FAIRBANKS — In some villages, tribal courts have banished offenders for bootlegging and domestic violence. In others, tribal courts are conducting searches of passengers on incoming flights to stop the flow of alcohol and other drugs.
In a three-day conference this week on tribal court development, speakers mentioned these and other enforcement steps as examples of how tribal court operations are taking shape in Alaska, including some steps that would not be permitted under state and federal laws.
Sgt. Jody Potts, a regional coordinator for village public safety officers, says every incident of domestic violence she has dealt with for the Tanana Chiefs Conference has been related to alcohol and other drugs.
"It's actually been 100 percent of my criminal cases have been drug and alcohol related," she told the 33rd Annual Alaska Tribal Court Development Conference, which brought together tribal advocates from across the state. "I would love to work my way out of a job and not have this issue, but I really see that alcohol and drugs are the fuel to the fire in domestic violence."
Dozens of tribal court judges attended the three-day event, as well as clerks and others from villages across Alaska, numerous lawyers and key state and federal officials.
On Thursday morning, the speakers included Gov. Bill Walker, state Supreme Court Chief Justice Craig Stowers, Sen. Lisa Murkowski, Attorney General Jahna Lindemuth, Sen. John Coghill, Health and Social Services Commissioner Valerie Davidson and Public Safety Commissioner Walt Monegan.
While the close vote in the Southwestern village of Emmonak this week on whether a village-owned liquor store should open reflects the reality that Alaskans are divided on alcohol questions, Potts was one of many speakers who said limiting booze in villages will lead to reduced crime and increased public safety.
"I really strongly believe that every bottle that we're able to stop from reaching the village is one less assault, one less victim, one less child having parents that are fighting, so they are able to sleep, go to school and have some peace."
She said VPSOs and the Alaska State Troopers have constitutional limits that don't allow for widespread search and seizure operations.
"State Troopers, VPSOs and municipal airport police are limited by our Constitution, so there are laws about search and seizure," she said.
A search requires consent or a search warrant signed by a state judge, based on solid information, she said.
"But tribes don't have to follow that same rule about consent or getting a search warrant," she said.
Some tribes issue tribal search warrants under their tribal authority, while four tribes in the region—Huslia, Northway, Venetie and Minto — have formed committees to respond, she said.
Those committees of tribal council members meet incoming planes as a group, search bags and confiscate banned substances, she said.
"When they met every plane for a month consistently and they are confiscating all kinds of drugs and alcohol, they said the village was at peace," she said of the results in one village.
"Again, I just really want our tribes to exercise their tribal authority in areas that they can and also work with our law enforcement officers and support their victims of domestic violence," she said.
Mike Williams of Akiak said the practice of searching people coming into the village for alcohol and drugs came about because "we got sick and tired of waiting for somebody else to take care of our problems."
"We started arresting the importers and adjudicating the bootleggers in the community and we just did it in our own way," he said.
In six months, the Kuskokwim River village confiscated 500 bottles of whiskey, "the tip of the importation that occurred," he said.
"When we started that, they challenged us that they had their rights," said Williams. He said that "our children and our women, they have their rights" and they are suffering because others are abusing alcohol and other drugs.
Williams said the village has kept confiscating booze and doing searches of homes and airplanes, using tribal search warrants. He said the opening of the Bethel liquor store has increased bootlegging and lowered prices.
He said he agreed with Jerry Isaac of Tanacross that this is a long-term battle, not one with a timetable.
"We have also banned three individuals from the community and they haven't shown up," Williams said. Until the tribe decides they can come back, they won't be allowed to return.
"We make sure that our public safety or police keep a lookout for them," said Williams.
He said that instead of putting violators in jail, the village has taken other steps, getting them counseling and sessions with elders, for instance.
"It seems to be working. The amount of crime went down in our small village because we are taking action," he said. "And you can do that too and it's your right to do that."
In Togiak, which is 67 miles west of Dillingham, the tribal court has banished two men in the last year as part of its efforts to keep alcohol and other drugs out of the community.
Helen Gregoiro, the tribal court clerk, said the council modeled its code on one adopted in Huslia, a Yukon River village.
The search warrants specify what the council is looking for. Three searches have taken place so far, she said, and various people have been brought before the tribal council.
"One of the things that we warned them about was banishment from the community or taking away their tribal membership," she said. "The talk around the community is that don't want to lose that tribal membership, that's important to them."
"We told them that the next time that their name comes up they're going to come before the council and the whole community and the community will decide what to do with them," she said.
Gregoprio said the tribal members are given a chance to find treatment before action is taken.
"The bottom line is for the safety and the best interests of our children," she said. "We're giving them a voice."
"We have dreams. We have a lot of needs in the community and one of them is to be able to help those people that are addicted that are saying they can't stop—they want to but they can't."
Columnist Dermot Cole lives in Fairbanks. The views expressed here are the writer's and are not necessarily endorsed by Alaska Dispatch News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)alaskadispatch.com. Send submissions shorter than 200 words to letters@alaskadispatch.com or click here to submit via any web browser.