but the presence of defence counsel further enhances the necessity for legally trained tribal prosecutors. alabama crimson tide helmet crocband clog The civil rights guarantees, particularly equal protection and due process,
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with the Fort Apache Reservation whereby a Fort Apache judge will attend on the Havasupai Reservation from time to time to hear cases arising there. alabama crimson tide helmet crocband clog The Fort McDowell Indian Tribe, a small tribe near Phoenix, has a similar agreement with the Salt River Tribal Court. • By Engagement. The Northwest Intertribal Court System in the state of Washington has a board of directors made up of delegates appointed by the 13 tribes served by its judges. That board advertises for candidates and hires its judges on a contract basis. As mentioned earlier, some tribes also hire local lawyers to act as tribal judges on a per-case or per-diem basis. • By Election. Some tribal court judges are elected for a term of years.
Although election to tribal council may take place more often, the judges usually all stand for election during tribal elections every three or four years. There are approximately 360 tribal court judges in the United States. Nine tribal courts have more than four judges, 33 have four, 22 have three, 26 have two and 44 have one. The normal elements of a Western judicial system are found in American Indian tribal courts. The Act also compels all criminal trials to be conducted in open court using an adversarial process.58 While the accused has a right to counsel,59 there is no obligation on the tribe to create a free legal aid or duty counsel scheme. Nevertheless, some tribes, such as the Yakima, have felt the need to provide legal services to indigent accused, at tribal expense. This is due, in part, to the standard practice of tribes using legally trained prosecutors to conduct all adult cases,