Members of The University of Tulsa’s Native American Law Student Association were graciously invited to visit the Sac and Fox Tribal Court in Stroud, Oklahoma, last month and engage with leaders on specific obstacles and systemic issues facing the tribal justice system, as well as contemporary challenges.
Four College of Law students – Madison Perigo, Hannah McAnallen, Jacob Stark, and Randy Knight – joined Professor Alexandra Fay in meeting with Judge Gregory Bigler as well as Margaret Satterthwaite, the United Nations Special Rapporteur on the Independence of Judges and Lawyers and several tribal attorneys.
“The discussions were profoundly illuminating, bringing to life the issues we study in Federal Indian Law as tangible, real-world challenges faced by practitioners daily,” said Perigo. “Indian law hinges on decisions by the Supreme Court and Congress, which have either upheld tribal sovereignty or disregarded it in various ways since the beginning of the United States. Each time a decision is rendered or legislation is enacted, tribal justice systems must adapt to a constantly shifting legal landscape.”
Satterthwaite was in Oklahoma from New York to study tribal courts. Her focus includes identifying the barriers Indigenous Peoples face in maintaining, implementing, and protecting their justice systems, as well as the disproportionate challenges they encounter within state (i.e. national) legal systems. She will present her findings to the United Nations Human Rights Council.
“This conversation is so important, as it highlighted the most significant obstacle facing tribal justice systems today: the inherent fragility within the legal framework controlling Indian law. Nevertheless, the strength and resilience of tribes remain unwavering. They continue to overcome obstacles, protect their traditions, and work tirelessly to serve their people,” Perigo concluded.