Learning to Listen: Improving Law Enforcement in Indian Country through Collaboration and Consultation

From 2009 to 2017, U.S. Attorneys embraced legislation and policy that required them to be active partners and active listeners with tribes as they pursued justice in Indian Country. The work that accelerated from 2009 on remains unfinished, Indeed, some of the legislative changes intended to provide more sovereignty to tribal courts, and better protection for Native American women, have had little impact as many tribes struggle to establish and fund criminal justice systems that provide the required indigent defense protections and jury pools that include non-Indians. Additional work needs to be done in collecting data to assess whether the new approach is working. Department of Justice, Office of Inspector General Report issued in December 2017 noted that the Department had fallen short both in providing resources for Indian Country and in collecting data. After drops from 2011 to 2014, Indian Country declination rates had increased slightly, though not to the 2005-2009 levels. In some districts, follow-up on implementing and updating operational plans was inconsistent. Yet the process is one that U.S. Attorneys cannot and should not abandon.