what attorney in oregon handles american indian cases

by Claude Stark 10 min read

Portland, Oregon Tribal Law Attorneys

  • John Schultz Portland tribal law attorney at Ater Wynne with 44 years experience 222 SouthWest Columbia, Suite 1800, Portland, OR 97201
  • Lori Bauman Portland tribal law attorney at Ater Wynne with 38 years experience 222 SouthWest Columbia, Suite 1800, Portland, OR 97201
  • Ann Sherman Portland tribal law attorney at Preston Gates and Ellis with 34 years experience ...

Full Answer

What do Native American lawyers do?

Native American lawyers specialize in laws that govern Native American tribes. They can represent you if you want to work on or use reservation land, or change your tribe designation. They can also communicate with authority figures, file paperwork, and represent you in court or negotiations.

How many Native American attorneys are there?

There are only 2,640 Native Americans attorneys in the United States, comprising 0.2 percent of the more than 1.2 million attorneys in the United States.

What are tribal laws?

“Tribal law” is a kind of law that is passed by a tribal government and that applies on their land and to — in varying degrees — the persons on that land. Within the category of “tribal law” are many different tribes' laws: Navajo Nation law, Cherokee Nation law, Sault Tribe of Chippewa Indians law, etc.

How do I get Native American Benefits?

Applicants can apply for assistance at the nearest BIA operated or tribal social service provider. To obtain information on how to find a provider in your area, please contact the nearest BIA regional office.

What is Native American law?

Native American law is the collection of laws, administrative rules and other authorities that impact Native American populations and their relationship to the United States and state governments. Native American law defines the relationships between Native American tribes and other governments.

Can you sue a Native American individual?

Put simply, the rule is that Indian Tribes cannot be sued in any court unless the federal congress has passed, and the president has signed, legislation waiving the tribe's immunity or the tribe itself has waived its immunity.

Who enforces laws on Indian reservations?

There are about 574 federally recognized American Indian Tribes in the U.S., and the FBI has federal law enforcement responsibility on nearly 200 Indian reservations. This federal jurisdiction is shared concurrently with the Bureau of Indian Affairs, Office of Justice Services.

What powers do tribal courts have?

Jurisdiction. Tribes retain sovereign authority to establish and operate their own justice systems. The courts are empowered to resolve conflicts and disputes arising from within a tribe's jurisdiction, and to enforce tribal law. Tribal courts are courts of general jurisdiction with broad criminal jurisdiction.

Do tribes have to follow state laws?

This includes all land within an Indian reservation and all land outside a reservation that has been placed under federal superintendence and designated primarily for Indian use. As a general rule, state laws do not apply to Indians in Indian country. Instead, tribal and federal laws apply.

Who rules in a tribal government?

What Is Tribal Sovereignty? Tribal sovereignty means that tribes have the power to govern themselves. Each federally recognized tribe retains the rights of an independent sovereign nation apart from the local, state or federal government.

What laws protect natives?

A handful of federal laws recognize the critical importance of protecting Native cultural resources. Perhaps the most well known of such laws is the Native American Graves Protection and Repatriation Act (NAGPRA).

What did the Tribal Law and Order Act do?

The Tribal Law and Order Act of 2010 is a law, signed into effect by President Barack Obama, that expands the punitive abilities of tribal courts across the nation. The law allows tribal courts operating in Indian country to increase jail sentences handed down in criminal cases over Indian offenders.

Need help with a tribal law matter?

Tribal attorneys, those who specialize in legal matters related to Native American tribes, handle matters ranging from regulatory issues to criminal cases. Tribal attorneys may be admitted to multiple tribal courts, depending on their location. Federal courts resolve cases where the dispute is between the tribe and the federal government.

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Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Practice Area Definition

Native American law practice concerns government, litigation and business matters, including financings, with or on behalf of Native American tribes and tribal entities.

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