The Alaska Supreme Court heard oral arguments yesterday in a tribal court authority dispute that affects the protection of Native children. A lower court judge had ruled that the Central Council of Tlingit and Haida Indian Tribes of Alaska has the authority to resolve child welfare cases, and the state must recognize tribal court orders in those cases. The state appealed.
As part of its "Supreme Court Live" initiative, the Alaska Supreme Court heard arguments in the case at the Ketchikan High School auditorium, in front of some 800 students, teachers, and members of the public.
As KRBD's Leila Kheiry reports, the state contends that Alaska tribes don't have much in the way of Indian Country, such as reservations like those in the lower 48. The state argues Alaska tribes thus have less legal jurisdiction, especially over non-tribal-members, than a reservation-based tribe has over people living within reservation boundaries. State attorney Mary Lundquist said the state's analysis, based on tests set out by the U.S. Supreme Court, shows "Tribes are domestic dependent nations with limited sovereignty."
The Central Council of Tlingit and Haida contends Alaska tribes do have the authority to determine child welfare cases, including everything from child custody, termination of parental rights, and the amount of support needed for a child's basic daily needs.
U.S. attorney Stacy Stoller said the federal government joined in the case on the side of the tribes because "We're greatly concerned that the state's blanket refusal to enforce any and all of the tribe's child support orders here interferes directly with the administration of the federal Child Support Enforcement Program." She went on to say, "The U.S. agrees with the tribe that tribes retain inherent tribal sovereignty to determine the appropriate support for tribal children.
Supreme Court Live has visited schools in Sitka and Barrow; this was its first visit to Ketchikan. The program began under Chief Justice Walter Carpenti, who retired a few years ago.
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East Anchorage has many good restaurants but is not particularly known for its high-end fine dining, a situation the Yes Bistro is seeking to change. Spokeswoman Hillary Walker says the restaurants name "Yes Bistro" stands for "your east-side bistro." The restaurant is holding a free charity event for Blood Bank of Alaska tonight [Friday], which will feature free samples from its new international menu, live music, and the beginning of an auction of a painting done at the event.