Tribal Law Depends on the Tribe

Tribal law is a combination of written ordinances and regulations, plus oral tradition. Some of the more sophisticated tribes in western Washington, such as Tulalip, publish these ordinances on the Web. However, most tribes publish their ordinances in three-ring binders. The binders are often out-dated and incomplete.

Oral tradition is more difficult to obtain than written ordinances. In some courts, it may be possible to find an elder and get her certified as an expert in the oral tradition.

In most cases, the primary source of written law is the tribal constitution.
Most Tribes in western Washington are governed by what is called an “IRA Constitution.” (Indian Reorganization Act). These constitutions give the tribal council the right to establish courts and determine what kinds of disputes these courts are authorized to hear.

Most of these courts are only authorized to hear disputes arising out of activity governed by ordinances. Thus, if your claim falls outside the scope of an ordinance, the court is without authority to hear it, even if the state and federal courts are also without jurisdiction to hear it. In these situations, you may have a claim but no forum to hear it.

Other tribes, for example, Yakama, do not have a Constitution. In theory, this may mean that the Yakama courts are courts of general jurisdiction and may hear any cause of action arising within the territorial jurisdiction of the Tribe. In practice, it may mean that the Tribe was too dysfunctional to pass a constitution under the IRA in the 1930s and remains too dysfunctional to maintain an independent court system today.