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- [Announcer] This
program was made possible

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by the generous support of

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the First Presbyterian Church
of Birmingham, Michigan,

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Dentons US LLP Law Firm,

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The Rush Group,

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7th Legacy LLC,

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Michigan Humanities,

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an affiliate of the National
Endowment for the Humanities,

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as well as the following funders.

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(rhythmic chanting)

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(melodious music)

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- One of the reasons that I
wanted to be a Native attorney

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was because I wanted to
be one of the warriors,

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one of the Ogichidaa.

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In our culture, the
Ogichidaa are the warriors.

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They're peaceful warriors
that stand up for the people.

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- Every time I think about being a lawyer

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and why I went to law school,

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it always comes back to my earliest days

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with knowing a bunch of my
relatives who were Indian people,

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many of them didn't want to talk about it

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or denied that they were Indian.

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If they could pass for
white, they would do that.

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They changed their last names,

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they refused to speak their language.

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Becoming a lawyer is
just one of the things

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that I felt like I could
do to help to remedy that.

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- What we've been fortunate to have

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is people like Michael
Petoskey, Matthew Fletcher,

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and the other early scholars

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such as JoAnne Cook, who
grew up in Peshawbestown

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with no running water in
her house till she was 11.

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She graduated law school with four boys

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and became the lead judge in her tribe.

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(Allie Greenleaf speaking
in foreign language)

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- I just introduced myself
to you in my Native language

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and in English, that translates
to "Greenleaf talking."

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(Allie speaking in foreign language)

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Because when I speak,
I speak for my people.

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I am an Indian woman from
the Land of the Crooked Tree,

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and I am a member of the Turtle Clan,

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and I'm very honored to serve my community

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as the Chief Judge of the
Little Traverse Bay Bands

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of Odawa Indians.

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- All rise.

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- My evolution personally as a judge is

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I do think about justice as being sacred

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because of the gravity I
feel as a Native person,

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and the service that I
perform in a Native community,

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to try and help other Native people

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to live the kind of life
that they ought to live,

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you know, as the creator
would have them live.

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(gentle music)

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- A lot of people think
peacemaking is a soft way

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of getting out, when in fact,
you have to tell the truth.

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It's harder.

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- The adversarial system is
so focused on punishment,

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retribution, winners, and losers,

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and the peacemaking system
is focused on healing,

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on empathy, on relationships,

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and on addressing the underlying causes

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of what brings people to court.

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- Part of our interest in peacemaking

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had to do with our interest

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in using restorative
justice practices and models

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to interrupt the
school-to-prison pipeline.

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- Well, we have the highest
incarceration rate in the world.

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25% of the prisoners in the world

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are in United States prisons.

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Think about that. We have
3% of the population.

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There's something wrong with that system.

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There's something wrong with that society.

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So a restorative concept of justice

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is something we could
learn a great deal from.

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- Indian communities
make very hard decisions,

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and people who can understand kind of

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all of the effects of those
decisions on the tribe itself,

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their relationship with
their state government,

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their relationship with
the federal government,

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their relationship with
the community members,

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can really, I think, be
invaluable to tribes,

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and that's what Native lawyers do.

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(gentle music)

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(rhythmic drum beating)

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- Tribal sovereignty in
a nutshell, basically is,

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you know, the right to self-governance

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and to make your own rules and
laws, and to govern yourself.

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- And so, sovereignty from
the indigenous perspective

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is simply the ability
to determine for oneself

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what kind of society we want to construct.

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In my own culture, I believe that

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what governs the Anishinabe worldview,

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what holds Anishinabe society together,

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is the idea of (speaking
in foreign language),

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living in a good way,

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living in a way in which
you respect creation.

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- A lot of people don't understand
that tribes are separate

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in sovereign governments,

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and so they have an
obligation to their citizenry

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to provide essential government services

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like housing and social services,

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welfare, healthcare,
police, tribal courts,

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fire, EMT services.

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All of this happens within Indian country

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and within the communities,

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and without economic development,
tribes can't do that.

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- Tribal sovereignty is
having your own identity

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as a sovereign nation,
having your own constitution,

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your own laws, your own entities
that exhort the sovereignty

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like tribal court, gaming commission.

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You have the opportunity

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to do other economic
diversification other than casinos.

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You're able to enter into agreements

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with other governments.

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- Casino gambling has made it possible

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for tribes to raise the kind
of revenue that in turn,

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makes it possible for tribes
to thrive as organizations.

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It hasn't solved the problem
of Indian poverty certainly,

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but it has made great advances
toward allowing Indian people

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to achieve and exercise sovereignty.

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(rhythmic drum beating music)

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(melodious music)

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- If we go back again, to the beginning

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where the United States
is entering into treaties

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with Indian tribes,

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those treaties established
reservation lands

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for many Indian nations,

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and the idea was that

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Indian people entered into these treaties

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with an idea towards survival,

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to create a land base for themselves,

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it was to preserve the most
that they possibly could

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of what they once had,

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of their homeland, their territories,

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their language, and their culture.

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- So treaties do not grant new rights.

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- So what they had
promised in the treaties

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to the Native people was money,
but also goods and services.

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At the same time,

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they were required to
pay these to the tribes.

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They were also establishing
the United States of America,

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so there was this conflict
within the federal government

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of we are moving westward,

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we are creating the
United States of America,

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but now we also are required
to pay goods and services money

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to Indian tribes for these treaties.

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So in the late 1800s,

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they stopped signing treaties with tribes.

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So there's a period of time

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where the government didn't follow through

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with what they had signed
to in the treaties.

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- For many of the tribes, are...

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You know, they're unique, they're diverse,

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and part of the reason is

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their relationships with the states

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and their history with
the federal government

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is distinct to those particular groups.

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And Michigan Indian history

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is unique in that regard
from the other states,

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because Michigan Indian
people were so effectively

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dispossessed in their land.

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- If you look at what happened in 1855,

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our tribe signed a treaty
with the federal government

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and we were restricted
to a couple small areas

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for our reservation,

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and there was a litany of things

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that was supposed to be done
by the federal government.

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Most of those things were not done.

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We weren't able to do the
things that we needed to do

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to keep our place here.

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And so, over a period of time,

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economic challenges for this
area, for Native people,

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they had to move away.

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- It's important to know

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the treaty that was signed by your tribe,

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because those are the
rights that were reserved.

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- And there were hundreds of
treaties that were entered into

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between Indian tribes
and the United States,

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and many rights were retained in those,

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and many of them are still viable today.

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Some of those rights were hunting,

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and fishing, and gathering.

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- I'm grateful to our
grandparents and those before us

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that fought to ensure that our
treaty rights were reserved.

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- The going history is,

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well, the United States
broke every single treaty,

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they violated every treaty,
they broke all their promises,

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and that, yeah, I don't disagree
with that, that's all true,

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but they kept a lot of them as well.

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And maybe it took them a time to do it,

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really until the 1970s and
'80s, for most Indian tribes,

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but the United States really did

00:10:28.290 --> 00:10:32.520
eventually begin to
acknowledge and implement

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their trust obligation to Indian tribes.

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And this notion of a trust
obligation is something

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that is difficult for
many people to understand.

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And what it really means is

00:10:42.090 --> 00:10:44.370
when the United States and Indian tribes

00:10:44.370 --> 00:10:46.050
entered into treaties with each other,

00:10:46.050 --> 00:10:48.600
the United States took
on a duty of protection

00:10:48.600 --> 00:10:50.790
to Indian people and to Indian nations.

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- So federal recognition

00:10:54.840 --> 00:10:57.660
is a process by which
the United States says,

00:10:57.660 --> 00:11:02.100
"We recognize the fact that
you are capable of governing,

00:11:02.100 --> 00:11:05.160
that you're a government,
that you're a sovereign."

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- We became federally recognized.

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We had a constitution, it
had to be okayed by the feds.

00:11:12.810 --> 00:11:14.250
Once that happened,

00:11:14.250 --> 00:11:17.900
you know, we really became
our own separate government.

00:11:17.900 --> 00:11:21.780
- In 1980, we were reestablished,

00:11:21.780 --> 00:11:26.280
and it reaffirmed our federal recognition,

00:11:26.280 --> 00:11:27.990
which meant that we had

00:11:27.990 --> 00:11:31.110
the formal relationship
with the federal government,

00:11:31.110 --> 00:11:35.190
that allowed us to establish
our tribal government.

00:11:35.190 --> 00:11:37.110
And under that tribal government,

00:11:37.110 --> 00:11:42.110
then we were able to
approve our membership,

00:11:42.840 --> 00:11:45.630
the criteria to become a tribal member,

00:11:45.630 --> 00:11:48.570
we were able to establish
our form of government,

00:11:48.570 --> 00:11:51.840
the executive legislative judicial branch,

00:11:51.840 --> 00:11:54.750
and the governing body of that

00:11:54.750 --> 00:11:57.360
is the Grand Traverse Band Tribal Council.

00:12:00.870 --> 00:12:04.170
- I am in my 12th year being
part of Tribal Council,

00:12:04.170 --> 00:12:09.170
and you have to be elected
by the citizens of the tribe.

00:12:09.570 --> 00:12:13.770
- And as part of that,
our role as Tribal Council

00:12:13.770 --> 00:12:17.760
is to pass laws, acquire property,

00:12:17.760 --> 00:12:21.240
look into provide economic
growth and stability.

00:12:21.240 --> 00:12:25.170
We also look to our tribal community

00:12:25.170 --> 00:12:26.880
to see what the needs are

00:12:26.880 --> 00:12:29.130
of the people, of our community members,

00:12:29.130 --> 00:12:32.670
and to establish programs.

00:12:32.670 --> 00:12:35.130
- We do get money from
the federal government,

00:12:35.130 --> 00:12:37.650
it's called 638 funds,

00:12:37.650 --> 00:12:40.290
and those are the only
monies that the tribe gets

00:12:40.290 --> 00:12:41.610
other than grants,

00:12:42.660 --> 00:12:46.500
to help support our
government as it is today,

00:12:47.400 --> 00:12:51.210
and that's one of the
reasons we have a casino.

00:12:51.210 --> 00:12:52.410
- [Interviewee] Yeah, there's many steps

00:12:52.410 --> 00:12:54.750
being able to have tribal gaming,

00:12:54.750 --> 00:12:59.310
one of those, you do have to
be a fairly recognized tribe.

00:12:59.310 --> 00:13:04.290
- There are over 560
federally recognized tribes,

00:13:04.290 --> 00:13:07.380
but a lot of times, what you
find in Indian communities

00:13:07.380 --> 00:13:09.750
is that they're just trying to survive.

00:13:09.750 --> 00:13:11.190
They've developed their governments

00:13:11.190 --> 00:13:12.960
and they have their systems,

00:13:12.960 --> 00:13:16.380
but they're still in that survival mode

00:13:16.380 --> 00:13:17.520
because of displacement,

00:13:17.520 --> 00:13:20.250
because of the different policy eras

00:13:20.250 --> 00:13:23.280
that really affected the
culture and tradition

00:13:23.280 --> 00:13:25.080
and the people as a whole.

00:13:25.080 --> 00:13:27.300
They haven't fully exercised

00:13:27.300 --> 00:13:29.190
the sovereignty that they possess.

00:13:35.000 --> 00:13:36.390
(melodious music)

00:13:36.390 --> 00:13:39.480
- People sometimes get the idea that,

00:13:40.770 --> 00:13:43.830
A, that there's a bunch
of teepees up here,

00:13:43.830 --> 00:13:46.350
or B, we're surrounded by a big fence,

00:13:46.350 --> 00:13:50.310
or, you know, only Indians live

00:13:50.310 --> 00:13:53.880
in the reservation boundaries
and nobody else is welcome,

00:13:53.880 --> 00:13:56.760
and it's totally opposite, you know?

00:13:56.760 --> 00:13:58.890
We're a very inclusive society.

00:13:58.890 --> 00:14:01.560
Our reservation, you know, it's expanding,

00:14:01.560 --> 00:14:06.000
our original boundaries are
very defined in the treaty.

00:14:06.000 --> 00:14:11.000
We're utilizing our economic
power to expand our land base

00:14:11.580 --> 00:14:14.010
to help our citizens.

00:14:14.010 --> 00:14:15.420
- When it comes to a Reservation,

00:14:15.420 --> 00:14:19.170
again, it's reliant as far
as the federal government

00:14:19.170 --> 00:14:22.590
recognizing it as a federal reservation,

00:14:23.580 --> 00:14:26.310
and then that enables
you as a tribal community

00:14:26.310 --> 00:14:28.380
to put your land in trust.

00:14:28.380 --> 00:14:33.380
- The Little Traverse Band of
Chippewa and Ottawa Indians

00:14:35.160 --> 00:14:38.700
has gone from having a little house,

00:14:38.700 --> 00:14:41.220
ramshackle house that
was their headquarters

00:14:41.220 --> 00:14:44.490
with a tin can full of change,

00:14:44.490 --> 00:14:49.080
to having an extensive tribal
administrative facility,

00:14:49.080 --> 00:14:53.010
a public health clinic,
housing for their elderly,

00:14:53.010 --> 00:14:55.620
their own police force,
their own court system,

00:14:55.620 --> 00:14:58.470
a large casino and hotel complex,

00:14:58.470 --> 00:15:03.470
and they've bought land,
square miles of land.

00:15:04.740 --> 00:15:06.690
- And land is taken into trust,

00:15:06.690 --> 00:15:09.120
it takes it off of the state tax roles

00:15:09.120 --> 00:15:11.310
and puts it back into Indian hands.

00:15:11.310 --> 00:15:13.200
And it is held by the federal government,

00:15:13.200 --> 00:15:15.840
it's land owned by the federal government

00:15:15.840 --> 00:15:17.940
for use and occupation of the Indians.

00:15:17.940 --> 00:15:22.530
This is an extremely complex
interlocking set of legal rules

00:15:22.530 --> 00:15:25.290
that govern how Indian
land is established,

00:15:25.290 --> 00:15:28.350
diminished, owned, and transferred.

00:15:28.350 --> 00:15:30.450
It is not only confusing

00:15:30.450 --> 00:15:34.200
because of the complex legal analysis,

00:15:34.200 --> 00:15:39.090
but just the collision of
two different worldviews

00:15:39.090 --> 00:15:41.790
on how land should be used.

00:15:41.790 --> 00:15:45.510
From the Indigenous
perspective, land is your equal.

00:15:51.690 --> 00:15:55.110
(gentle music)

00:15:55.110 --> 00:15:59.640
- There is no criminal
jurisdiction over non-Indians,

00:15:59.640 --> 00:16:00.470
period,

00:16:01.500 --> 00:16:05.220
on a Indian reservation
in the United States.

00:16:05.220 --> 00:16:07.500
- Something called a
Major Crimes Act kicks in,

00:16:07.500 --> 00:16:11.310
which was a law from the late mid-1880s,

00:16:11.310 --> 00:16:12.660
which removed jurisdiction

00:16:12.660 --> 00:16:15.060
over certain types of crimes from tribes.

00:16:15.990 --> 00:16:20.990
- But many times, for economic
reasons or for other reasons,

00:16:22.980 --> 00:16:25.260
the cases were not heard in federal court,

00:16:25.260 --> 00:16:28.290
so the perpetrators would go unpunished.

00:16:28.290 --> 00:16:31.470
- They were not arrested,
they didn't go to jail,

00:16:31.470 --> 00:16:34.290
they didn't go to court, nothing happened.

00:16:34.290 --> 00:16:35.120
- One of the ways

00:16:35.120 --> 00:16:37.200
tribes have begun to get
back some jurisdictions

00:16:37.200 --> 00:16:41.310
are in the Violence Against Women arena,

00:16:41.310 --> 00:16:43.440
where there's a significant
amount of violence

00:16:43.440 --> 00:16:46.350
against Native women
committed by non-Natives,

00:16:46.350 --> 00:16:48.930
often spouses or long-term boyfriends.

00:16:48.930 --> 00:16:50.400
- But it's only restored

00:16:50.400 --> 00:16:52.830
through the Violence
Against Women Act of 2013,

00:16:52.830 --> 00:16:54.120
and it's very limited,

00:16:55.290 --> 00:16:59.940
but at least it's something, it's a start.

00:16:59.940 --> 00:17:02.340
- During this most recent reauthorization

00:17:02.340 --> 00:17:04.260
of the Violence Against Women Act,

00:17:04.260 --> 00:17:07.020
certain tribes could apply for

00:17:07.020 --> 00:17:09.600
to retake jurisdiction over those crimes

00:17:09.600 --> 00:17:12.300
if they met certain criteria.

00:17:12.300 --> 00:17:14.730
To me, sadly, those certain criteria

00:17:14.730 --> 00:17:18.840
are all the exact things
that you would expect

00:17:18.840 --> 00:17:22.350
a Western white court to require

00:17:22.350 --> 00:17:24.240
for a person to go through that court,

00:17:24.240 --> 00:17:27.150
which aren't necessarily
consistent with tribal customs,

00:17:27.150 --> 00:17:30.360
or traditions, or the way
tribes might deal with justice.

00:17:30.360 --> 00:17:31.770
- There are special things
that you have to do,

00:17:31.770 --> 00:17:33.810
that tribes have to do.

00:17:33.810 --> 00:17:36.510
NHBP met all those requirements

00:17:36.510 --> 00:17:40.080
and then we enacted a
domestic violence code,

00:17:40.080 --> 00:17:43.920
so our tribal law now also states

00:17:43.920 --> 00:17:46.320
what people can and cannot do here.

00:17:46.320 --> 00:17:48.960
So if they're a survivor
of domestic violence,

00:17:48.960 --> 00:17:50.820
sexual assault, stalking,

00:17:50.820 --> 00:17:52.680
if they're having personal
protection order issues,

00:17:52.680 --> 00:17:55.200
we make sure that that
client's needs are met.

00:17:56.250 --> 00:17:59.490
- We have had many victims
that have received services

00:17:59.490 --> 00:18:04.490
and all throughout the community.

00:18:04.560 --> 00:18:06.690
- The tribal code includes

00:18:06.690 --> 00:18:08.430
a domestic violence victim advocate,

00:18:08.430 --> 00:18:11.640
so we provide victim services
to ensure the safety of folks,

00:18:11.640 --> 00:18:15.000
that includes safety planning,
transitional housing,

00:18:15.000 --> 00:18:18.060
transportation, whatever
services that they need.

00:18:18.060 --> 00:18:19.950
We do have a veteran intervention program

00:18:19.950 --> 00:18:21.540
that is set up and ready to go.

00:18:22.410 --> 00:18:24.240
- While we can assert jurisdiction

00:18:24.240 --> 00:18:27.000
over these certain crimes
of domestic violence,

00:18:27.000 --> 00:18:29.110
there's still other crimes that,

00:18:29.110 --> 00:18:30.690
you know, if children are involved

00:18:30.690 --> 00:18:32.430
or the other ancillary crimes

00:18:32.430 --> 00:18:36.120
that normally occur
with domestic violence.

00:18:37.800 --> 00:18:40.800
Slowly, we hope that those can be added

00:18:40.800 --> 00:18:42.300
so that those crimes can also...

00:18:42.300 --> 00:18:44.820
We can also hold them
liable for those crimes.

00:18:46.040 --> 00:18:48.870
(melodious music)

00:18:56.960 --> 00:18:59.480
(gentle rhythmic drum beating)

00:18:59.480 --> 00:19:00.660
- The Indian Child Welfare Act

00:19:00.660 --> 00:19:03.540
is a law that's well over 30 years old

00:19:03.540 --> 00:19:06.630
that's designed to help
keep Indian children

00:19:06.630 --> 00:19:08.670
who are in distress,

00:19:08.670 --> 00:19:10.980
in their communities with their families,

00:19:10.980 --> 00:19:12.390
if at all possible.

00:19:12.390 --> 00:19:15.840
It came about because prior to
the Indian Child Welfare Act,

00:19:15.840 --> 00:19:18.900
there was an official
government policy in place

00:19:18.900 --> 00:19:22.470
designed to remove Indian
children from their homes

00:19:22.470 --> 00:19:25.800
and place them in non-Indian
homes or boarding schools

00:19:25.800 --> 00:19:27.480
in order to assimilate them.

00:19:29.670 --> 00:19:33.360
- And so, prior to the
Indian Child Welfare Act,

00:19:33.360 --> 00:19:35.040
there would be communities

00:19:35.040 --> 00:19:39.000
with literally no children in them.

00:19:39.000 --> 00:19:41.760
Being an Indian parent
was basically criminal.

00:19:43.680 --> 00:19:45.150
Prior to the Indian Child Welfare Act,

00:19:45.150 --> 00:19:47.160
if you grew up on a reservation,

00:19:47.160 --> 00:19:50.820
that was cause enough to
remove you from your parents.

00:19:50.820 --> 00:19:52.740
- The federal government wasn't sure

00:19:52.740 --> 00:19:55.140
what to do with Indian people

00:19:55.140 --> 00:19:57.150
and wanted them to become assimilated,

00:19:57.150 --> 00:20:01.050
but felt they needed to
help them along with that.

00:20:01.050 --> 00:20:02.610
So in the late 1800s,

00:20:02.610 --> 00:20:04.350
boarding schools were established.

00:20:04.350 --> 00:20:07.020
Tribal communities
weren't given the option

00:20:07.020 --> 00:20:09.960
of whether to attend, children
were required to attend.

00:20:09.960 --> 00:20:14.960
So at the age of five, up
until the eighth grade,

00:20:15.480 --> 00:20:20.130
most young people were required
to attend boarding schools.

00:20:20.970 --> 00:20:24.690
My older siblings
attended boarding school,

00:20:24.690 --> 00:20:27.690
but the four younger
ones, we didn't have to.

00:20:27.690 --> 00:20:30.120
So in our family, we're
the first generation

00:20:30.120 --> 00:20:31.650
that didn't have to attend.

00:20:34.170 --> 00:20:38.460
- My mother, who was taken
away to boarding school

00:20:38.460 --> 00:20:42.420
to Mount Pleasant, I never even knew it.

00:20:42.420 --> 00:20:44.280
I didn't know that she
was in boarding school

00:20:44.280 --> 00:20:48.450
till later in life, because
she never spoke about it.

00:20:48.450 --> 00:20:51.240
It takes the spirit out of that person.

00:20:52.170 --> 00:20:56.370
I think back then, and that
was the prevalent thought,

00:20:56.370 --> 00:20:58.950
is to take the Indian out of the Indian.

00:21:00.540 --> 00:21:02.910
- The vast majority, I think,
of Indian people you'll see

00:21:02.910 --> 00:21:04.500
that went to one or both of those schools,

00:21:04.500 --> 00:21:06.600
will tell you stories of abuse,

00:21:06.600 --> 00:21:09.270
of neglect, bad healthcare, bad food,

00:21:09.270 --> 00:21:11.400
lots of physical violence

00:21:11.400 --> 00:21:13.680
in the event that anybody
spoke their language,

00:21:13.680 --> 00:21:15.930
family members being torn apart.

00:21:15.930 --> 00:21:18.300
I can kinda refer to the historic trauma

00:21:18.300 --> 00:21:22.080
that we're going to
continuously have to battle with

00:21:22.080 --> 00:21:23.700
because of it.

00:21:23.700 --> 00:21:25.410
A lot of our tribal community members

00:21:25.410 --> 00:21:27.660
that are affected by
the Boarding School Era,

00:21:27.660 --> 00:21:29.160
they just don't know how to be parents

00:21:29.160 --> 00:21:31.680
because they were never
taught how to be parents.

00:21:31.680 --> 00:21:33.450
So a lot of it is just trying also,

00:21:33.450 --> 00:21:36.720
to provide those services
to our tribal members,

00:21:36.720 --> 00:21:40.350
just to show them how to
be loving, caring parents

00:21:40.350 --> 00:21:43.050
and providing all the help we can.

00:21:43.050 --> 00:21:45.030
- So they grew up with no identity

00:21:45.030 --> 00:21:47.490
and grew up with no cultural foundation,

00:21:47.490 --> 00:21:51.330
and they grew up as wanderers
and they never felt connected.

00:21:51.330 --> 00:21:54.840
If we want to reverse the
effects of historical trauma,

00:21:54.840 --> 00:21:59.840
it will be through the
maintenance and the preservation

00:22:00.360 --> 00:22:02.970
of our language, our culture.

00:22:02.970 --> 00:22:07.440
- They experienced
trauma, emotional trauma,

00:22:07.440 --> 00:22:10.530
from not being a part
of, not being connected,

00:22:10.530 --> 00:22:11.850
to their communities.

00:22:11.850 --> 00:22:13.680
So I think it's...

00:22:13.680 --> 00:22:16.200
I'm emotional because it's connected

00:22:16.200 --> 00:22:18.510
and that's the difference.

00:22:18.510 --> 00:22:19.650
I'm a part of that.

00:22:19.650 --> 00:22:24.300
I don't just go to work. I am my work.

00:22:25.560 --> 00:22:28.230
(gentle music)

00:22:35.910 --> 00:22:38.430
- Right around the time of
the '20s, '30s, and '40s,

00:22:38.430 --> 00:22:41.160
a lot of boarding schools
started closing down.

00:22:41.160 --> 00:22:42.870
The federal government was in no mood

00:22:42.870 --> 00:22:46.320
to keep funding a lot of
these boarding schools.

00:22:46.320 --> 00:22:49.080
The federal government transitioned into

00:22:49.080 --> 00:22:51.480
encouraging the states
to take jurisdiction

00:22:51.480 --> 00:22:53.040
over Indian children,

00:22:53.040 --> 00:22:54.760
and the State of Michigan,

00:22:54.760 --> 00:22:57.480
like a lot of other
states around this time,

00:22:57.480 --> 00:23:02.480
started creating child welfare
social service agencies.

00:23:02.670 --> 00:23:06.930
So they start slowly
and then it gained steam

00:23:06.930 --> 00:23:08.400
throughout the '50s and '60s,

00:23:08.400 --> 00:23:11.940
they began to intervene
in Indian family's homes,

00:23:11.940 --> 00:23:13.410
find a placement for them

00:23:13.410 --> 00:23:16.470
as either a foster placement
or an adoptive placement

00:23:16.470 --> 00:23:17.640
in a non-Indian home,

00:23:17.640 --> 00:23:20.340
as far away from the
reservation as possible,

00:23:20.340 --> 00:23:21.780
hopefully a Christian home.

00:23:22.980 --> 00:23:24.210
When you get into court,

00:23:24.210 --> 00:23:26.460
the Indian families are never
represented by a council

00:23:26.460 --> 00:23:27.660
back in those days.

00:23:28.710 --> 00:23:30.330
Oftentimes, they were not given notice

00:23:30.330 --> 00:23:32.400
or allowed to testify
in their own defense.

00:23:32.400 --> 00:23:34.230
So they don't even know half the time,

00:23:34.230 --> 00:23:37.230
why it is that the state
has taken their kid away.

00:23:37.230 --> 00:23:40.050
And that just happened, and
it was all done for cultural,

00:23:40.050 --> 00:23:42.600
religious, and frankly, racist reasons.

00:23:42.600 --> 00:23:45.540
- And that's precisely
what happened to my mother.

00:23:45.540 --> 00:23:50.010
She was sent to live with a
Mennonite minister and his wife,

00:23:50.010 --> 00:23:52.830
and there, her hair was cut

00:23:52.830 --> 00:23:55.140
and she was not allowed
to practice her religion

00:23:55.140 --> 00:23:56.820
or her culture.

00:23:56.820 --> 00:23:59.070
And she was a very dark woman,

00:23:59.070 --> 00:24:02.940
and so she talks about
having Clorox bleach

00:24:02.940 --> 00:24:06.000
placed on her skin to lighten her skin.

00:24:06.000 --> 00:24:07.650
And I think most damaging of all,

00:24:07.650 --> 00:24:10.620
she didn't get to contact
or see her family.

00:24:14.190 --> 00:24:16.720
I became an attorney because

00:24:17.970 --> 00:24:21.690
I wanted what happened to my family

00:24:21.690 --> 00:24:25.170
to not happen to anybody else.

00:24:25.170 --> 00:24:26.610
Being removed from the home

00:24:26.610 --> 00:24:30.630
and growing up without her
community and without her family,

00:24:31.710 --> 00:24:33.610
my mother experienced a lot of trauma,

00:24:34.770 --> 00:24:36.540
and as a result of that,

00:24:36.540 --> 00:24:39.120
she turned to alcohol to cope with it,

00:24:39.120 --> 00:24:41.940
and growing up like that
was extremely difficult.

00:24:42.840 --> 00:24:47.840
It completely moved the
barometer for normal in my world.

00:24:48.630 --> 00:24:51.690
It turned me from being a
child into being a parent

00:24:51.690 --> 00:24:52.860
at a very young age.

00:24:54.360 --> 00:24:59.360
It left me feeling alone
and isolated growing up,

00:25:00.900 --> 00:25:04.860
and I almost got lost.

00:25:06.270 --> 00:25:10.230
Somehow, there were always
people there supporting me,

00:25:12.660 --> 00:25:15.120
and somehow, rather, I did get through

00:25:15.120 --> 00:25:17.580
where no one else in my family did.

00:25:18.900 --> 00:25:23.880
- The culture was stripped
away from those generations.

00:25:23.880 --> 00:25:26.610
When that was stripped
away from our children,

00:25:28.770 --> 00:25:31.230
that created a void in their lives.

00:25:31.230 --> 00:25:32.700
So what did they fill those voids with?

00:25:32.700 --> 00:25:36.330
Well, that's where all
those really negative

00:25:36.330 --> 00:25:38.760
socioeconomic statistics come from.

00:25:40.170 --> 00:25:43.440
- I was only in foster care
for about eight months,

00:25:43.440 --> 00:25:46.950
but I realized then, that my way of life

00:25:46.950 --> 00:25:49.830
or the way I grew up was very
different from some people.

00:25:49.830 --> 00:25:53.730
There's a way that you are
with your Native family,

00:25:53.730 --> 00:25:57.840
there is something instinctual,
what we call blood memory,

00:25:57.840 --> 00:26:00.990
and when you are taken out
of that, there's a loss

00:26:00.990 --> 00:26:03.780
because you recognize that
you aren't with someone

00:26:03.780 --> 00:26:07.440
that understands you or you
have that connection with.

00:26:07.440 --> 00:26:09.480
Then, when you don't have that,

00:26:09.480 --> 00:26:11.190
that affects your self-esteem,

00:26:11.190 --> 00:26:15.600
your self-confidence about
who you are as Anishinabe.

00:26:15.600 --> 00:26:20.600
And so, the Indian Child
Welfare Act is there to ensure

00:26:21.060 --> 00:26:23.430
that children have that connection.

00:26:36.690 --> 00:26:41.100
- The Indian Child Welfare
Act is four decades old,

00:26:41.100 --> 00:26:44.220
it was adopted in 1978,

00:26:44.220 --> 00:26:48.150
but this is a very fundamental
and significant act

00:26:48.150 --> 00:26:53.150
in terms of tribes being
able to have a voice

00:26:53.280 --> 00:26:54.990
in where their children live

00:26:54.990 --> 00:26:59.610
and to keep them from being
removed from their families.

00:26:59.610 --> 00:27:03.030
- It was Congress's intent to
use it as the Gold Standard.

00:27:03.030 --> 00:27:04.080
The Indian Child Welfare Act,

00:27:04.080 --> 00:27:06.900
it was probably the
closest of the beginning

00:27:06.900 --> 00:27:09.930
of truth and reconciliation
hearings in this country,

00:27:09.930 --> 00:27:12.140
because the background really talked about

00:27:12.140 --> 00:27:16.560
the governmental policies over
a sustained period of time

00:27:16.560 --> 00:27:19.500
that destroyed families
and destroyed culture.

00:27:19.500 --> 00:27:21.060
- It really is the Gold Standard

00:27:21.060 --> 00:27:25.380
because it values families, and culture,

00:27:25.380 --> 00:27:30.380
and self-determination of
the child and the family

00:27:30.930 --> 00:27:32.760
above all else.

00:27:32.760 --> 00:27:35.250
- The Indian Child Welfare Act

00:27:35.250 --> 00:27:40.250
is designed to dictate how
states handle Indian children

00:27:41.190 --> 00:27:43.770
that are in state child welfare systems.

00:27:44.610 --> 00:27:48.150
It allows tribes to intervene at any point

00:27:48.150 --> 00:27:49.770
in the proceedings.

00:27:49.770 --> 00:27:51.390
And once the tribe intervenes,

00:27:51.390 --> 00:27:53.970
the tribe has an opportunity
to transfer the case

00:27:53.970 --> 00:27:55.410
to tribal court.

00:27:55.410 --> 00:28:00.240
However, either parent
that's a party to the case

00:28:00.240 --> 00:28:03.030
has an absolute veto over that transfer,

00:28:03.030 --> 00:28:04.710
but ICWA still applies,

00:28:04.710 --> 00:28:06.930
even if it stays in state court.

00:28:06.930 --> 00:28:10.230
- The protection goes with the child,

00:28:11.160 --> 00:28:12.630
so it does not matter

00:28:12.630 --> 00:28:15.630
if the child is eligible for
membership in an Alaskan tribe,

00:28:15.630 --> 00:28:17.850
it's wherever that child is.

00:28:17.850 --> 00:28:18.930
It's like a cloak,

00:28:18.930 --> 00:28:21.480
it's like a blanket that
they get to wear, yeah?

00:28:23.220 --> 00:28:27.360
- The Indian Child Welfare
Act sets a minimum standard

00:28:27.360 --> 00:28:30.300
for the removal of Indian
children from their homes

00:28:30.300 --> 00:28:32.910
and for their placement in homes

00:28:32.910 --> 00:28:36.450
that reflect tribal values and cultures.

00:28:36.450 --> 00:28:39.510
The number one placement
preference for a Native child

00:28:39.510 --> 00:28:41.280
is with a family member,

00:28:41.280 --> 00:28:42.960
and it doesn't matter if the family member

00:28:42.960 --> 00:28:46.320
is Native American or non-Indian.

00:28:46.320 --> 00:28:49.680
- It's a completely
different type of scenario

00:28:49.680 --> 00:28:50.510
when you're in court.

00:28:50.510 --> 00:28:54.390
It's a healing court, it's
about making things right again,

00:28:54.390 --> 00:28:57.120
it's about helping the families.

00:28:59.340 --> 00:29:02.340
- The current system would
treat them, the parents,

00:29:02.340 --> 00:29:06.030
like their criminals and
attempt to punish them.

00:29:06.030 --> 00:29:08.490
- In a state NA case, it's about,

00:29:10.050 --> 00:29:11.730
unfortunately, money,

00:29:11.730 --> 00:29:16.470
and meeting timelines that
are set out statutorily

00:29:16.470 --> 00:29:20.640
so that you can get money to
be able to service these cases.

00:29:20.640 --> 00:29:22.440
- The Indian Child Welfare Act

00:29:22.440 --> 00:29:26.520
require that the state provide

00:29:26.520 --> 00:29:28.800
parents or guardians of Native children

00:29:28.800 --> 00:29:33.800
with active efforts to
help reunify the family.

00:29:33.990 --> 00:29:35.250
So what that means is

00:29:35.250 --> 00:29:38.280
if the parent has a
substance abuse problem,

00:29:38.280 --> 00:29:40.650
a reasonable effort might
be telling the parent,

00:29:40.650 --> 00:29:42.990
"You need to go to treatment."

00:29:42.990 --> 00:29:45.420
An active effort would be facilitating

00:29:45.420 --> 00:29:47.700
getting that parent to treatment.

00:29:47.700 --> 00:29:50.880
- Really, these are
standards that ought to apply

00:29:50.880 --> 00:29:54.420
to all children, not just Native children.

00:29:54.420 --> 00:29:57.900
- The lessons that ICWA has to teach us

00:29:57.900 --> 00:30:01.890
should really be incorporated
into adoption practices

00:30:01.890 --> 00:30:04.260
and foster care practices
across the country.

00:30:04.260 --> 00:30:08.730
- Statistics show our foster
care system is failing.

00:30:08.730 --> 00:30:11.850
We have twice as many
kids in foster care now,

00:30:11.850 --> 00:30:13.980
as we did in the 1980s.

00:30:13.980 --> 00:30:15.290
When you have...

00:30:16.320 --> 00:30:18.090
Approximately 60% of the people

00:30:18.090 --> 00:30:19.560
that are coming out of foster care

00:30:19.560 --> 00:30:23.580
are either within two years
of aging out of foster care,

00:30:23.580 --> 00:30:25.830
they're either homeless, unemployed,

00:30:25.830 --> 00:30:27.810
pregnant, in jail, or dead.

00:30:30.000 --> 00:30:31.500
Is this system working?

00:30:32.490 --> 00:30:35.160
- People come back to
the tribe very regularly

00:30:35.160 --> 00:30:38.490
and they tell us about
how they were adopted out,

00:30:38.490 --> 00:30:41.460
how it was tough on them,
they always felt lost,

00:30:41.460 --> 00:30:43.650
they never had a connection.

00:30:43.650 --> 00:30:46.320
And once they finally come
back to the community,

00:30:46.320 --> 00:30:48.300
they finally feel like they're at home.

00:30:48.300 --> 00:30:50.100
And so, hearing those testimonies

00:30:50.100 --> 00:30:53.880
cements the need for ICWA for me.

00:30:53.880 --> 00:30:56.940
- I think you'd be
surprised at the interests

00:30:56.940 --> 00:31:00.510
that are arrayed to try to
bring that statute down,

00:31:00.510 --> 00:31:03.120
just because there's a half a dozen

00:31:03.120 --> 00:31:05.310
federal lawsuits around the country

00:31:05.310 --> 00:31:07.830
designed to try to make
the statute go away,

00:31:07.830 --> 00:31:09.660
to declare it unconstitutional.

00:31:09.660 --> 00:31:12.360
And, you know, we're
gonna do our very best

00:31:12.360 --> 00:31:14.010
to make sure that doesn't happen.

00:31:23.010 --> 00:31:25.830
- Federal law, Indian Child Welfare,

00:31:25.830 --> 00:31:28.470
is a bare minimum standard.

00:31:28.470 --> 00:31:29.940
And when Congress enacted it,

00:31:29.940 --> 00:31:33.090
it said states are free
to enact legislation

00:31:33.090 --> 00:31:36.510
which affirms or even
enhances those protections.

00:31:38.130 --> 00:31:41.730
The act had been around
for several decades,

00:31:41.730 --> 00:31:43.650
and yet despite that,

00:31:43.650 --> 00:31:48.650
there was large scale
non-compliance across the country.

00:31:49.320 --> 00:31:52.790
And the area where the non-compliance,

00:31:52.790 --> 00:31:55.830
at the end of the day, was
really the responsibility

00:31:55.830 --> 00:31:59.400
of state court judges to make sure it was,

00:31:59.400 --> 00:32:00.650
and it wasn't being done.

00:32:02.250 --> 00:32:05.610
- You know, when I started
working for the tribe,

00:32:07.170 --> 00:32:10.140
I wanted to do some child welfare work.

00:32:10.140 --> 00:32:12.570
Every single case that I had

00:32:12.570 --> 00:32:16.260
that involved the State of
Michigan and one of our kids,

00:32:16.260 --> 00:32:18.870
some aspect of the
Indian Child Welfare Act

00:32:18.870 --> 00:32:20.250
had not been followed.

00:32:21.840 --> 00:32:26.840
I came to the realization that
we needed systemic change,

00:32:26.880 --> 00:32:30.390
and I was very fortunate
that there were other people,

00:32:30.390 --> 00:32:33.360
great and wonderful people
within the State of Michigan,

00:32:33.360 --> 00:32:35.880
that were thinking the same thing as well.

00:32:36.960 --> 00:32:40.290
If we write our own version

00:32:40.290 --> 00:32:41.640
of the Indian Child Welfare Act,

00:32:41.640 --> 00:32:45.060
not only will it then be part
of the day-to-day state law

00:32:45.060 --> 00:32:46.920
that people are used to working with,

00:32:46.920 --> 00:32:49.020
but we'll have an
opportunity to strengthen it

00:32:49.020 --> 00:32:50.130
in specific areas

00:32:50.130 --> 00:32:52.950
where we feel like it
needs to be strengthened.

00:32:52.950 --> 00:32:57.330
And standing behind Governor Schneider

00:32:57.330 --> 00:33:01.170
as he signed the Michigan
Indian Family Preservation Act

00:33:01.170 --> 00:33:04.710
into law, was one of the
proudest days of my life

00:33:04.710 --> 00:33:06.540
and a highlight in my career,

00:33:06.540 --> 00:33:10.170
because that law, it's made a difference.

00:33:10.170 --> 00:33:12.360
- So our Supreme Court
and Court of Appeals

00:33:12.360 --> 00:33:16.530
have been upholding the
intent of that Gold Standard

00:33:16.530 --> 00:33:19.800
more and more under our
state law than our federal.

00:33:19.800 --> 00:33:21.270
Now, that's a beautiful thing.

00:33:21.270 --> 00:33:23.050
Even with all that, we're one state

00:33:23.940 --> 00:33:26.730
and each state, every
county is responsible.

00:33:28.590 --> 00:33:30.480
- I think one of the primary reasons

00:33:30.480 --> 00:33:34.560
that the Indian Child Welfare
Act has not complied with

00:33:34.560 --> 00:33:35.910
the way that it's intended

00:33:35.910 --> 00:33:37.980
is the failure of courts and judges

00:33:37.980 --> 00:33:42.420
to ask whether the children
before them are Indian.

00:33:42.420 --> 00:33:46.200
And I remember a few years back,

00:33:46.200 --> 00:33:48.030
going into the State of Indiana

00:33:48.030 --> 00:33:51.390
and meeting in the largest
county with the court folks,

00:33:51.390 --> 00:33:53.700
and they said, "Well, we
just don't have any Indians

00:33:53.700 --> 00:33:54.770
here in Indiana."

00:33:56.280 --> 00:33:59.250
Which led us to ask the
question in a humorous way,

00:33:59.250 --> 00:34:02.100
"Where did the name of
the state come from?"

00:34:02.100 --> 00:34:05.880
- There's a very well funded
group of adoption attorneys

00:34:05.880 --> 00:34:10.330
where the attorneys make
their living adopting children

00:34:12.120 --> 00:34:15.210
that are looking to overturn
the Indian Child Welfare Act,

00:34:15.210 --> 00:34:16.950
or to bare minimum, to weaken it.

00:34:17.790 --> 00:34:20.940
And so they've mounted a
series of legal challenges

00:34:20.940 --> 00:34:23.820
across the country, designed to do so.

00:34:24.720 --> 00:34:26.430
The good news for Michigan is

00:34:26.430 --> 00:34:28.950
because we have the Michigan
Family Preservation Act,

00:34:28.950 --> 00:34:30.420
we're insulated,

00:34:30.420 --> 00:34:33.060
but in the rest of the
country, it's not, it's not so,

00:34:33.060 --> 00:34:36.690
so that's probably, in my mind,

00:34:36.690 --> 00:34:38.940
because that's the area of
law that I'm focused on,

00:34:38.940 --> 00:34:41.690
it's one of the most important
challenges we're facing.

00:34:46.850 --> 00:34:50.180
(rhythmic drum beating)

00:34:52.110 --> 00:34:54.690
- We have our own wellness courts

00:34:54.690 --> 00:34:58.740
that are there to assist
those people with issues,

00:34:58.740 --> 00:35:01.470
not to throw 'em into a jail

00:35:01.470 --> 00:35:04.050
or to do something of that sort,

00:35:04.050 --> 00:35:07.620
but try to heal them within.

00:35:07.620 --> 00:35:09.550
- Our Healing to Wellness Court

00:35:10.440 --> 00:35:14.130
focuses on healing the individual,

00:35:14.130 --> 00:35:17.370
and it deeply incorporates culture.

00:35:17.370 --> 00:35:21.840
Native people respond more to programs

00:35:21.840 --> 00:35:24.480
that address their substance abuse issues

00:35:24.480 --> 00:35:26.430
from a cultural perspective.

00:35:26.430 --> 00:35:30.240
It's 18 months with a 6 month
mandatory aftercare program.

00:35:31.710 --> 00:35:33.420
- Local courts, the county courts,

00:35:33.420 --> 00:35:35.700
they'll ask the tribal citizen

00:35:35.700 --> 00:35:37.500
if they would like to participate

00:35:37.500 --> 00:35:40.950
in the Tribal Drug Court program.

00:35:40.950 --> 00:35:44.190
We accept any federally
recognized tribal citizen,

00:35:44.190 --> 00:35:47.400
we accept non-violent offenders,

00:35:47.400 --> 00:35:51.270
same as with any court across the country.

00:35:51.270 --> 00:35:53.280
- People have to volunteer,

00:35:53.280 --> 00:35:58.280
so we don't accept people
that don't agree to be there.

00:35:59.160 --> 00:36:01.380
They have to know what
they're getting into

00:36:01.380 --> 00:36:02.940
and they have to be at a point

00:36:02.940 --> 00:36:05.400
where they're ready to change their lives.

00:36:05.400 --> 00:36:08.020
The program is incredibly intense

00:36:08.910 --> 00:36:11.940
and it takes a great deal of sacrifice,

00:36:11.940 --> 00:36:15.090
not just on their parts,
but their families as well.

00:36:15.090 --> 00:36:18.150
But it's that level of regimen

00:36:18.150 --> 00:36:20.820
that they need to get on the right path.

00:36:24.030 --> 00:36:28.110
(speaking in a foreign language)

00:36:30.390 --> 00:36:33.750
- Case number AC-029-0217.

00:36:33.750 --> 00:36:38.490
- One of the advantages
to our tribal court

00:36:38.490 --> 00:36:43.470
is that we have all of the
tribal programs at our disposal

00:36:43.470 --> 00:36:44.300
to help them.

00:36:44.300 --> 00:36:47.970
Housing, utilities
assistance, medical care,

00:36:47.970 --> 00:36:50.370
education, substance abuse program.

00:36:51.690 --> 00:36:52.980
- [Allie] How was the holiday?

00:36:52.980 --> 00:36:53.820
- It was okay.

00:36:53.820 --> 00:36:57.120
- Where's the line between
privacy and secrecy?

00:36:57.120 --> 00:37:00.150
Because addiction is in
the realm of secrecy.

00:37:01.260 --> 00:37:03.360
So you have to ask yourself,

00:37:03.360 --> 00:37:07.040
"Am I being private here or
am I feeding my addiction?"

00:37:08.790 --> 00:37:12.660
You're gonna have to let go and let us in.

00:37:14.430 --> 00:37:15.840
You're gonna have to be open and honest

00:37:15.840 --> 00:37:17.480
about what's going on with you

00:37:17.480 --> 00:37:19.950
so that we can be there for you.

00:37:23.190 --> 00:37:25.170
- They have the normal
probation requirements,

00:37:25.170 --> 00:37:26.340
they report weekly.

00:37:26.340 --> 00:37:31.110
The decision for the
sentencing or for the hearing

00:37:31.110 --> 00:37:33.000
is based on everyone's input.

00:37:33.000 --> 00:37:36.720
- Really, it's a holistic justice concept

00:37:36.720 --> 00:37:41.430
in terms of bringing in
people from tribal staff

00:37:41.430 --> 00:37:43.290
who could be part of the solution.

00:37:43.290 --> 00:37:46.880
- They come to us broken, misguided, lost,

00:37:50.280 --> 00:37:52.110
and that shows in their spirit,

00:37:52.110 --> 00:37:54.660
that shows in the way
they speak to others,

00:37:54.660 --> 00:37:55.770
the way they treat others,

00:37:55.770 --> 00:37:57.750
the way they think of the drug court.

00:37:57.750 --> 00:38:00.030
And after they're
introduced to the culture,

00:38:00.030 --> 00:38:02.460
especially the sweat lodge, that changes.

00:38:03.450 --> 00:38:07.200
This way of life restores
us to what we once were,

00:38:07.200 --> 00:38:08.430
what we always were.

00:38:09.420 --> 00:38:11.700
(gentle music)

00:38:11.700 --> 00:38:12.990
- [Interviewee] One of
the things that we have

00:38:12.990 --> 00:38:16.500
in our courtroom is
the seven grandfathers,

00:38:16.500 --> 00:38:20.010
sometimes referred to
as the seven teachings.

00:38:20.010 --> 00:38:23.730
- The ones that I was taught
by my elders is love, respect,

00:38:23.730 --> 00:38:26.550
honesty, humility, truth,
wisdom, and bravery.

00:38:27.960 --> 00:38:31.320
When they complete this
program successfully,

00:38:31.320 --> 00:38:34.830
all of those seven values
are a part of their life.

00:38:34.830 --> 00:38:36.000
Each participant,

00:38:36.000 --> 00:38:39.210
when they first come into the courtroom,

00:38:39.210 --> 00:38:42.090
they're provided a poster.

00:38:42.090 --> 00:38:47.090
On this poster is a diagram
of the medicine wheel.

00:38:48.270 --> 00:38:52.980
In that first phase on the
rim of that medicine wheel

00:38:52.980 --> 00:38:55.650
is a representation of a fire,

00:38:55.650 --> 00:38:58.320
and in the beginning it's a small fire,

00:38:58.320 --> 00:39:00.690
and at the end, when they
graduate the program,

00:39:00.690 --> 00:39:03.390
it's a full-blown fire.

00:39:05.010 --> 00:39:07.830
What that represents for
this person in that program

00:39:07.830 --> 00:39:10.080
is that as they progress
through this program,

00:39:10.080 --> 00:39:12.930
they're lighting their own fire within.

00:39:12.930 --> 00:39:15.420
And that fire within is
what drives their spirit,

00:39:15.420 --> 00:39:17.520
what motivates their spirit to do right,

00:39:17.520 --> 00:39:21.810
to do the right thing and
to live the right way.

00:39:21.810 --> 00:39:23.760
- You don't just change their life,

00:39:24.750 --> 00:39:27.810
you change the life of their children

00:39:27.810 --> 00:39:29.880
and of all the people around them,

00:39:29.880 --> 00:39:32.460
and you change the course
of their family tree.

00:39:39.370 --> 00:39:41.940
(melodious music)

00:39:41.940 --> 00:39:46.940
- I had some very early lessons
after I assumed the bench,

00:39:48.000 --> 00:39:53.000
that have kinda guided my career
and my thoughts ever since.

00:39:53.010 --> 00:39:57.690
One of those was a young man
who, from the tribal community,

00:39:57.690 --> 00:40:00.480
who came into court one day and said,

00:40:00.480 --> 00:40:03.450
"Damn, this looks like
a white man's court."

00:40:03.450 --> 00:40:06.960
Well, that set me on a career journey

00:40:06.960 --> 00:40:09.420
to think about what tribal
courts ought to look like

00:40:09.420 --> 00:40:13.170
and who they ought to reflect,
who we are as Indian people.

00:40:14.560 --> 00:40:17.580
(melodious Native singing)

00:40:17.580 --> 00:40:19.770
- Peacemaking in our community

00:40:19.770 --> 00:40:24.300
is using mediation with
culture and tradition

00:40:24.300 --> 00:40:26.070
to resolve disputes.

00:40:26.070 --> 00:40:28.890
It allows the parties to come together,

00:40:28.890 --> 00:40:32.640
to sit down together, to talk,

00:40:32.640 --> 00:40:36.150
to express anger, frustration,

00:40:36.150 --> 00:40:40.290
to get to the issue of
what caused the conflict,

00:40:40.290 --> 00:40:44.490
and then allow them to be
able to then resolve it.

00:40:45.930 --> 00:40:48.480
- But people are told that ahead of time,

00:40:48.480 --> 00:40:52.470
you know, that you're being
offered this as an alternative

00:40:52.470 --> 00:40:54.840
to going through a court hearing,

00:40:55.980 --> 00:40:58.080
and you have to understand

00:40:58.080 --> 00:41:01.650
that if you don't
participate in this fully

00:41:01.650 --> 00:41:03.600
and if you don't work in good faith

00:41:03.600 --> 00:41:06.240
towards a solution within the circle,

00:41:06.240 --> 00:41:08.730
it will go back to the court.

00:41:08.730 --> 00:41:13.200
- You know, at times, it's
more difficult to do that,

00:41:13.200 --> 00:41:18.200
to change and to understand
why you're there in court.

00:41:19.590 --> 00:41:21.900
Your attorneys are speaking for you,

00:41:21.900 --> 00:41:23.430
they are speaking to the judge,

00:41:23.430 --> 00:41:25.530
it's the judge that is gonna hand down

00:41:25.530 --> 00:41:27.450
the solution to the conflict.

00:41:27.450 --> 00:41:28.980
A lot of times, you don't even get to

00:41:28.980 --> 00:41:30.660
what the real conflict is

00:41:30.660 --> 00:41:34.020
because the law just allows
that you're being charged.

00:41:36.360 --> 00:41:38.610
A lot of times, the parties
don't even get to meet

00:41:38.610 --> 00:41:39.780
or talk to one another,

00:41:39.780 --> 00:41:44.780
they don't get to express
what feelings or emotions

00:41:45.240 --> 00:41:47.850
that they had during this conflict,

00:41:47.850 --> 00:41:49.770
and there's a winner and loser.

00:41:49.770 --> 00:41:51.900
- We're not focused on winning and losing,

00:41:51.900 --> 00:41:53.280
we're focused on healing.

00:41:54.390 --> 00:41:56.790
The goal here is sacred justice,

00:41:56.790 --> 00:42:00.030
it's what Judge Petoskey
calls sacred justice.

00:42:00.030 --> 00:42:01.500
These people are gonna have to

00:42:01.500 --> 00:42:04.710
interact within the community,
not just for years to come,

00:42:04.710 --> 00:42:07.200
but their families, for
generations to come.

00:42:07.200 --> 00:42:10.590
And if you allow them to come to court

00:42:10.590 --> 00:42:13.680
and leave with this
huge rift between them,

00:42:14.550 --> 00:42:17.460
it's a disservice to
the community at large.

00:42:17.460 --> 00:42:19.020
- I think one of the major differences

00:42:19.020 --> 00:42:21.270
between tribal courts and state courts

00:42:21.270 --> 00:42:25.980
is that tribal communities
are small, they're close-knit,

00:42:25.980 --> 00:42:30.090
so we don't leave and not
know who the clients are

00:42:30.090 --> 00:42:32.140
that are coming through the court system.

00:42:33.090 --> 00:42:35.910
(water lapping gently)

00:42:35.910 --> 00:42:37.350
- [Interviewee] The adversarial model

00:42:37.350 --> 00:42:39.750
in destroying those kind of relationships,

00:42:39.750 --> 00:42:44.220
really sends reverberations
throughout the community.

00:42:45.480 --> 00:42:49.500
- Disproportionately, students
across the United States,

00:42:49.500 --> 00:42:53.250
students of color, poor
students, and disabled students,

00:42:53.250 --> 00:42:56.100
are disciplined at a higher rate.

00:42:56.100 --> 00:42:58.920
And what we also know is that very often,

00:42:58.920 --> 00:43:01.650
when a student is suspended from school,

00:43:01.650 --> 00:43:03.450
that sort of leads them down a path

00:43:03.450 --> 00:43:05.700
where they touch the
criminal justice system.

00:43:06.720 --> 00:43:08.730
- And we also seen that

00:43:08.730 --> 00:43:11.580
our young people got into
court system and never got out.

00:43:12.610 --> 00:43:14.850
You know, we seen where young people,

00:43:14.850 --> 00:43:18.930
where they're maybe teenagers
or even, you know, younger,

00:43:18.930 --> 00:43:21.720
get into the court system
and stay in the court system

00:43:21.720 --> 00:43:22.980
even into adulthood.

00:43:22.980 --> 00:43:26.250
And so, we wanted to change that.

00:43:27.240 --> 00:43:31.440
- We, for some reason, have
become a very punitive society,

00:43:31.440 --> 00:43:34.200
we wanna punish people for everything,

00:43:34.200 --> 00:43:38.280
and the age range for that
is getting lower and lower.

00:43:38.280 --> 00:43:42.390
Our ability to become empathetic

00:43:42.390 --> 00:43:44.340
has a lot to do with understanding

00:43:44.340 --> 00:43:47.910
how my behavior impacted another person.

00:43:47.910 --> 00:43:51.750
So if we take that away from children,

00:43:51.750 --> 00:43:53.580
why are we surprised

00:43:53.580 --> 00:43:58.440
that they fall into this path of behavior

00:43:58.440 --> 00:44:00.790
that leads them to the
criminal justice system?

00:44:01.740 --> 00:44:04.110
- Giving people who might have

00:44:04.110 --> 00:44:06.030
violated the community standards,

00:44:06.030 --> 00:44:09.060
an opportunity to make amends,

00:44:09.060 --> 00:44:11.160
and to be forgiven,

00:44:12.390 --> 00:44:17.390
and to be part of the
justice system resolution

00:44:18.270 --> 00:44:21.510
in that regard, is far superior.

00:44:21.510 --> 00:44:24.240
- When the Grand Traverse Band
first implemented peacemaking

00:44:24.240 --> 00:44:25.410
into their court system,

00:44:25.410 --> 00:44:30.410
it began with juvenile cases
and first-time offenders,

00:44:30.750 --> 00:44:33.750
but as peacemaking expanded,

00:44:33.750 --> 00:44:35.790
it went into other areas

00:44:35.790 --> 00:44:40.380
that included child
support, child custody.

00:44:40.380 --> 00:44:45.380
For adults, it could be
evictions, housing issues,

00:44:46.170 --> 00:44:49.980
or even interdepartmental issues

00:44:49.980 --> 00:44:52.470
between staff and employees.

00:44:53.580 --> 00:44:57.150
- Like for youth, there's a
lot of times, there's truancy.

00:44:57.150 --> 00:44:59.350
So part of it is when they come,

00:44:59.350 --> 00:45:01.470
is to find out, why are they truant?

00:45:02.400 --> 00:45:03.330
You know, what part...

00:45:03.330 --> 00:45:06.660
Is the parent playing
the role as a parent?

00:45:06.660 --> 00:45:09.210
And why aren't they getting to school?

00:45:09.210 --> 00:45:11.970
And how can we help them understand

00:45:11.970 --> 00:45:16.740
how to change their behavior?

00:45:16.740 --> 00:45:19.200
- One of the first cases that I remember

00:45:19.200 --> 00:45:22.620
was two young people

00:45:22.620 --> 00:45:26.850
that went back onto
someone else's property

00:45:26.850 --> 00:45:30.720
and vandalized one of
their outdoor buildings.

00:45:30.720 --> 00:45:32.790
The two young people that came in

00:45:32.790 --> 00:45:35.280
had to talk about what had happened.

00:45:35.280 --> 00:45:37.020
The other component of peacemaking

00:45:37.020 --> 00:45:39.330
is that they have to be
able to take responsibility

00:45:39.330 --> 00:45:41.100
for what they did.

00:45:41.100 --> 00:45:44.070
And so, the outcome in the case,

00:45:44.070 --> 00:45:46.620
they actually went over and helped fix it.

00:45:46.620 --> 00:45:49.080
- Peacemaking creates a safe environment

00:45:49.080 --> 00:45:52.680
for people to say things that...

00:45:52.680 --> 00:45:53.940
To be vulnerable,

00:45:54.900 --> 00:45:57.990
and it's difficult to be
vulnerable in a courtroom.

00:45:59.010 --> 00:46:01.650
- [JoAnne] Peacemaking
is now being utilized

00:46:01.650 --> 00:46:03.180
in state courts.

00:46:03.180 --> 00:46:05.630
- That's really refreshing
to see that, you know,

00:46:06.600 --> 00:46:11.490
some of our native values
are leaking into that system.

00:46:11.490 --> 00:46:13.470
- There's a lot of hope in peacemaking

00:46:13.470 --> 00:46:14.400
and people are seeing that.

00:46:14.400 --> 00:46:15.810
I do think that's why it's spreading,

00:46:15.810 --> 00:46:18.240
is because people are understanding
that there's hope there,

00:46:18.240 --> 00:46:21.040
that there isn't in the regular
criminal justice system.

00:46:28.680 --> 00:46:29.700
- I am a state court judge,

00:46:29.700 --> 00:46:33.780
I've have been a state
court judge since 1991

00:46:33.780 --> 00:46:36.360
here in Ann Arbor, Michigan.

00:46:37.710 --> 00:46:41.970
And I was a civil litigator,
so I was a trial lawyer.

00:46:41.970 --> 00:46:44.040
I was a lawyer who came to the bench

00:46:44.040 --> 00:46:47.760
as one who embraced and benefited

00:46:47.760 --> 00:46:51.180
from a strictly adversarial system

00:46:51.180 --> 00:46:53.610
that translated conflict into money.

00:46:55.260 --> 00:46:57.640
But the peacemaking court has been

00:46:59.820 --> 00:47:04.820
the product of really,
the generosity and sharing

00:47:07.830 --> 00:47:12.830
of a wiser view, and
worldview towards conflict.

00:47:14.280 --> 00:47:16.800
- We didn't know what peacemaking
was until this judge says,

00:47:16.800 --> 00:47:17.850
"Let's give this a try."

00:47:17.850 --> 00:47:22.140
So I really give hats off,
applaud him, for doing that.

00:47:22.140 --> 00:47:23.700
But he lays out these two paths,

00:47:23.700 --> 00:47:27.270
we can go the traditional
route of litigation

00:47:27.270 --> 00:47:29.670
and I'll do the job that judges do,

00:47:29.670 --> 00:47:33.150
or we can try this approach,
this alternative approach

00:47:33.150 --> 00:47:35.850
that gives you the power
to reach conclusions

00:47:35.850 --> 00:47:38.190
that will work for you and your family.

00:47:38.190 --> 00:47:41.100
- What happens at
peacemaking is confidential

00:47:41.100 --> 00:47:42.630
and they talk about that,

00:47:42.630 --> 00:47:46.050
because it's hard for
people to say certain things

00:47:46.050 --> 00:47:48.210
if they think it's gonna
be used against them.

00:47:48.210 --> 00:47:51.930
- For peacemaking, another big attribute

00:47:51.930 --> 00:47:55.200
that we're looking for
are the parties willing

00:47:55.200 --> 00:47:58.200
to take responsibility and
ownership for the behavior

00:47:58.200 --> 00:48:03.200
that they've had in their
contribution to the dispute?

00:48:03.450 --> 00:48:05.400
Is there a sense of remorse?

00:48:05.400 --> 00:48:07.290
Do they really wanna work it out?

00:48:08.400 --> 00:48:09.930
- And it's much different

00:48:09.930 --> 00:48:14.930
than normal mediation
procedures are, for instance.

00:48:14.940 --> 00:48:17.520
You have to face your opponent,

00:48:18.390 --> 00:48:20.820
you don't get to go into closed rooms

00:48:20.820 --> 00:48:22.170
and talk to a lawyer and say

00:48:22.170 --> 00:48:24.840
"You can tell 'em this, but
you can't tell 'em that."

00:48:24.840 --> 00:48:27.480
Everything you say, your opponent hears.

00:48:27.480 --> 00:48:28.890
And the other thing that was interesting

00:48:28.890 --> 00:48:31.950
was that they had a system

00:48:31.950 --> 00:48:35.280
which I think we should have in courts,

00:48:35.280 --> 00:48:39.210
which is that if you don't
have the speaking tool,

00:48:39.210 --> 00:48:44.100
whatever that might be
chosen to be, you can't talk.

00:48:44.100 --> 00:48:47.190
- We have no tables, we want no barriers,

00:48:47.190 --> 00:48:50.280
it creates a little
vulnerability for everyone,

00:48:50.280 --> 00:48:52.770
but that's important
to the process as well.

00:48:52.770 --> 00:48:55.950
- And when we talk about something then,

00:48:55.950 --> 00:48:58.860
we talk about it to learn from each other,

00:48:58.860 --> 00:49:01.650
to listen and to understand,

00:49:01.650 --> 00:49:06.340
as opposed to the time where
now, I am on the offensive

00:49:07.350 --> 00:49:11.430
to have my view dominate.

00:49:11.430 --> 00:49:13.740
- The facilitator comes in and
we're all sitting in a circle

00:49:13.740 --> 00:49:16.170
and we begin by asking, you know,

00:49:16.170 --> 00:49:19.020
what values do we want to bring?

00:49:19.020 --> 00:49:22.650
And we all write just on a piece of paper,

00:49:22.650 --> 00:49:26.880
what value it is we want
to bring to the circle.

00:49:27.960 --> 00:49:32.820
And so, then we each go around
and say what our value is.

00:49:32.820 --> 00:49:37.820
Often, it'll be things
like love or empathy,

00:49:38.010 --> 00:49:40.650
wisdom or humility,

00:49:40.650 --> 00:49:44.340
and explain why that value is
important to that individual.

00:49:44.340 --> 00:49:48.120
And then that is placed in
the center of the circle

00:49:48.120 --> 00:49:50.940
and then the peacemaking begins.

00:49:50.940 --> 00:49:53.160
So the facilitator will start by saying,

00:49:54.020 --> 00:49:56.460
"What are we here today for?"

00:49:56.460 --> 00:49:58.110
And then each person will go around

00:49:58.110 --> 00:50:02.460
and say what their
perception is of the problem.

00:50:02.460 --> 00:50:06.360
Why are we here today
and what is the solution?

00:50:06.360 --> 00:50:09.150
And then each person will
say what the solution is,

00:50:09.150 --> 00:50:11.070
and then the negotiation starts.

00:50:11.070 --> 00:50:15.540
From there, each person can
talk for as long as they need to

00:50:15.540 --> 00:50:17.490
about how they were affected,

00:50:17.490 --> 00:50:20.640
about what a agreeable solution will be.

00:50:20.640 --> 00:50:25.410
The goal is to come to a
consensus among the participants.

00:50:25.410 --> 00:50:28.470
- But one particular case
that stands out for us

00:50:28.470 --> 00:50:33.470
is a case where a large
family became homeless,

00:50:35.100 --> 00:50:40.100
and due to a long list of
issues related to poverty,

00:50:40.560 --> 00:50:42.750
the children went into care,

00:50:42.750 --> 00:50:45.240
which means they went into
the foster care system.

00:50:45.240 --> 00:50:50.240
And we used peacemaking
for about 15, 16 months

00:50:50.250 --> 00:50:54.060
to work with the family and
all of the system's players,

00:50:54.060 --> 00:50:55.860
the case workers, the attorneys,

00:50:55.860 --> 00:50:59.790
and a number of professionals,
to really help that family

00:50:59.790 --> 00:51:03.600
get to a place of having housing

00:51:03.600 --> 00:51:07.380
and putting that family
back together again.

00:51:07.380 --> 00:51:09.510
And what was really
special about that case

00:51:09.510 --> 00:51:12.150
is the empowerment and
the community support

00:51:12.150 --> 00:51:15.180
that this circle gave to the parents.

00:51:15.180 --> 00:51:20.180
When I look at the data of
resolution, it's high nineties,

00:51:20.850 --> 00:51:25.170
and most important, the
compliance to those agreements

00:51:25.170 --> 00:51:26.040
are high nineties.

00:51:26.040 --> 00:51:29.910
People who can craft their own solutions

00:51:29.910 --> 00:51:34.500
are more likely to do it,
and they do it with pride.

00:51:34.500 --> 00:51:36.930
- Conflict come out of our inability

00:51:36.930 --> 00:51:40.860
to sort of go to our
higher aspirational selves.

00:51:40.860 --> 00:51:42.750
And the law, a courtroom really should be

00:51:42.750 --> 00:51:44.430
those aspirational goals,

00:51:44.430 --> 00:51:47.310
what Lincoln said in
his inaugural address,

00:51:47.310 --> 00:51:49.350
we should go to our higher angels.

00:51:52.070 --> 00:51:54.990
(melodious music)

00:51:58.110 --> 00:52:00.780
- And tribes and communities
have always been subject

00:52:00.780 --> 00:52:04.290
to the law from the very
beginning through treaty rights,

00:52:04.290 --> 00:52:09.290
through the various laws that
allowed us to become citizens,

00:52:10.440 --> 00:52:15.440
that allowed us to practice
our traditions and culture.

00:52:15.540 --> 00:52:20.190
But at the same time, we
also were prohibited from it,

00:52:20.190 --> 00:52:24.260
so it seemed that the
law was very relevant

00:52:24.260 --> 00:52:26.550
to Indian people.

00:52:26.550 --> 00:52:28.560
- Every tribal leader I've met,

00:52:28.560 --> 00:52:30.630
people who work in tribal government,

00:52:30.630 --> 00:52:33.870
desperately want to be
represented and to be counseled

00:52:33.870 --> 00:52:35.280
by Indian lawyers.

00:52:35.280 --> 00:52:38.220
- The more Indian people
who work in Indian country,

00:52:38.220 --> 00:52:41.220
but then can cross over
into that western world

00:52:41.220 --> 00:52:44.460
and advocate for Indian country
from a place that comes,

00:52:44.460 --> 00:52:46.770
you know, from here rather than here,

00:52:51.150 --> 00:52:51.980
or both,

00:52:52.860 --> 00:52:55.770
I think we'll see many,
many more successes.

00:52:55.770 --> 00:52:57.360
- This is what ultimately,

00:52:57.360 --> 00:52:59.370
these warrior lawyers can be about,

00:52:59.370 --> 00:53:02.400
is restoring self-confidence,

00:53:02.400 --> 00:53:07.020
restoring ways in which people
are not only assimilating

00:53:07.020 --> 00:53:10.140
but asserting themselves as leaders

00:53:10.140 --> 00:53:12.480
and upholding their own traditions,

00:53:12.480 --> 00:53:15.030
upholding their language,
upholding their culture,

00:53:15.030 --> 00:53:16.800
upholding their religions,

00:53:16.800 --> 00:53:21.540
in such a way that they
become fulfilled human beings.

00:53:21.540 --> 00:53:23.970
- There's still a lot of
healing that needs to take place

00:53:23.970 --> 00:53:25.290
with our people.

00:53:25.290 --> 00:53:27.930
That's what makes me
passionate. The history.

00:53:27.930 --> 00:53:30.750
When I think about my
grandmother and grandfather,

00:53:32.250 --> 00:53:34.870
they weren't even American
citizens when they were born.

00:53:34.870 --> 00:53:37.230
- What ICWA really is,

00:53:37.230 --> 00:53:41.140
is the Gold Standard for
child welfare law, period.

00:53:43.020 --> 00:53:45.780
It's what all of our children deserve.

00:53:45.780 --> 00:53:47.350
- The idea of the Gold Standard

00:53:48.750 --> 00:53:53.100
really goes to the heart of
the worldview of peacemaking

00:53:53.100 --> 00:53:54.990
and the Native worldview,

00:53:54.990 --> 00:53:58.530
and the idea that we are all connected.

00:53:58.530 --> 00:54:02.610
- I hope that more state judges

00:54:02.610 --> 00:54:04.440
become open to the ideal of this,

00:54:04.440 --> 00:54:07.230
at least to give it a
chance, to explore it.

00:54:07.230 --> 00:54:08.070
- In our language,

00:54:08.070 --> 00:54:09.610
there's a word, (speaking
foreign language),

00:54:10.650 --> 00:54:14.340
and it means we learn through observation.

00:54:14.340 --> 00:54:17.340
If we can see someone living
a good life in our community,

00:54:17.340 --> 00:54:20.010
we'll wanna live that way also.

00:54:20.010 --> 00:54:24.450
- Quite often, the Native
people, we'll talk about

00:54:24.450 --> 00:54:28.260
preparing for the seventh
generation to come.

00:54:28.260 --> 00:54:30.030
You know, like the work
that we're doing today

00:54:30.030 --> 00:54:33.570
is based upon the work
that our ancestors did

00:54:33.570 --> 00:54:35.700
to put us where we are today.

00:54:35.700 --> 00:54:40.700
And I'll tell you, as a Native
person, I am very excited.

00:54:42.630 --> 00:54:46.710
I wish I could look back 50 years from now

00:54:46.710 --> 00:54:48.510
or 60 years from now,

00:54:48.510 --> 00:54:53.510
and see what each of the tribal
communities might look like,

00:54:54.360 --> 00:54:58.200
given we're in an era
of self-determination

00:54:58.200 --> 00:55:00.600
and able to make some decisions

00:55:00.600 --> 00:55:03.570
about our destiny for ourselves,

00:55:03.570 --> 00:55:08.570
and given that some of us
have the economic power

00:55:08.760 --> 00:55:12.030
through successful economic enterprises

00:55:12.030 --> 00:55:16.890
to carry out those plans
and to implement them.

00:55:18.120 --> 00:55:20.460
- We're a proud people,

00:55:20.460 --> 00:55:24.150
and we're determined
not to be extinguished,

00:55:24.150 --> 00:55:27.330
and we're determined to be a good example,

00:55:27.330 --> 00:55:30.690
and to grow here within our nation,

00:55:30.690 --> 00:55:34.050
and not be just a part of history.

00:55:37.710 --> 00:55:39.750
- [Announcer] This
program was made possible

00:55:39.750 --> 00:55:41.460
by the generous support of

00:55:41.460 --> 00:55:44.980
The First Presbyterian Church
of Birmingham, Michigan,

00:55:44.980 --> 00:55:47.550
Dentons US LLP Law Firm,

00:55:47.550 --> 00:55:49.170
The Rush Group,

00:55:49.170 --> 00:55:51.690
7th Legacy LLC,

00:55:51.690 --> 00:55:53.130
Michigan Humanities,

00:55:53.130 --> 00:55:56.580
an affiliate of the National
Endowment for the Humanities,

00:55:56.580 --> 00:55:58.590
as well as the following funders.

00:56:00.240 --> 00:56:03.740
(rhythmic Native singing)

00:56:12.090 --> 00:56:17.090
♪ We will sing until the sun goes down ♪

00:56:21.680 --> 00:56:26.680
♪ We will come until the stars are out ♪

00:56:28.390 --> 00:56:33.390
♪ We will see the full moon
rising up high in the sky ♪

00:56:36.990 --> 00:56:40.990
♪ As we sing and pray all night ♪