The Osage Nation Trial Court received a positive assessment by Hammons Law. Compiling the report were attorneys A. Diane Hammons, Stacy Leeds and Yvonne Tiger.
“The Court evaluation was conducted by three well-qualified Native attorneys with significant experience in court evaluation and management. They were inquisitive, informative, fair, accessible, and thorough,” said ON Supreme Court Chief Justice Meredith Drent. “The evaluation confirmed our need to improve court safety and security, transparency, confidentiality, and access.
“We appreciate the cooperation and support of our partners in the Executive and Legislative Branches, and we look forward to working with them to implement the evaluation recommendations.”
In the 57-page report that covered the period from May 23, 2017, through July 14, 2017, the assessment provided summaries on the court’s strengths, areas to improve upon, and services offered by the Nation’s court, which also serves as its Supreme Court. Interviews were conducted using the Trial Court Performance Standards.
“The Trial Court has operated for over 15 years, conducts several hundred cases a year, and is well experienced in conducting Court in a competent manner,” according to the report.
The assessment, requested by Principal Chief Geoffrey Standing Bear, focused on five areas: Access to Justice; Expedition and Timeliness; Equality, Fairness, and Integrity; Independence and Accountability; and Specific Findings and Needs of the Osage Nation Courts.
According to the report, the trial court is in need of a full-time bailiff dedicated to the court, currently, an ON Police Officer serves as bailiff when needed. The Codes for the Nation needs to be updated, specifically the Tribal Law and Order Act and Violence Against Women Act should be incorporated into the Codes.
“The Tribal Court is sophisticated and would have the ability to plan and implement provisions of the Violence Against Women Act and Tribal Law and Order Act,” according to the report.
According to the report, a summary of recommendations includes:
– Court’s website should be updated to include all information regarding the Court, including dockets and court forms;
– The Court should meet with the Nation’s representatives or stakeholders annually to discuss the Court’s objectives and inform citizens of new laws that affect tribal members and services provided to tribal members;
– Commit to annual meetings with law enforcement and other interested personnel to discuss the security of the Court and address concerns;
– The court should work with Osage Congress for legislation to incorporate and implement provisions of the VAWA and the Tribal Law and Order Act;
– The court should update Court Rules and Court Clerk Manuals, and the Court needs emergency procedures and emergency planning for the Court.
Interviewed for the assessment were members of the Executive branch, Judiciary, Congress, Indian Child Welfare, Members of the Bar, Law Enforcement and Court staff, according to the report. The ON Trial Court is located at 14th Street and Grandview on the Osage Campus in Pawhuska. It has one Chief Trial Court Judge, Marvin Stepson, and visiting associate judges.
Access to Justice
According to the report, the court is handicap accessible, spacious and easy to find on the ON Campus. It is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. Suggested improvement areas include providing additional rooms outside the courtroom for attorneys and their clients to discuss legal matters, the courtroom is small and cannot accommodate a large number of people and the entrance to the court could benefit from a hand railing for the physically challenged, according to the assessment.
Expedition and Timeliness
The court schedules regular dockets, cases are advanced in a timely manner, the judges confer with the attorneys and their clients to schedule available court dates, according to the assessment. Areas in need of improvement are updated case management software, and a mechanism for posting court dates, dockets and dispositions on a court-maintained website.
Equality, Fairness, and Integrity
The judges conduct and process open cases with equality, fairness, and integrity, and give ample consideration to each party, according to the report. The court personnel are knowledgeable on all open cases, of the court, its rules, procedures, and laws of the Nation and demonstrate a high level of expertise, according to the report. Areas of improvement included the need for a full-time bailiff.
Independence and Accountability
The Osage Constitution names the Judicial Branch as a separate branch of government, the majority of interviewees perceive the court as independent, court staff only works for the court, the court has its own personnel policies and procedures, according to the report. One interviewee believed the court to not be separate from the Executive Branch because the court’s information is housed on the Executive Branch’s website and Social Media – rather than having a Court specific policy that considers additional confidentiality for Court matters, according to the report.
A video of the presentation of the Trial Court Assessment can be viewed at https://www.youtube.com/watch?v=rM0wAXMklPU&feature=youtu.be
[Disclaimer: Osage News Editor Shannon Shaw Duty was also interviewed for the Trial Court Assessment.]
By
Shannon Shaw Duty
Original Publish Date: 2018-04-06 00:00:00
