Justice Speaks Podcast #65

This episode of Justice Speaks continues its series of interviews with individuals who are impacting the Justice System.  In this episode, we interview Mr. David Rogers, who is the Training Director for the National Native Center of Excellence (NNCOE) about justice issues in tribal courts. This episode is sponsored by Reconnect.

David Rogers’ Journey to Tribal Courts and Public Safety

Mr. Rogers begins our interview by talking about pivotal junctures in his career. Expecting to become a rancher while still in high school, his trajectory veered towards public speaking and education when the superintendent of Nez Perce National Historical Park recruited him as a speaker. This, in turn, led to an offer from the United States State Department to speak about Native American culture in the United Kingdom for eighteen months.

He tells us that upon his return, while doing summer work at the park, an Idaho state police trooper convinced him to undertake a career in law enforcement. This decision led to a series of diverse law enforcement roles, including as a police chief for both local and tribal communities. This, in turn, led him to his current position as a speaker and educator about tribal public safety.

National Native Center of Excellence

Mr. Rogers discusses his tenure at NNCOE and how it developed pivotal programs like the National Indian Youth Justice Academy, addressing the imperative of early recruitment and preparation for Native American youth, and the Basic Tribal Probation Academy, a first-of-its-kind program educating tribal probation officers with essential supervision skills, including addressing addiction and mental health challenges.

During our interview, he discloses that he is preparing to embark on a new chapter by joining Justice and Security Strategies Inc. (JSS). He tells us that the new company will strengthen tribal public safety initiatives, seamlessly integrating past accomplishments with exciting new endeavors.

History and the Law for Tribal Sovereignty 

Next, Mr. Rogers tells us about the historical and legal underpinnings of tribal sovereignty, explaining the dynamics that shaped tribal justice. He explains that prior to the federal enactment in 1953 of Public Law 280, which granted certain states criminal and civil jurisdiction over tribal reservations, tribal autonomy prevailed, epitomized by landmark cases like Ex parte Crow Dog, 109 U.S. 556 (1883). However, federal interventions, typified by the Major Crimes Act, tempered tribal jurisdiction over major offenses, channeling them into federal purview.

Mr. Rogers then discusses the ramifications of the decision in McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), which caused a paradigm shift in tribal jurisdictional boundaries and legal precedents. We review the impact of McGirt, which held that the state of Oklahoma had no jurisdiction over tribal lands, causing an increase in the dockets for both federal and tribal courts.

Exploring the evolution of tribal courts, Mr. Rogers traces the history of tribal courts and how they have embraced restorative justice paradigms, rooted in indigenous traditions of healing and rehabilitation. He conveys the transformative potential of restorative justice within tribal courts and the broader implications for the criminal justice systems within the United States.

Wrap Up

In conclusion, Mr. David Rogers tells us about the problems facing tribal justice systems, including the lack of personnel and resources, while emphasizing the tribal commitment to justice within Native communities.

We wish to thank Mr. Rogers for sharing his insights and experiences on Justice Speaks. We also wish to thank Reconnect for sponsoring this podcast episode.

Additional Resource

You can watch this interview by going to the Justice Speakers Institutes’ YouTube Channel or by clicking here.