Summer 1997

Tribal Courts In Connecticut
When Do I Use Them?

What Is A Tribal Court?

A Tribal Court is a court set up to serve some legal needs of members of Indian Tribes. Of the approximately 500 Federally recognized Tribes in the country, more than 200 have set up their own courts.

In Connecticut, there are two Tribal Courts. One serves the Mashantucket Pequots. The other serves the Mohegans.

Do All Tribal Courts Work The Same Way?

No. Tribal Courts can be as varied as the tribes themselves. They can range from tradition-based systems with little or no written rules to systems as formal as a State or Federal Court. Each Tribe decides how to set up its system and what rules and procedures it will use.

In Connecticut, the Mashantucket Pequot Tribal Court is set up differently from the Mohegan's Gaming Dispute Court.

What Is The Gaming Dispute Court?

It is the Tribal Court For the Mohegan Tribe. This Court was set up by the Mohegans in 1995 to deal with certain types of gaming disputes. It is the only Court that can hear Tribal gaming disputes arising out of or in connection with Gaming, the actions of the Tribal Gaming Authority, or contracts entered into by the Mohegan Tribe or the Mohegan Tribal Gaming Authority in connection with Gaming.

The types of gaming disputes the Court may hear include: tort claims arising on the Gaming Enterprise site; appeals from the issuance and revocation of gaming licenses; and discriminatory employment practices Claims and Appeals.

What Is The Mashantucket Pequot Tribal Court?

It is the Tribal Court serving the Mashantucket Pequots. This court has operated for over five years and covers more kinds of cases than the Gaming Dispute Court. It also decides certain criminal cases.

What Civil (Non-Criminal) Cases Can Be Heard By The Mashantucket Pequot Court?

red bullet  Civil causes of action, including actions against the Mashantucket Pequot Tribe.
red bullet  Contract cases.
red bullet  Tort Claims arising on the Gaming Enterprise Site.
red bullet  Appeals of Employees suspended or terminated from their jobs with the Gaming Enterprise.
red bullet  Probate of Estates.
red bullet  Child welfare issues: abuse and neglect; guardianship; and termination of parental rights.
red bullet  Collection of debts owed to the Gaming Enterprise.
red bullet  Actions to enforce an agreement to arbitrate and to enforce arbitration awards.
red bullet  Domestic cases: marriages; restraining orders; annulments; dissolution of marriages; paternity; child support; and emancipation of minor children.
red bullet  Regulation of vehicle use on Reservation.
red bullet  Keeping pets and livestock on Reservation.

Does The Mashantucket Pequot Tribal Court Handle Any Criminal Cases?

Yes. Crimes by Indians against Indians, crimes by Indians against non-Indians, and crimes by Indians without victims, which are not committed on the gaming floor, can be handled in either Tribal or State Court.

Do I Need A Lawyer To Go To Tribal Court?

Not necessarily. Both courts allow you to proceed "pro se" (on your own). If you want a lawyer for the Mashantucket Pequot Tribal Court, call the Office of the Tribal Court Clerk to ask for the list of lawyers allowed to practice in that Court. The Gaming Disputes Court Clerk's Office also has a list of lawyers allowed to practice in that Court.

What Does A Tribal Court Clerk Do?

The Court Clerk's Office can help you get any forms you might need for a case and will give you copies of Tribal laws or rules of procedure. The Office will also handle scheduling. The Clerk's Office, however, cannot give legal advice.

Telephone Numbers and Addresses:

Mashantucket Pequot Tribal Court
8 Annie George Drive Ext.
P.O. Box 3126
Mashantucket CT 06339-3126
Tel.:  860-572-6156
FAX:   860-572-6320
Hours:  Monday-Friday
8:00 a.m. to 5:00 p.m.		 Mohegan Gaming 
Disputes Court
67 Sandy Desert Road
P.O.Box 549
Uncasville CT 06382-0549
Tel.:  860-848-6155
FAX:  860-848-6159
Hours:  Monday-Friday
8:30 a.m. to 4