Tribal Court Criminal, Juvenile Delinquency, & Banishment
MILS staff may provide defensive representation for citizens of federally recognized tribes in tribal court in Criminal, Juvenile Delinquency, or Banishment Cases if 1) court appointed counsel is not available to them; or 2) because of the lack of attorneys available to take appointments, the chief judge or court administrator requests MILS provide services in that court.
MILS staff shall not 1) assist with criminal cases filed in state or federal court; or 2) provide assistance defending against charges of domestic violence, sexual abuse, or elder abuse.
If specific funding is available, MILS staff may provide the full range of services for crime victims pursuant to a federal Violence Against Women Act or Victim of Crime Act grant program or other domestic violence or crime victim assistance specific funding.
Since 2008, MILS has provided criminal defense representation in tribal courts and now provides this service in several of the tribal courts using DOJ BJA, LSC, and tribal contract funds. MILS represents criminal defendants facing loss of liberty in tribal courts. By assisting unrepresented defendants in criminal cases, MILS has helped develop tribal justice systems and tribal court judges believe that they can better serve justice when MILS represents defendants who would otherwise be unrepresented.