Federally recognized American Indian tribes are sovereign entities with the right to self-government. As sovereigns, they are responsible for economic development, financial solvency and the general welfare of their members. Importantly, tribes also have sovereign immunity, which makes it difficult to sue a tribe or a tribal entity, such as a casino, in state or federal court.
Sovereign Immunity
The Indian Reorganization Act of 1934 (IRA) provided American Indian tribes with the ability to establish an organized form of government and the authority to charter organizations for economic activity. If a tribe charters a tribal corporation under the IRA, the tribe and the corporation are immune from civil lawsuits unless they specifically waive their immunity.
Some American Indian tribes have created casinos on their reservations as tribal corporations. Accordingly, if someone is injured at the casino or by the tribal corporation's action, the tribe or corporation cannot be sued in state or federal court unless the tribe agrees to it. Therefore, most lawsuits against a tribe or tribe entity like a casino may only be pursued in tribal court.
Unique Tribal Court Rules
As self-governing entities, many American Indian tribes have established tribal courts to carry out important legal functions. All tribal courts have different rules and procedures, and they can vary greatly from state and federal court.
For example, in some Arizona tribal courts, only a limited number of attorneys may be admitted to appear. In some tribal courts, attorneys must be recommended by a tribal corporation or bar association before they may advocate for their clients.
Some tribal courts do not allow attorneys at all, so a person seeking to make a claim must do so alone. In addition, a jury trial is not always guaranteed.
Representation by an attorney with experience in cases involving American Indian tribes in Arizona is invaluable when appearing in tribal court. A knowledgeable lawyer also can provide assistance for claims where attorneys are not allowed to appear by drafting documents and guiding clients through tribal court procedures and negotiations.
If you have been injured at a casino in a slip-and-fall accident, parking lot assault, or through some other manner, contact an experienced personal injury attorney with tribal court experience at Plattner Verderame, PC.
