STATE OF THE JUDICIARY BRANCH
Boozhoo, Aaniin, good morning, Chief Executive Benjamin, Speaker Boyd, District Representatives of the Band Assembly, Mille Lacs Band members, employees, and guests. It is a new year and a good day for all of us to come together for this occasion.
It is my duty and privilege to deliver the State of the Mille Lacs Band Judiciary Address. Our theme for this year is Change and Progress. As our judicial system constantly evolves, so does our judiciary. Today, I am here delivering the Judicial address as the Chief Justice of the Mille Lacs Band. Many of you know me, Rhonda Sam from DI. It is good to see everyone.
Sylvia Wise resigned earlier, mid-year 2023, from the Chief Justice role. Chi Miigwech, Sylvia, for your service to the Judicial Branch. We all appreciate your work and contributions. I was appointed to take on the role of the Associate Justice in March of 2022 but, with Sylvia’s resignation, the Chief Justice role became available. After careful consideration with the other two Associate Justices, we decided that I would take on this critical role, which I take very seriously. I appreciate the assistance and input of the other two Justices who make up the Court of Appeals. District II Associate Justice Brenda Moose and our newest member for District III, Associate Justice Bernida Humetewa. Please rise and be recognized. Miigwech. I look forward to working with the both of you in 2024 and beyond.
Another area of change is the absence of the District Court Judge. Richard Osburn, the former District Court Judge, moved in October 2023. He served the Band well while here for the three years of his six-year term. Miigwech Judge Osburn. Since there has been a three-months lapse, the court is thankful to depend on our three Special Magistrates, Tammy Swanson, BJ Jones, and Joe Plumer in helping the courts manage the docket.
Currently, the Chief Executive is vetting several candidates for the vacant District Court Judgeship. When that process is complete, the Chief Executive will send the prospective candidate to Band Assembly to start the confirmation and ratification process. We look forward to the day when the new District Court Judge begins their appointment to the judiciary.
HIGHLIGHTS OF THE COURT
Family Healing to Wellness Court
In addition to the judiciary changes, 2023 has brought about adjustments to the Noojimo’wiigamig Inaawanidiwag — Family Healing to Wellness Court. As you may recall, the Wellness Court is a 12- to 18-month program for parents of Band children who are the subject of a child protection matter in the Mille Lacs Band District Court and are having a difficult time staying substance free. It is a voluntary confidential program that uses a team of professionals to coordinate the services and resources needed to help the parent in their recovery journey so that they reunify with their children.
Noojimo’wiigamig Inaawanidiwag began accepting applications in October 2022, and had two participants by the first week of November. Since that time, the Wellness Team has learned a great deal in their first year as to what is working for the participants, the team, and the court.
As you may recall, the Court was awarded a five-year grant by the Bureau of Justice Assistance Agency. In the grant, there is funding available to send the team to training with the National Association of Drug Court Professionals and to the Tribal Healing to Wellness Court Enhancement Training, which was held by the Tribal Law & Policy Institute, also known as TLPI. Fortunately, TLPI is also the Training and Technical Assistance Providers, for Healing to Wellness Courts grant recipients. The Wellness team has had several conference calls or Zoom meetings with the technical assistance providers and was informed that our current phase arrangement is much like an adult criminal drug court, instead of a Family Healing to Wellness Court. The program design is sound and structured well; however, as of November, the Team realized that it had to enhance areas when they noticed shortcomings to fit the design of a Family Wellness Court. Therefore, the Wellness team recently had a workshop to address what was working, what was not, and what needs enhancement.
The four-phase design will still be required, such as drug testing, checking in daily, and attending status hearings within the Tobacco, Cedar, Sage, and Sweetgrass phases. Our intent is to add milestones that are determined by the participant in each phase, empowering the participant with ownership in their own healing. For example, the participant may determine in the Tobacco phase, they only want to concentrate on staying sober and nothing else. However, when they get to the Sage phase, they may want to work on obtaining their license or mend relationships with a family member. The participant will realize that they have a voice in their own healing journey and it is not just the team or the court telling them what they need to do. It becomes a true team approach similar to that of a wrap-around system. Eventually, when the team determines that the re-work is complete, the team will meet with the steering committee to present the overall outcome later in the year.
Another area that the team wants to enhance after attending the TLPI training is to infuse culture into each level of the phases for the participant. Each member of the team agrees and the team is working on a design on how to make this happen. Though the team introduces the seven values, smudges, and offers a prayer at every staffing, more needs to be offered for the participant. More to explore in 2024.
The team also learned at TLPI’s Enhancement training that the Band could ask for a waiver from the BJA grant in allowing violent offenders into the program so that the program would not have to turn these potential participants away, as they too, may need healing and want to reunify with their own children. This will be researched in 2024, and, if necessary, we may seek a change to the eligibility requirements within our own laws.
There is this statement that is known in the substance use program and in the Healing to Wellness Court, which is, “the team should not work harder than the participant.” Court Administrator Gilda Burr has mentioned that the team has a deep commitment for the participants who enter the Wellness Court. They work hard as a whole and are leading the charge for the program to be successful. Each team member comes from different disciplines and provides input to guide the participant in their wellness journey. The team has a better understanding how they interrelate with one another by removing the silos and communicating between the disciplines. They are guided by their profession but lead with their hearts from a humanistic viewpoint. They promote the healing of the participant by celebrating successes made by the participants, such as longterm sobriety, getting a job, reaching phase advancement, or addressing the need to change negative behavior by encouraging “pushes for improvements.” This team genuinely wants the participants to succeed. Could I ask the Family Healing to Wellness Team, if you are in the audience, please stand and be recognized. Miigwech. Thank you.
Though the team puts in a great deal of effort, it is the participants that are actually doing the hard work. Frequently, checking in with the case manager and social worker, attending sober support meetings, providing drug tests, working their case plan, appearing for court status hearings, and any other challenges put in front of them. It is those participants who put in the hard work. They are looking to enhance their life. In one year, we have had:
• 16 individuals interested or who have asked about the program.
• 11 individuals applied to the program.
• 7 accepted in to the program; however, one did not show for the acceptance hearing and another individual was discharged for non-engagement.
• Unfortunately, one participant is deceased and one has been terminated.
• Currently, we have three individuals at various phases, with two in Phase III and one in Phase I.
Noojimo’wiigamig Inaawanidiwag has learned much in the first year and will strive to continue their work in 2024. Any changes to the program will be reflected in the handbook and policy manual.
Court Rules
Over the last two years, our former Court Attorney, Jill Tompkins, diligently worked on the reorganization of the Chief Justice Orders, the Rules of the Appellate Court, and separating out the Judicial Code of Ethics and the Bar Rules. The Associate Justices and I will wait until such time as a new District Court Judge is in place and has had time to review the reorganizations for their input. Thereafter, I will present the changes to Band Assembly in the coming months.
Goal — Clerk Of Court Manual
A goal for the Court Administration in the 2024 and 2025 fiscal year is to overhaul the Clerk of Court Manual as it is outdated from 2009. Some processes have changed, and statutes have been amended; therefore, the clerk’s manual must also reflect those changes. The clerks should have a specific set of instructions for each particular case type. This is especially important in a multi-clerk office, where there may be overlapping duties. Our clerk’s manual has been updated based on immediate input, however, Court Administration will be doing an overhaul of the clerk’s manual to offer specific guidelines to make the clerk’s job easier and for the continuity of the recordkeeping. When our new District Court Judge is on-board, we will be able to establish updated or new procedures according to law and the court rules. The Court of Central Jurisdiction has a need to grow with the times. The new judge will step in at the right time to lead and assist with these developments.
Case Statistics
The Court of Central Jurisdiction continues to hear civil, criminal, family law, and Healing to Wellness Court cases, all totaling 1,098 cases filed in 2023. There has been little growth in court cases from one year to the next, which could be perceived as a blessing. The court closed 1,103 cases, which includes carry-over from past years. The total number of hearings held was 1,426 and 2,402 orders were issued by the court. These statistics indicate that the Court of Central Jurisdiction is continually busy and is serving the community.
In closing, I ask you all in 2024 to think about changes or progress you may want to make in your own life. I pray that you all find something dear to your heart that gives you the drive to fight for something that you truly care about, as the Wellness Team has done for the Noojimo’wiigamig Inaawanidiwag, and the participants or individuals making great strides in their own recovery and wellness journey. They have made a dedicated decision for change and evolution in their own lives. I applaud their efforts.
Miigwech
