•  
  •  
 

Document Type

Article

Abstract

This Article, which marries theory and praxis, provides a focused literature review and concrete solutions for immediate implementation. It begins by exploring the existing scholarship pertaining to unmet legal needs and (in)access to justice in Indian country. It considers the overlapping yet distinct roles of licensed attorneys and lay advocates, prosecutors, and judges and how tribes have endeavored to draw the lines around these roles. After reviewing this background, the Article pivots and contributes a more nuanced perspective that concentrates on the legal system on the Pine Ridge Indian Reservation in particular. Rather than endorsing a single apparent answer to the shortage of individuals available to represent clients, this Article recommends implementing multiple solutions simultaneously. The authors draw on their lived experiences—as an Indigenous Oglala Lakota College (“OLC”) alumna now serving as the Tribal Law and History Assistant Professor and a non-Native attorney licensed to practice in the Oglala Sioux Tribal Court (“OST Court”)—to deliver a roadmap for reducing the justice gap in Pine Ridge. The roadmap includes (1) realizing the potential for the existing Tribal Law program at OLC to produce both more candidates for law school admission and more lay advocates ready to practice in OST Court upon graduation, in part by formalizing a burgeoning collaboration between OLC and OST Court to facilitate swearing-in ceremonies, and (2) developing a mentorship program to match licensed attorneys who wish to practice in OST Court with experienced OST Court attorneys in order to develop cultural competencies and more effectively serve their future clients, thereby shifting some of the work of preparing attorneys from the community to colleagues. The Article concludes that this two-pronged approach, which is culturally appropriate in its emphasis on relationships, can build and sustain capacity by expanding upon existing strengths and resources. The Article recognizes the urgency of the issue and supports immediate action.

DOI

https://www.doi.org/10.70657/SDLR.V71.I3.616

Download

Included in

Law Commons

Share

COinS