Suzanne's Mom's Blog

Photo: Ann Hermes/ Christian Science Monitor
Judge Abby Abinanti presides over the Yurok Tribal Court in Klamath, California.

There has been a movement lately to restore to tribal courts the adjudication of certain types of crimes committed by Native Americans. The idea is that the traditional ways of handling problems often work better than those imposed by an outside system.

Henry Gass writes about one such court at the Christian Science Monitor.

“The mouth of the Klamath River – the spiritual heart of Yurok country – can be hard to find.  … Ira Thompson is here for his court date anyway, having made the 30-minute drive south from Crescent City. He grew up here, and when he got in serious trouble for the first time – a third DUI and a possible four months in jail – he knew he needed to come home. …

“So he reached out to the Yurok Tribal Court. He reached out to Abby Abinanti. …

“As Mr. Thompson enters, the air tastes of musky angelica root (burned by a paralegal minutes earlier to cleanse the room of pain, anxiety, and other negative energy).

“Judge Abby, as everyone calls her, is not your average judge. She sits at a table across from Mr. Thompson wearing her typical court attire: gray jeans and a crimson turtleneck. …

“ ‘How are things going?’ she asks him.

“ ‘Staying home,’ he replies.

“Mr. Thompson is under house arrest and participating in the court’s wellness program, a treatment employing Yurok cultural immersion. That’s the deal the tribal court struck with the county instead of jail time. He’s been home carving earrings out of redwood, making elk horn purses, and selling them. ‘That sounds good,’ she says, bringing the hearing briskly to an end about five minutes after it started. …

“When Judge Abinanti joined the Yurok Tribal Court in 2007 it operated like a normal state court, albeit on a much smaller scale. When most Yuroks got into trouble with the law they went to local state courts, and they entered a system designed to be adversarial and punitive. Root causes often went ignored and unaddressed, and recidivism inevitably followed.

“Judge Abinanti has taken the court in a different direction: one more communal and rehabilitative. It’s a judicial path followed by other tribes around the country. Personal responsibility and renewal – two pillars of the once nearly extinct Yurok culture – now permeate the court’s functions.

“Incarceration has largely been replaced by supervised release combined with Yurok traditions such as dancing and wood carving. Lawyering up for family disputes and child custody battles has been replaced by mediation. Almost every case is resolved through mediation – victims and perpetrators talking with each other – even if it takes years. Tribal courts resemble the growing U.S. restorative justice movement, which emphasizes repairing the harm caused by criminal behavior and getting all stakeholders involved. Judge Abinanti says it just resembles the old Yurok values system.

“The Yurok were village people, she likes to say. Living in clusters of redwood cabins along the Klamath River, people in the communities were so interdependent that when villagers did something wrong, they couldn’t just be locked away. They had to face consequences, but also become responsible, productive community members again. That’s tribal justice.

“After what she calls ‘the invasion’ by European settlers, the Yurok way of life was lost. By helping revive those values and applying them to modern-day problems – addiction, domestic violence, foster care – the Yurok say she’s not only meting out justice, she’s helping revive the tribe itself. And some U.S. criminal justice reformers are now beginning to explore what lessons can be learned from tribal courts. …

“Any Yurok tribe member is eligible to have their case heard in the tribal court (except for felony cases, which go to state or federal court). Judge Abinanti has expanded the kinds of cases the tribal court hears. … She also negotiates with other judges for alternative sentences for Yuroks convicted in other jurisdictions. …

“To fully understand Judge Abinanti’s approach to justice requires going back to the mid-19th century. … Massacres, slavery, and disease reduced California’s native population to about 30,000 within 23 years of statehood. Some tribes lost 95 percent of their population. The Yurok Tribe says three-quarters of its population died in this period, and the tribe faded into obscurity. …

“Judge Abinanti says that the Yurok history of decimation creates a generational trauma, a mental framework that shapes a cycle of behavior among some tribal members. ‘Until they get that, they feel sort of caught up in something that they can’t control or stop because they don’t know what it is or where it came from,’ she says. ‘We have to take responsibility for acquiring those habits and we have to deal with it….

“ ‘It’s one thing to just stop behavior, but I think it helps to stop the behavior if you know why,’ she says. …

“Understanding the ‘why’ helped change the ballgame for Jon Riggs, who has Yurok, Chetco and Cherokee ancestry. Raised off the reservation in a drug-addicted family, he started drinking and doing drugs at a very young age. He was 18 when he was arrested for the first time. …

“When last year he came back to the Klamath for the Jump Dance – a dance that’s meant to renew the world – he ‘was able to connect with something that was much deeper than I had ever done before.’ In January, he became a wellness case manager for the tribal court.”

More here.