients and if they choose, they can be placed on the court-appointed counsel list and earn the prevailing attorney fee. Tribal courts throughout Michigan appoint lawyers to handle juvenile delinquency, child welfare, criminal matters, and other cases. In addition to being an additional source of income, attorneys can increase the likelihood of being assigned to future cases and connect with people and organizations who might be retaining or hiring attorneys in the future.

PRACTICING IN TRIBAL COURTS

Practicing in tribal courts is not that different than practicing in state courts. For the most part, tribal courts primarily follow customary black-letter law and procedural rules. Often, tribal laws dovetail quite nicely into attorneys’ customary practices. When it does not, tribal codes and rules are not difficult to navigate. Most tribal codes, court rules, and court opinions can be found online.³ Tribal court opinions can also be found on both Westlaw and LexisNexis.

There are many other resources available to lawyers. Attorneys can always observe tribal court proceedings. The State Bar of Michigan has an American Indian Law Section with members who would be happy to discuss tribal practice with you and provide guidance.

Serving before a tribal court judge offers an invaluable training ground. It provides an opportunity to better understand the complex jurisdictional issues and intricate interplay between tribal, state, and federal laws. In addition, lawyers can enhance their incomes and legal skills, including legal research, writing, and advocacy, while contributing to the administration of justice for the original peoples of this land.

In addition to gaining professional experience, practicing in tribal courts can also provide firsthand exposure to the unique legal systems, cultural contexts, and community dynamics within Native American tribes. Lawyers gain insight into alternative approaches to justice that emphasizing community involvement, healing, and restoration while becoming familiar with and honoring tribal traditions. Lawyers working in tribal courts develop meaningful relationships with tribal communities, tribal leaders, and fellow legal professionals and gain cultural competency by navigating tribal customs, traditions, and protocols essential for effective legal practice in Indian Country.

Lawyers can take that knowledge to advocate for tribal sovereignty, tribal rights, and the well-being of Native American communities. Participating in tribal courts gives attorneys an opportunity to contribute to the development of tribal jurisprudence and protection of individual Native American and tribal interests.

CONCLUSION

Joining a tribal bar not only enriches legal careers and benefits the Native American communities, but it also fosters a deeper understanding of justice and its role in serving all members of society. It is an endeavor that benefits those who begin the journey. From personal experience, I can state that it is worth the journey. Give it a try.

This article was produced by the Michigan Indian Legal Services under the State Victim Liaison Grant #2020-V3-0009, awarded to the Michigan Department of Health and Human Services Division of Victim Services by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice or the Michigan Department of Health and Human Services.