Tribal District Court
The Mashpee Wampanoag Tribal District Court is a court of general jurisdiction to hear and determine all civil and criminal matters arising within the jurisdiction of the Tribe as set forth in the Constitution and other applicable law, except where exclusive jurisdiction is given by the Constitution to some other court of tribunal. Tribal Courts are as varied as the Tribes themselves and range from traditional systems with little or no written rules or have a formalized, rule-based, adversary system. The Mashpee Wampanoag Tribal District Court has written Rules of Civil Procedure and is considered an adversary system. The Tribal District Court is able to hear a wide range of civil and criminal matters, as well as complaints for protective orders. The jurisdictional scheme for cases in Indian country is complex. Some cases involving conflicts or crimes may be considered in Tribal Court, Federal Court - possibly State Court depending on the circumstances. The Mashpee Wampanoag Tribal Court can use juries, prosecutors, and other individuals to assist in a case. Most Tribal members choose to represent themselves. The Judicial Ordinance states (Section 9 (a), “A party to an action shall have the right to be represented by an attorney at all hearings before the Tribal District Court or Supreme Court at his or her own expense, unless required by applicable law, policy or Mashpee Tribal Court rules for the Tribe to pay the expense”. The Judicial Ordinance states that if a Tribal member hires an attorney for a case to be heard in Tribal Court, that attorney would be required to join the Mashpee Wampanoag Tribal Bar to be able to address Tribal Court. The sentencing authority of the Tribal District Court relies on the Mashpee Wampanoag Laws, Customs, and Traditions, which may turn first to restorative justice or restitution as used in Peacemaking to assist in healing the victim and others who may be affected by the defendant’s deeds and behavior. It should be noted that sentencing authority has been limited by the US Congress, which permits a maximum of one-year imprisonment and/or a fine up to $5,000.00. Multiple sentences may be required to be served separately, increasing detention time. The Tribal Law and Order Act of 2010 would permit Tribal Court to deliver tougher penalties, once the Tribe adopts certain due-process protections.
