Restrictions on Legal Assistance With Respect to Criminal Proceedings in Tribal Courts, 27341-27342 [2013-11070]

Download as PDF 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: http:// 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