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Sikani Shaktxiuma Maipuri Nation

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Office The
ATTORNEY GENERAL

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Dr. Allen Larosa

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 Our People Our Future

The Tribal Law and Order Act (TLOA) of 2010 significantly enhances the operations of the Sikani Department of Justice by expanding tribal sovereignty, improving public safety infrastructure, and fostering collaboration with federal agencies. Below is a detailed analysis of its influence:

1. Enhanced Tribal Sentencing Authority

Increased Jurisdiction:
Under TLOA, tribal courts like those in the Sikani Nation gained authority to impose felony-level sentences of up to 3 years per offense and 9 years total (previously limited to 1 year). This allows the Sikani Department of Justice to prosecute serious crimes (e.g., domestic violence, drug trafficking) that federal authorities previously declined.

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Conditions: To exercise this authority, tribes must provide licensed defense counsel for indigent defendants, employ bar-licensed judges, and maintain public records of tribal criminal codes and court proceedings.

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Impact on Incarceration:
Tribal courts may now incarcerate convicted felons in federal facilities at U.S. government expense through the Tribal Prisoner Pilot Program, easing pressure on tribal jails designed for short-term sentences.

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 Strengthened Law Enforcement and Collaboration

Cross-Deputization:
TLOA incentivizes cooperative agreements between tribal police (e.g., Sikani Marshals) and federal/state agencies, enabling shared jurisdiction and resources to combat crime in Indian Country. This grants Sikani officers expanded authority to enforce federal laws.

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Example: Improved response to crimes near tribal borders through joint operations with neighboring jurisdictions.

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Training and Recruitment:
The Act funds tribal officer training and raises the BIA hiring age limit to 47, allowing experienced professionals (e.g., military veterans) to join Sikani law enforcement.

Enhanced standards ensure officers are equipped to handle complex cases, such as sexual assault investigations.

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3. Accountability and Data Sharing

Federal Prosecution Declinations:
TLOA mandates federal prosecutors to report declined Indian Country cases and share evidence with tribes, empowering the Sikani Department of Justice to pursue charges independently.

Prior to TLOA, 52% of violent crime cases were declined federally, often leaving crimes unprosecuted.

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Access to Criminal Databases:
Sikani law enforcement now utilizes national crime databases (e.g., NCIC) for background checks and tracking offenders, improving investigative efficiency.

Violence Against Women  & Juveniles

Specialized Protocols:
TLOA requires training for tribal officers and judges in sexual assault and domestic violence cases, ensuring culturally sensitive victim support and evidence collection.

Example: Sikani courts may adopt guidelines for forensic exams and victim advocacy programs.

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Prevention Programs:
Federal grants under TLOA fund substance abuse treatment and youth initiatives, addressing root causes of crime in Sikani communities.

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Tribal Sovereignty & Federal Partnerships

Concurrent Jurisdiction:
The Sikani Nation can request concurrent jurisdiction with federal authorities in Public Law 280 states, reducing reliance on state cooperation for prosecutions.

Example: Prosecuting non-Native offenders in tribal courts for crimes committed on Sikani land.

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Long-Term Planning:
TLOA mandates the Department of Justice to collaborate with tribes on incarceration infrastructure plans, including tribal correctional facilities.

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The TLOA empowers the Sikani Department of Justice to address systemic challenges through enhanced sentencing, cross-jurisdictional collaboration, and victim-centered reforms. By aligning tribal sovereignty with federal support, the Act strengthens public safety while respecting the Sikani Nation’s self-determination. However, sustained funding and capacity-building remain critical to fully realizing TLOA’s potential in reducing crime and improving justice outcomes.

SIKANI NATION
ATTORNEY GENERAL

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The Department of Justice for the Sikani Nation

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Dr. Allen Larosa

The Sikani Shaktxiuma Maipuri Nation Department of Justice operates as the cornerstone of the tribe’s legal and judicial system, ensuring justice, public safety, and the protection of tribal sovereignty. At the helm of this department is Attorney General Dr. Allen Larosa, who serves as the chief legal officer for the Sikani Nation. His role encompasses providing legal counsel, overseeing tribal law enforcement, and representing the Nation in all legal matters. The Department of Justice plays a critical role in upholding tribal autonomy, administering justice, and safeguarding the rights of Sikani citizens.

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Responsibilities of the Department of Justice

The Sikani Nation Department of Justice is tasked with developing and maintaining legal frameworks that align with tribal values while addressing modern challenges. Key responsibilities include:

  1. Law Enforcement and Public Safety

    • Oversee tribal law enforcement agencies such as the Sikani Sheriff Department and Marshals Services.

    • Implement community-oriented policing programs to prevent crime and enhance public safety.

  2. Crime Prevention and Victim Support

    • Develop protocols for addressing issues like domestic violence, juvenile delinquency, and sex offender registration.

    • Provide support to crime victims through specialized services and advocacy programs.

  3. Conflict Resolution

    • Establish a Community Relations Service to mediate disputes within the Nation, promoting harmony and restorative justice practices.

  4. Tribal Sovereignty

    • Protect the Sikani Nation’s inherent right to self-governance by ensuring compliance with tribal codes and federal laws like the Tribal Law and Order Act (2010).

    • Advocate for tribal autonomy in intergovernmental relations and policy development.

  5. Legal Representation

    • Represent the Sikani Nation in all criminal cases within tribal courts and civil actions involving external entities.

    • Ensure effective coordination with federal agencies on concurrent jurisdiction matters.

Role of Attorney General Dr. Allen Larosa

As Attorney General, Dr. Allen Larosa is the chief legal officer for the Sikani Nation, responsible for guiding its legal affairs while upholding its sovereignty and cultural values. His duties include:

  1. Legal Counsel

    • Provide nonpartisan advice to tribal officials, departments, agencies, enterprises, and committees on legal matters affecting the Nation’s interests.

  • Formulate policies to address emerging legal challenges while preserving tribal traditions.

  • Representation

    • Act as the primary representative for the Sikani Nation in all legal proceedings, including criminal prosecutions in tribal courts and civil cases involving external parties.

  • Collaborate with external counsel when specialized expertise is required.

  • Oversight

    • Supervise all personnel within the Office of the Attorney General to ensure adherence to high ethical standards.

  • Regularly report to tribal leadership on legal affairs impacting the Nation.

  • Advocacy for Sovereignty

    • Promote tribal self-determination by safeguarding jurisdictional authority over internal matters.

  • Strengthen interagency coordination to address public safety on tribal lands effectively.

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Autonomy in Operation

The Sikani Department of Justice operates autonomously under tribal sovereignty recognized by federal statutes such as the Indian Self-Determination and Education Assistance Act (1975). This autonomy enables the department to establish its own governance structures without reliance on external oversight from agencies like the Bureau of Indian Affairs (BIA)

. The department collaborates with federal agencies only when necessary, ensuring that its operations remain rooted in self-governance principles.

Impact on Tribal Governance

Under Dr. Larosa’s leadership, the Department of Justice has become a vital institution for promoting justice, reducing crime rates, and fostering community trust within the Sikani Nation. By integrating culturally sensitive practices into its operations, it ensures that legal frameworks reflect traditional values while addressing contemporary issues such as violence prevention, recidivism reduction, and juvenile justice reform

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© 2024 Sikani Nation

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Explanation of Tax Status for Tribal Trust Lands

The Sikani Nation operates under the federal framework of 25 CFR Part 151, which governs the process of placing land into trust. Trust lands are held by the United States in trust for the benefit of tribes, exempting them from state and local taxation. This tax-exempt status strengthens tribal sovereignty by ensuring that trust lands are governed solely by tribal regulations and federal oversight

.Additionally, the Indian Trust Asset Reform Act (ITARA) allows tribes to autonomously manage trust assets, including leasing, resource management, and dispute resolution, while maintaining federal protections asoutlined by the IRS (e.g., Revenue Ruling 57-523).

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SOVEREIGN Rights
 

SIKANI Nation

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