Plaintiff's
claim ... is an indictment of the Court of Indian Offenses on the Red
Lake Indian Reservation. It is a claim which charges that the Red
Lake Court of Indian Offenses denies the fundamental rights provided
under the [ICRA] to its own people more often and with greater fervor
than it protects them ... [and] charges that the Red Lake Court of
Offenses has established de facto
the denial of fundamental rights as the norm rather than the exception
in the administration of justice on the Reservation ....
The claim raises great concern in this court and should raise even greater concern in the court of
The claim raises great concern in this court and should raise even greater concern in the court of
__________
[82] (...continued)
fiscal year 1987 to fund tribal court systems. Tribal Court Systems and Indian Civil Rights Act: Hearing before the Senate Select Comm. on Indian Affairs, 100th Cong., 2d Sess. 40-41 (1988). The BIA distributes this money largely through contracts with tribes under Public La2 93-638, the Indian Self-Determination and Education Assistance Act (thus these funds are often referred to as "638 contract" monies). Under the Indian Self-Determination and Education Assistance Act, the Secretary of the Interior is authorized to rescind a contract with a tribe whenever the "Secretary determines that the tribal organization's performance under such contract or grant agreement involves ... the violation of the rights or endangerment of the health, safety or welfare of any persons ...." (emphasis added). 25 U.S.C. § 450m (1988).
[83] The Bureau has greater control over CFR courts than it does over tribal courts. Washington, D.C. Hearing, supra note 4, at 24.
