Alaska State Attorney General Jahna Lindemuth speaks at the Alaska Native Law Conference Tuesday in Anchorage. Lindemuth outlined the state’s position on the traditional form of tribal justice known as banishment. (AP Photo/Rachel D’Oro)

Alaska State Attorney General Jahna Lindemuth speaks at the Alaska Native Law Conference Tuesday in Anchorage. Lindemuth outlined the state’s position on the traditional form of tribal justice known as banishment. (AP Photo/Rachel D’Oro)

Alaska AG outlines state position on tribal banishment

  • By RACHEL D’ORO
  • Tuesday, October 17, 2017 10:04pm
  • News

ANCHORAGE — Alaska’s top lawyer said Tuesday the traditional form of tribal justice known as banishment does not generally involve the state, but her office will step in if asked to do so or to address a state interest.

State Attorney General Jahna Lindemuth outlined the state’s position on tribal banishment Tuesday as the keynote speaker at the annual Alaska Native Law Conference.

Lindemuth said banishment cases generally are private civil actions that the state has no authority over. But she said that if asked, the state will investigate cases involving possible crimes or constitutional issues. Sometimes the state is asked to help enforce banishment orders, and sometimes the person being banished will complain that a tribe overstepped its authority.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

Every case has to be evaluated on its own, and sometimes tribal law enforcement officers may not present sufficient evidence for the state to pursue a criminal case, said Assistant Attorney General Cori Mills, the spokeswoman for the state Department of Law.

Protective orders, including those issued by a tribal court, must be enforced by law enforcement officers, according to a memo issued by the state Department of Law in late July.

Tribes are sovereign governments with specific powers, and the state deals with them just as it would other governments, Lindemuth said. In most instances, the state is not directly notified by any of the parties involved, but it may find out about cases through news reports.

Expelling people from Alaska Native villages occasionally occurs in rural villages. Two recent cases involved non-Natives who were accused of illegal alcohol importations or bootlegging. No criminal charges were filed in either of those cases.

“Banishment is a very extreme remedy even under tribal law — and it’s very much, I think, the community feeling that there’s no law enforcement in their community,” Lindemuth said. She noted many villages have no law enforcement presence, and people may feel banishment is the only option in some cases.

Lindemuth said her office also works behind the scenes with law enforcement and tribal partners. But she added there’s room for improvement, including the need to address underlying public safety issues, such as illegal importations of drugs and alcohol, while empowering communities at the same time.

For example, she noted the state’s new civil diversion agreement program, which allows tribes to have jurisdiction over low-level crimes, such as certain assaults, reckless endangerment and substance abuse offenses. So far, tribes in the villages of Anvik and Nulato have signed on, Lindemuth said.

She hopes to see more tribal entities participate in that program.

Alaska State Attorney General Jahna Lindemuth, right, speaks at the Alaska Native Law Conference Tuesday in Anchorage as Jana Turvey looks on. Lindemuth outlined the state’s position on the traditional form of tribal justice known as banishment. (AP Photo/Rachel D’Oro)

Alaska State Attorney General Jahna Lindemuth, right, speaks at the Alaska Native Law Conference Tuesday in Anchorage as Jana Turvey looks on. Lindemuth outlined the state’s position on the traditional form of tribal justice known as banishment. (AP Photo/Rachel D’Oro)

More in News

A map of areas proposed for annexation by the City of Soldotna. (Provided by City of Soldotna)
Soldotna adds annexation proposal to ballot

The proposed annexation is split across five small areas around the city.

Nets are extended from North Kenai Beach in Kenai, Alaska, during the first day of the Kenai River personal use dipnet fishery on Thursday, July 10, 2025. (Jake Dye/Peninsula Clarion)
‘A really good day’

Kenai River personal use sockeye salmon dipnet fishery opens.

The entrance to the Kenai Peninsula Borough building in Soldotna is seen here on June 1. (Photo by Brian Mazurek/Peninsula Clarion)
Borough assembly to consider ordinance to increase residential property tax exemption

If approved by voters in October, the ordinance would increase the tax exemption by $25,000.

Vice President Kelly Cooper speaks during a meeting of the Kenai Peninsula Borough Assembly in Soldotna, Alaska, on Tuesday, July 8, 2025. (Jake Dye/Peninsula Clarion)
Borough considers seasonal sales tax rate

Borough sales tax would be modified from a flat 3% to a seasonal model of 4% in summer months and 2% in winter months.

The Kasilof River is seen from the Kasilof River Recreation Area, July 30, 2019, in Kasilof, Alaska. (Photo by Erin Thompson/Peninsula Clarion)
King salmon fishing on Kasilof closes Thursday

If any king salmon is caught while fishing for other species, they may not be removed from the water and must be released immediately.

Un’a, a female sea otter pup who was admitted to the Alaska SeaLife Center in June 2025, plays with an enrichment toy at the center in Seward, Alaska. Photo courtesy of the Alaska SeaLife Center
SeaLife Center admits 2 seal pups, 1 orphaned otter

The three pups join the Alaska SeaLife Center’s ‘growing’ patient list.

James Wardlow demonstrates flilleting a salmon with an ulu during a smoked salmon demonstration, part of Fish Week 2023, on Wednesday, July 19, 2023, at the Kenai National Wildlife Refuge Visitor Center in Soldotna, Alaska. (Jake Dye/Peninsula Clarion)
Refuge to celebrate all things fish during weeklong event

Fish Week will take place July 16-19.

President Zen Kelly speaks during a meeting of the Kenai Peninsula Borough School District Board of Education in Soldotna, Alaska, on Monday, July 7, 2025. (Jake Dye/Peninsula Clarion)
School board finalizes budget with deep cuts to programming, classrooms

Multiple members of the board said they were frustrated by the state’s failure to fund education.

Most Read

You're browsing in private mode.
Please sign in or subscribe to continue reading articles in this mode.

Peninsula Clarion relies on subscription revenue to provide local content for our readers.

Subscribe

Already a subscriber? Please sign in