Protocol for Registering Tribal Court Protective Orders - El Dorado County Superior Court and Shingle Springs Band of Miwok Indians Tribal Court

Technology/Tribal-State icon Project Name: Protocol for Registering Tribal Court Protective Orders
Court: El Dorado County Superior Court and Shingle Springs Band of Miwok Indians Tribal Court
   Documents: Protocol for Registering Tribal Court Protective Orders With the El Dorado County Superior Court (Shingle Springs Tribal Court)
Native American Statistical Abstract: Violence and Victimization
2011 Invitation to Comment on Proposed Rule 5.386 of the California Rules of Court
   Links: “Improving State Court-Tribal Court Relations”
(article from CASA for Children publication)

Overview/Program Description:

In 2011, the El Dorado Superior Court, the Shingle Springs Band of Miwok Indians Tribal Court, and the El Dorado Sheriff’s Department, developed a joint protocol that enabled all tribal protective orders (DVPA and civil harassment) be entered into the California Restraining and Protective Orders System (CARPOS) through the California Law Enforcement Telecommunication System (CLETS) just as a state court order would be. Additionally, these orders are entered into the California Courts Protective Order Registry (CCPOR).

California’s Uniform Interstate Enforcement of Domestic Violence Protection Orders Act (Fam. Code, §§ 6400–6409) currently mandates full faith and credit for protective orders issued by tribal courts in accordance with the federal Violence Against Women Act (42 U.S.C. chapter 136, subchapter III.) Under these laws, a protective order issued by a tribal or sister-state court is entitled to full faith and credit and enforcement and does not need to be registered in California. In practice, despite the full faith and credit mandate, many law enforcement agencies and officers will not enforce a protective order unless it can be verified in CARPOS through CLETS. Unfortunately, very few tribal law enforcement agencies or courts currently have access to these systems to post their orders or review orders posted there by state agencies.

Due to the successful implementation of the El Dorado Superior Court and Shingle Springs Tribal Court project, the Judicial Council created rule 5.386 of the California Rules of Court, which requires state courts, on request by a tribal court, to adopt a written procedure or local rule permitting the fax or electronic filing of any tribal court protective order entitled under Family Code section 6404 to be registered.

Program Benefits/Savings:

Through CCPOR’s dedicated online database, not only can the Shingle Springs Tribal Court and the El Dorado Superior Court see each other’s protective orders, but so too can all the state courts and tribal courts that have elected to use the database. These courts that have access to CCPOR are better able to protect the public, particularly victims of domestic violence, and avoid issuing redundant or conflicting orders. Equally important is that law enforcement anywhere can verify the tribal protective order in CARPOS through CLETS, which greatly improves enforcement of the tribal protective order.

Other Courts Using Similar Programs:

The El Dorado Superior Court and Shingle Springs Tribal presiding judges learned about the problem at a Judicial Council State/Tribal Court forum meeting and they shared with one another the solution of adopting a protocol.

© 2017 Judicial Council of California