Tribal Court

Tribal Judiciary

The Judiciary is an independent branch of government established by the Constitution of the Pokagon Band of Potawatomi Indians. The Tribal Court system consist of two levels: the trial level (Tribal Court) and the appellate level (Court of Appeals). The Pokagon Band Judiciary has been an Indian Country model of stability and continuity. Each of the judges have served in the Judiciary since inception of the Pokagon Band courts in 2003, until the recent resignation of the Chief Justice.

débakwnëgéthêk

ONES WHO MAKE DECISIONS

From left to right - Back Row: Associate Justice Matthew L.M. Fletcher; Former Chief Justice Robert T. Anderson; and Associate Judge David M. Peterson. Front Row - Chief Judge Michael Petoskey and Associate Justice Jill E. Tompkins

The Tribal Court Judges

Chief Judge Michael Petoskey (Grand Traverse Band) is a Michigan attorney with over 35 years experience developing and implementing tribal courts in Michigan. He has served on the tribal courts for each of the seven federally-recognized Tribes in the lower peninsula of Michigan. Associate Judge David M. Peterson is a retired judge from the 5th District Court for Berrien County, Michigan and is practicing Michigan attorney.

The Court of Appeals Justices

Associate Justice Jill E. Tompkins (Penobscot) is the Court Staff Attorney for the Mille Lacs Band of Ojibwe Indians Court of Central Jurisdiction. She is leading the development of the Mille Lacs Band Healing to Wellness Court, Noojimo’wgamig Inaawanidiwag (Healing Journey). Associate Justice Matthew L.M. Fletcher (Grand Traverse Band) is a Professor of Law and Director of the Indigenous Law & Policy Center at Michigan State University College of Law. We congratulate Chief Justice Robert T. Anderson (Bois Forte Band) on his appointment as Solicitor of the United States Department of the Interior. Upon appointment in 2021, Chief Justice Anderson resigned from the Chief Justice position so not to cause any future conflicts regarding his position as a Solicitor. We thank him for 18 years of work, dedication, and commitment to serving in the Judiciary.

Former Chief Justice Robert T. Anderson

Wooden Trough and Spoons, Nick Dillingham

Ggëkéndamen dokmezwen We know the act of peace 2021 was a momentous occasion, as the dream to provide a place for Peacemaking to call home was fully realized. Culminating in over 15 years of challenging work and dedication by Pokagon Band Citizens and Tribal Court staff, the opening of the Peacemaking Center and the hiring of a part-time Coordinator affirmed the Band’s commitment to Peacemaking. Utilizing the tools provided to us through our Potawatomi culture to help heal and grow our families and community, the centerpiece of this new facility is the Healing Fire Room. It’s a fully-functioning indoor area where we can safely host talking circles and ceremonies around a central fire. The Peacemaking Center also has an outside fire area to host talking circles and ceremonies. The fire is at the heart of our identity as Potawatomi people. Fire has the ability to teach, strengthen, and bring out the best of our spirit, especially during times when we need to communicate clearly for the purpose of maintaining healthy family and community connections. In the same manner by which we see the Band prioritize efforts to revitalize our language, history, and cultural teachings, the traditional manner of resolving disputes and healing relationships is an essential part of living with our Potawatomi worldview. Peacemaking is at the center of how the Pokagon Potawatomi people have always worked together to maintain order, communicate clearly, and bring about resolution in difficult times of disagreement, heartache, and wrong doings. In villages across Turtle Island, there are teachings that explain our place amongst all of Creation and how we maintain a humble respect for the life forces around us. We’ve hosted many elders and knowledge keepers here over the years, and they continually remark to us on how beautiful, resilient, and progressive the Pokagon Potawatomi people are. Though the pandemic greatly limited interactions with the public during 2021, the Center hosted a blessing and gathering of pipe carriers, acknowledging the importance of Peacemaking for the future of the Pokagon Band. We also worked with the children and staff from Zagbëgon to introduce ideas about healthy relationships and nurturing deeper community connections. Introducing Peacemaking to the Department of Social Services helped us realize where we may benefit each other with additional support services for citizens and families. Moving forward into 2022, the Peacemaking Coordinator is looking forward to developing a greater relationship with departments within the Tribal Government to help spread awareness about Peacemaking and its benefits to citizens. By hosting gatherings, recruiting additional Circle Keepers, and helping the Court provide additional resources to the citizens, we look forward to even brighter days for our families and community.

Jason S. Wesaw Peacemaking Coordinator

JANUARY

FEBRUARY

Number of Hearing and Trials Scheduled Monthly, Total 178

12

MARCH

APRIL 15

17

MAY

JUNE

JULY

AUGUST

SEPTEMBER

OCTOBER

NOVEMBER

DECEMBER 4 11

11

12 14 16 20

21 25

Work of the Court

Other work of the Court involves: (1) meeting the needs of the Tribal Government because it is a federallyrecognized sovereign nation; and (2) providing an independent, fair forum for resolving disputes, conflicts and adherence to Tribal standards. Some of the duties and responsibilities are mandated by the Tribal Constitution. Other duties are the result of laws passed by Tribal Council. Yet, other duties are imposed by court rules, administrative orders or required by the inherent authority of the Judiciary as a branch of government. The Court meets these responsibilities by: (1) establishing general rules of practice and procedure before the courts; (2) collaborative governmental development for the implementation of the laws of the Band, Court Rules and Administrative Orders; and (3) the judicial processing of actual cases transferred or filed in the courts.

Judicial Processing of Cases

The Pokagon Band Tribal Court is a court of general jurisdiction. Tribal Court continues to develop with the growth in the community. The Judiciary and court personnel are committed to providing a court system that reflects the values, culture and spirit of Pokagon Band Tribal community. The following graphs help to illustrate case work by the Tribal courts. To safeguard the public and court staff because of the pandemic, the Court conducted hearings by telephone or video conferencing unless it was necessary to have the hearing in-person with proper protections.

2021 Types of Cases Filed, Total 325

A

B

C

D

E

F

G

H

I

J

K

L

M

N 7

7

6

4

2

2

1

1

1

1

1 81

80 131

A. REDISTRIBUTION OF PER CAPITA PAYMENTS FOR DELINQUENT CHILD SUPPORT B. CIVIL INFRACTION C. CHILD SUPPORT RECOGNITION AND ENFORCEMENT D. FOREIGN JUDGMENT RECOGNITION AND ENFORCEMENT E. FOREIGN SUBPOENA RECOGNITION AND ENFORCEMENT F. FOREIGN JUDGMENT GARNISHMENT G. CRIMINAL H. CIVIL TRAFFIC VIOLATION I. ELECTION CHALLENGE J. LANDLORD TENANT K. GUARDIANSHIP AND CONSERVATORSHIP OF ADULT L. PERSONAL PROTECTION ORDER M. ADOPTION N. BANKRUPTCY DEDUCTION

DOWAGIAC CASINO CASES

SOUTH BEND CASINO CASES

HARTFORD CASINO CASES

NEW BUFFALO CASINO CASES

NON-GAMING CASES

Cases Filed and Originating Location

22

36

46

59

Ongoing Cases

ONGOING CASES AT THE END OF 2020 NEW CASES OPENED IN 2021 NUMBER OF CASES CLOSED IN 2021 ONGOING CASES AT THE END OF 2021 NEW CASES OPENED IN 2022 AS OF JAN. 14, 2022 633

325

328

630

12 162

Number of Cases Filed Each Year

2021

2020

2019 325

285

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

2008

2007

2006

2005

2004 11

11

7 163 219 284 481

482 569

448

437 506

531

402 518

485

Program, Service Statements and Statistics