Restrictions on Legal Assistance With Respect to Criminal Proceedings in Tribal Courts, 27341-27342 [2013-11070]
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Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Proposed Rules
VI. Important Notes
Information received in response to
this Notice of Rulemaking Workshops
and Request for Expressions of Interest
in Participation in the Rulemaking
Workshops may be published or
summarized by LSC without
acknowledgement of or permission from
you or your organization. Furthermore,
your responses may be releasable to the
public under the LSC’s adoption of the
Freedom of Information Act (FOIA), 42
U.S.C. 2996d, and the LSC FOIA
regulation, 45 CFR part 1619. LSC, at its
discretion, may request individual
commenters to elaborate on information
in their written comments.
Comments sent by any method other
than email to
PAIRULEMAKING@lsc.gov, or hard
copy to Mark Freedman, Senior
Assistant General Counsel, Legal
Services Corporation, 3333 K Street
NW., Washington, DC 20007, or
received after the end of the comment
period, may not be considered by LSC.
Dated: May 6, 2013.
Atitaya C. Rok,
Staff Attorney.
[FR Doc. 2013–11071 Filed 5–9–13; 8:45 am]
BILLING CODE 7050–01–P
LEGAL SERVICES CORPORATION
45 CFR Part 1614
Restrictions on Legal Assistance With
Respect to Criminal Proceedings in
Tribal Courts
Legal Services Corporation.
Request for information.
AGENCY:
ACTION:
The Legal Services
Corporation (LSC) is requesting public
comments on issues associated with
amending its regulations to align with
the statutory authority granted to LSC
under the Indian Arts and Crafts
Amendment Act of 2010 (the IACAA).
The IACAA amended the LSC Act to
provide authority for LSC funds to be
used by grantees to represent eligible
persons in any and all criminal
proceedings in tribal courts. Previously,
the LSC Act and related regulations
permitted representation only in
criminal matters involving
misdemeanors or lesser offenses in
tribal courts. The information received
as a result of this request will be
considered in rulemaking undertaken by
LSC.
DATES: Written comments must be
received by August 23, 2013.
ADDRESSES: Written comments must be
submitted by mail, fax, or email to
rmajette on DSK2TPTVN1PROD with PROPOSALS-1
SUMMARY:
VerDate Mar<15>2010
14:33 May 09, 2013
Jkt 229001
Atitaya Rok at the addresses listed in
the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT:
Atitaya Rok, Staff Attorney, Legal
Services Corporation, 3333 K St. NW.,
Washington, DC 20007; (202) 295–1500
(phone); 202–337–6831 (fax); or
lscrulemaking@lsc.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
A. New Statutory Authorities
The IACAA amended the LSC Act to
provide authority for LSC funds to be
used by grantees to represent eligible
persons in any and all criminal
proceedings in tribal courts. Previously,
the LSC Act and related regulations in
45 CFR part 1613 permitted
representation only in criminal matters
involving misdemeanors or lesser
offenses in tribal courts.
A subsection of the IACAA, known as
the Tribal Law and Order Act of 2010,
Public Law 111–211, tit. II, 124 Stat.
2261 (the TLOA), includes new
authorizations related to tribal court
criminal proceedings. The TLOA
increases the maximum jail sentence
that any tribal court may impose from
one to three years for any single offense.
Prior to the TLOA, crimes (felonies,
misdemeanors, or less serious offenses)
within tribal jurisdiction (those not
reserved to federal or state jurisdiction)
that could result in jail sentences of
more than one year upon successful
prosecution were often referred by tribes
to federal or state courts because of the
tribal courts’ inability to impose
lengthier sentences.
In order to use this new sentencing
authority, tribes must ‘‘opt in’’ and
implement affirmative preconditions
detailed in the TLOA, including, but not
limited to, ensuring that judges in tribal
courts have sufficient legal training to
preside over criminal proceedings;
affording the defendant the right to
effective assistance of counsel and, if a
defendant is indigent, providing the
defendant with a licensed defense
attorney at the tribe’s expense;
publishing the tribal government’s
criminal laws and rules of evidence and
criminal procedure; and creating a
system that maintains records of
criminal proceedings. Public Law 111–
211, tit. II, 124 Stat. at 2280.
In addition to the IACAA and TLOA,
the Violence Against Women
Reauthorization Act of 2013, Public Law
113–4, 127 Stat. 54 (the 2013 VAWA
expands tribal courts’ criminal
jurisdiction to include crimes of
domestic violence and dating violence
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
27341
committed by non-Indians within a
tribal court’s jurisdiction.
B. Current LSC Requirements
LSC regulations currently reference
the original language of the LSC Act,
which explicitly carved out an
exception to the general prohibition on
the use of LSC funds in criminal
proceedings for misdemeanors and
lesser offenses in tribal courts: ‘‘[a]
misdemeanor or lesser offense tried in
an Indian tribal court is not a ‘criminal
proceeding.’’ 45 CFR 1613.2.
On November 12, 2012, LSC
Management informed grantees via
Program Letter 12–3 that all grantees
may use LSC funds to assist any eligible
person charged with any offense in a
criminal proceeding in a tribal court
until such time the LSC Board of
Directors (LSC Board) made an
affirmative decision on the issue.
On January 26, 2013, the LSC Board
authorized rulemaking to consider
aligning the LSC regulations and the
LSC Act. Pursuant to LSC’s Rulemaking
Protocol, 67 FR 69763 (Nov. 19, 2002),
a Rulemaking Options Paper (ROP) is
under development. This Request for
Information (RFI) is issued to better
understand the impact of the IACAA,
TLOA, and the 2013 VAWA on grantees
that are active in tribal courts.
II. Request for Information
LSC requests information from
members of the public with any
expertise or experience relating to
criminal proceedings in tribal courts,
the impact of TLOA or the 2013 VAWA
on criminal laws of tribal government,
or tribal court appointments of lawyers.
Commenters are asked to respond to
these general topics of discussion:
1. Do you or your organization
currently undertake representations of
criminal defendants in tribal courts?
a. If yes, please identify which tribal
courts.
b. If no, do you or your organization
have a formal or informal policy in
place to provide or decline such
representations?
c. Are you or your organization aware
of any changes in the criminal laws of
the tribal government and/or sentencing
authority of the tribal courts that have
been implemented in accordance with
TLOA or the 2013 VAWA?
2. Do you or your organization
anticipate undertaking representations
of criminal defendants in tribal courts in
the future?
a. If yes, please identify which tribal
courts.
b. If no, will you or your organization
create a formal or informal policy to
provide or decline such representations?
E:\FR\FM\10MYP1.SGM
10MYP1
27342
Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Proposed Rules
rmajette on DSK2TPTVN1PROD with PROPOSALS-1
3. As a result of the IACAA, TLOA,
and the 2013 VAWA, have you or your
organization seen an increase in the
number of requests for assistance in
criminal matters before tribal courts by
eligible clients?
a. If yes, please estimate the number
of cases and the approximate percentage
these cases constitute as a proportion of
all requests. Please distinguish, if
possible, requests for representation in
misdemeanor cases from those for more
serious crimes.
b. Please indicate (by percentage
estimation, if possible) what the
increase is over years prior to 2010, if
any.
c. If no, please indicate whether you
or your organization anticipate requests
for representation in the future.
4. As a result of the IACAA, TLOA,
and the 2013 VAWA, have you or your
organization increased the number of
representations in criminal cases in
tribal courts?
a. If yes, please estimate the increase,
if any, in the number of representations
you or your organization have
undertaken in criminal cases in tribal
courts since 2010. Please distinguish, if
possible, between representations in
misdemeanor cases and those for more
serious crimes. How does the number of
criminal matters in tribal courts
compare to the overall number of
matters you or your organization has
accepted since 2010?
b. If no, please indicate the number of
matters you or your organization have
undertaken in tribal courts since 2010.
5. As a result of the IACAA, TLOA,
and the 2013 VAWA, have you or any
staff attorney at your organization been
appointed to represent a criminal
defendant in tribal court proceedings?
a. If yes, please explain the court
appointment process in the tribal
court(s) in which the court
appointment(s) took place.
b. Are you or your organization
concerned about future court
appointments in tribal courts? If yes,
please indicate why.
6. Is there any additional information
you would like to provide to LSC at this
time about changes in tribal courts as a
result of the TLOA and the 2013 VAWA
that may have an impact upon you or
your organization and its use of LSC
funds?
III. Important Notes
Information received in response to
this RFI may be published or
summarized by LSC without
acknowledgement of or permission by
your organization. Furthermore, your
responses may be releasable to the
public under the LSC’s adoption of the
VerDate Mar<15>2010
14:33 May 09, 2013
Jkt 229001
Freedom of Information Act, 42 U.S.C.
2996d(g), and the LSC regulation, 45
CFR part 1619. LSC, in its discretion,
may request individual commenters to
meet with LSC to elaborate on
information in their written comments.
Comments sent by any method other
than email to lscrulemaking@lsc.gov, or
hard copy to Atitaya Rok, Staff
Attorney, Legal Services Corporation,
3333 K St. NW., Washington, DC 20007;
to any other address or individual, or
received after the end of the comment
period, may not be considered by LSC.
Dated: May 6, 2013.
Atitaya C. Rok,
Staff Attorney.
[FR Doc. 2013–11070 Filed 5–9–13; 8:45 am]
BILLING CODE 7050–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 13–867; MB Docket No. 13–102; RM–
11696]
Radio Broadcasting Services; Moran,
Texas
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document the
Commission requests comment on a
petition filed by Katherine Pyeatt
(‘‘Petitioner’’), proposing to amend the
FM Table of Allotments by allotting
Channel 281A as a first local aural
service at Moran, Texas. Channel 281A
can be allotted at Moran, Texas, in
compliance with the Commission’s
minimum distance separation
requirements at the following reference
coordinates: 32–25–00 NL and 99–08–
00 WL. See Supplementary Information
infra.
DATES: Comments must be filed on or
before June 17, 2013 and reply
comments must be filed on or before
July 2, 2013.
ADDRESSES: You may submit comments,
identified by MB Docket No 13–102, by
any of the following methods:
• Federal Communications
Commission’s Web site: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• People with disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432
SUMMARY:
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
For detailed instructions for
submitting comments and additional
information of the rulemaking process,
see the SUPPLEMENTARY INFORMATION
sections of this document. In addition to
filing comments with the FCC,
interested parties should serve
petitioner as follows: Katherine Pyeatt,
215 Cedar Springs Rd., #1605, Dallas,
Texas 75201.
FOR FURTHER INFORMATION CONTACT:
Deborah A. Dupont, Media Bureau (202)
418–7072.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of
Proposed Rule Making, MB Docket No.
13–XX, adopted April 24, 2013, and
released April 26, 2013. The full text of
this Commission decision is available
for inspection and copying during
normal business hours in the FCC
Reference Information Center (Room
CY–A257), 445 12th Street SW.,
Washington, DC 20554. The complete
text of this decision may also be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
445 12th Street SW., Room CY–B402,
Washington, DC 20554, (800) 378–3160,
or via the company’s Web site,
www.bcpiweb.com. This document does
not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506 (c)(4).
The Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding. Members of the public
should note that from the time a Notice
of Proposed Rule Making is issued until
the matter is no longer subject to
Commission consideration or court
review, all ex parte contacts are
prohibited in Commission proceedings,
such as this one, which involve channel
allotments. See 47 CFR 1.1204(b) for
rules governing permissible ex parte
contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
For the reasons discussed in the
preamble, the Federal Communications
E:\FR\FM\10MYP1.SGM
10MYP1
Agencies
[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Proposed Rules]
[Pages 27341-27342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11070]
-----------------------------------------------------------------------
LEGAL SERVICES CORPORATION
45 CFR Part 1614
Restrictions on Legal Assistance With Respect to Criminal
Proceedings in Tribal Courts
AGENCY: Legal Services Corporation.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The Legal Services Corporation (LSC) is requesting public
comments on issues associated with amending its regulations to align
with the statutory authority granted to LSC under the Indian Arts and
Crafts Amendment Act of 2010 (the IACAA). The IACAA amended the LSC Act
to provide authority for LSC funds to be used by grantees to represent
eligible persons in any and all criminal proceedings in tribal courts.
Previously, the LSC Act and related regulations permitted
representation only in criminal matters involving misdemeanors or
lesser offenses in tribal courts. The information received as a result
of this request will be considered in rulemaking undertaken by LSC.
DATES: Written comments must be received by August 23, 2013.
ADDRESSES: Written comments must be submitted by mail, fax, or email to
Atitaya Rok at the addresses listed in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Atitaya Rok, Staff Attorney, Legal
Services Corporation, 3333 K St. NW., Washington, DC 20007; (202) 295-
1500 (phone); 202-337-6831 (fax); or lscrulemaking@lsc.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
A. New Statutory Authorities
The IACAA amended the LSC Act to provide authority for LSC funds to
be used by grantees to represent eligible persons in any and all
criminal proceedings in tribal courts. Previously, the LSC Act and
related regulations in 45 CFR part 1613 permitted representation only
in criminal matters involving misdemeanors or lesser offenses in tribal
courts.
A subsection of the IACAA, known as the Tribal Law and Order Act of
2010, Public Law 111-211, tit. II, 124 Stat. 2261 (the TLOA), includes
new authorizations related to tribal court criminal proceedings. The
TLOA increases the maximum jail sentence that any tribal court may
impose from one to three years for any single offense. Prior to the
TLOA, crimes (felonies, misdemeanors, or less serious offenses) within
tribal jurisdiction (those not reserved to federal or state
jurisdiction) that could result in jail sentences of more than one year
upon successful prosecution were often referred by tribes to federal or
state courts because of the tribal courts' inability to impose
lengthier sentences.
In order to use this new sentencing authority, tribes must ``opt
in'' and implement affirmative preconditions detailed in the TLOA,
including, but not limited to, ensuring that judges in tribal courts
have sufficient legal training to preside over criminal proceedings;
affording the defendant the right to effective assistance of counsel
and, if a defendant is indigent, providing the defendant with a
licensed defense attorney at the tribe's expense; publishing the tribal
government's criminal laws and rules of evidence and criminal
procedure; and creating a system that maintains records of criminal
proceedings. Public Law 111-211, tit. II, 124 Stat. at 2280.
In addition to the IACAA and TLOA, the Violence Against Women
Reauthorization Act of 2013, Public Law 113-4, 127 Stat. 54 (the 2013
VAWA expands tribal courts' criminal jurisdiction to include crimes of
domestic violence and dating violence committed by non-Indians within a
tribal court's jurisdiction.
B. Current LSC Requirements
LSC regulations currently reference the original language of the
LSC Act, which explicitly carved out an exception to the general
prohibition on the use of LSC funds in criminal proceedings for
misdemeanors and lesser offenses in tribal courts: ``[a] misdemeanor or
lesser offense tried in an Indian tribal court is not a `criminal
proceeding.'' 45 CFR 1613.2.
On November 12, 2012, LSC Management informed grantees via Program
Letter 12-3 that all grantees may use LSC funds to assist any eligible
person charged with any offense in a criminal proceeding in a tribal
court until such time the LSC Board of Directors (LSC Board) made an
affirmative decision on the issue.
On January 26, 2013, the LSC Board authorized rulemaking to
consider aligning the LSC regulations and the LSC Act. Pursuant to
LSC's Rulemaking Protocol, 67 FR 69763 (Nov. 19, 2002), a Rulemaking
Options Paper (ROP) is under development. This Request for Information
(RFI) is issued to better understand the impact of the IACAA, TLOA, and
the 2013 VAWA on grantees that are active in tribal courts.
II. Request for Information
LSC requests information from members of the public with any
expertise or experience relating to criminal proceedings in tribal
courts, the impact of TLOA or the 2013 VAWA on criminal laws of tribal
government, or tribal court appointments of lawyers. Commenters are
asked to respond to these general topics of discussion:
1. Do you or your organization currently undertake representations
of criminal defendants in tribal courts?
a. If yes, please identify which tribal courts.
b. If no, do you or your organization have a formal or informal
policy in place to provide or decline such representations?
c. Are you or your organization aware of any changes in the
criminal laws of the tribal government and/or sentencing authority of
the tribal courts that have been implemented in accordance with TLOA or
the 2013 VAWA?
2. Do you or your organization anticipate undertaking
representations of criminal defendants in tribal courts in the future?
a. If yes, please identify which tribal courts.
b. If no, will you or your organization create a formal or informal
policy to provide or decline such representations?
[[Page 27342]]
3. As a result of the IACAA, TLOA, and the 2013 VAWA, have you or
your organization seen an increase in the number of requests for
assistance in criminal matters before tribal courts by eligible
clients?
a. If yes, please estimate the number of cases and the approximate
percentage these cases constitute as a proportion of all requests.
Please distinguish, if possible, requests for representation in
misdemeanor cases from those for more serious crimes.
b. Please indicate (by percentage estimation, if possible) what the
increase is over years prior to 2010, if any.
c. If no, please indicate whether you or your organization
anticipate requests for representation in the future.
4. As a result of the IACAA, TLOA, and the 2013 VAWA, have you or
your organization increased the number of representations in criminal
cases in tribal courts?
a. If yes, please estimate the increase, if any, in the number of
representations you or your organization have undertaken in criminal
cases in tribal courts since 2010. Please distinguish, if possible,
between representations in misdemeanor cases and those for more serious
crimes. How does the number of criminal matters in tribal courts
compare to the overall number of matters you or your organization has
accepted since 2010?
b. If no, please indicate the number of matters you or your
organization have undertaken in tribal courts since 2010.
5. As a result of the IACAA, TLOA, and the 2013 VAWA, have you or
any staff attorney at your organization been appointed to represent a
criminal defendant in tribal court proceedings?
a. If yes, please explain the court appointment process in the
tribal court(s) in which the court appointment(s) took place.
b. Are you or your organization concerned about future court
appointments in tribal courts? If yes, please indicate why.
6. Is there any additional information you would like to provide to
LSC at this time about changes in tribal courts as a result of the TLOA
and the 2013 VAWA that may have an impact upon you or your organization
and its use of LSC funds?
III. Important Notes
Information received in response to this RFI may be published or
summarized by LSC without acknowledgement of or permission by your
organization. Furthermore, your responses may be releasable to the
public under the LSC's adoption of the Freedom of Information Act, 42
U.S.C. 2996d(g), and the LSC regulation, 45 CFR part 1619. LSC, in its
discretion, may request individual commenters to meet with LSC to
elaborate on information in their written comments.
Comments sent by any method other than email to
lscrulemaking@lsc.gov, or hard copy to Atitaya Rok, Staff Attorney,
Legal Services Corporation, 3333 K St. NW., Washington, DC 20007; to
any other address or individual, or received after the end of the
comment period, may not be considered by LSC.
Dated: May 6, 2013.
Atitaya C. Rok,
Staff Attorney.
[FR Doc. 2013-11070 Filed 5-9-13; 8:45 am]
BILLING CODE 7050-01-P