Today, Vice Chairman Stevens gave testimony on AB104, that would allow for the inclusion of tribal judicial officers to be included in legislation that would provide a penalty if there is battery or a threat to an officer of the court in a tribal proceeding.
Below is the testimony that Vice-Chairman Stevens provided.
On behalf of the Oneida Nation, my name is Brandon Stevens and I am the Tribal Vice Chairman for the Nation. I am here today because the Oneida Nation supports Assembly Bill 104, which is the “Battery or threat to an officer of the court in a tribal proceeding and providing a penalty.”
The Oneida Nation has a judiciary that is established to better serve the needs of the Oneida people and expand the exercise of the Nation’s authority. The creation of the Judiciary was built upon the foundation that was laid by the Oneida Tribal Judicial System by granting the Trial Court and Court of Appeals expanded subject matter jurisdiction and further developing a process for peacemaking and mediation. A branch of the Court was also created to address matters affecting the Oneida people as it pertains to the family and children. This is the Oneida Family Court.
The Vision of the Oneida Judiciary is to administer a fair, objective, independent, timely and lawful judicial branch of the Oneida government. The Oneida Judiciary is guided by the wisdom of our heritage and traditions as well as the requirements of modern circumstances, laws and statutes.
2017 Wisconsin Act 352 amended Wis. Stat. §940.203 by changing the definition of a judge, prosecutor, and law enforcement officer, for purposes of the enhanced criminal penalty for intentionally causing bodily harm or threatening to cause bodily harm to the person or family member of any judge, prosecutor, or law enforcement officer, to include a tribal judge, tribal prosecutor, and tribal law enforcement officer.
Assembly Bill 104 proposes to further amend Wis. Stat. §940.203 so that a person who intentionally causes or threatens to cause bodily harm to the person or a family member of an “advocate” (an individual who is representing the interest of a child, the tribe, or another party in a tribal court proceeding) is guilty of a Class H felony if:
The person causing or threatening to cause the harm knows or should have known the person is an advocate or a member of the advocate’s family; and the act or threat is in response to an action taken by the advocate in his or her official capacity in a tribal court proceeding similar to the following types of cases: child welfare, mental health, guardianships, protective placements, family law, injunctions, and juvenile justice.
Assembly Bill 104 would provide enhanced criminal penalties that would seek to further protect the Oneida Judiciary’s guardians ad litem and lay advocates that are admitted to practice in the Judiciary.
The Oneida Judiciary has over 220 cases a year and over 2,300 total visitors per year to our facility. Implementation of the bill would ensure that our officers of the court are protected.
