SUBSTANCE ABUSE, CRIME AND RECIDIVISM ON THE SOUTHERN UTE INDIAN RESERVATION

Abstract

Native American tribes are considered dependent-sovereign nations within the United States of America. As such, tribes operate governments under independent constitutions and by-laws. Self-government in judicial matters has been severely eroded by the Federal Government over the course of time; however, tribes have reacquired the right to control their judicial functions, albeit with significant limitations. Proponents of Native American Tribal Courts argue that the courts serve as a legitimate venue to resolve issues by those most familiar with tribal laws and customs. Opponents question the legitimacy of these courts and their decisions based on the lack of judicial independence, legally trained judges, and an environment that is more traditional than formal in its proceedings.

This research project studied judicial administration in American Indian Country by evaluating the Southern Ute Tribe’s Tribal Court System. This research looked at Federal Indian Policy related to judicial rights of American Indians, crime and control in Indian Country, and the Government and Judiciary of the Southern Ute Tribe. A significant focus was dedicated to how the Tribal Court addresses charges related to substance abuse and the effectiveness of the court in reducing recidivism rates related to these charges by comparing and contrasting the traditional Tribal Court model and the Tribe’s TüüÇai (Wellness) Court – a diversionary court which resembles the Anglo-Drug Court model. The intent of the evaluation was to determine whether the Wellness Court, which incorporates tradition and historically based cultural attributes, reduced the rates of recidivism of offenders processed through the Tribal Court system for substance-related charges. The results of the research indicate that participation in the Southern Ute Tribal Wellness Court did not produce better outcomes than adjudication through the regular Tribal Court process.