Tribal Sovereignty Upheld as Right to Counsel Does Not Extend to Tribal Courts

The Supreme Court found that misdemeanor domestic violence convictions in tribal courts can be considered predicate offenses under the Violence Against Woman Act, even when defendants are without counsel in earlier tribal convictions.

United States v. Bryant, 2016 BL 187309, U.S., No. 15-420, 6/13/16.

   In resolving a circuit split, the Supreme Court ruled that misdemeanor domestic violence convictions in tribal court can qualify as predicate offenses for the Violence Against Women Act (VAWA). The underlying question was whether these earlier convictions in tribal court, where counsel was not appointed, violated due process. The court found that these convictions complied with the Indian Civil Rights Act, thereby avoiding any due process claims under the Sixth Amendment, which does not extend to tribal court proceedings to maintain the court’s sovereignty.

   The “Indian Civil Rights Act, which governs criminal proceedings in tribal courts, requires appointed counsel only when a sentence of more than one year's imprisonment is imposed. [Defendant’s] tribal-court convictions, it is undisputed, were valid when entered.” Since the convictions were constitutional, they could count towards VAWA’s provisions regarding domestic violence on Indian reservations, which require any subsequent conviction after two previous convictions to be considered a felony.

http://www.bloomberglaw.com/public/document/United_States_v_Bryant_No_15420_2016_BL_187309_US_June_13_2016_Co.