Katherine Belzowski

About Katherine Belzowski

Katherine Belzowski is a tribal law attorney at Navajo Nation Department of Justice serving Native communities and clients in Window Rock, Arizona. Tribal law practice in Arizona involves federal Indian law (the Indian Reorganization Act, the Indian Civil Rights Act, the Indian Gaming Regulatory Act), tribal codes of the 22 federally-recognized tribes within or adjacent to Arizona, and state-tribal compacts, addressing jurisdiction, gaming, water rights, and economic development. Contact details appear below.

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Education

• Law School: U of Minnesota

Common questions about Tribal Law in Arizona

Answered by Arizona Attorney Search Network

Can a state court hear a case involving a tribal member?

Sometimes. State courts generally lack jurisdiction over civil claims arising on a reservation between tribal members or against tribal members, under cases like Williams v. Lee, 358 U.S. 217 (1959). State court jurisdiction is broader off-reservation and for cases involving non-Indian parties. Public Law 280 confers state criminal jurisdiction in some states, but Arizona is a non-PL 280 state, retaining federal-tribal-state distinctions.

Are tribal courts the same as state courts?

No. Tribal courts are courts of the tribal nation, applying tribal law and (where adopted) tribal codes. They are constitutionally separate from federal and state courts. Tribal courts handle most civil matters arising on the reservation, including tribal member family law, contracts, and torts. Tribal court judgments are entitled to full faith and credit by federal courts under 25 USC § 1911 in some contexts; recognition by other states varies.

What is tribal sovereignty?

Tribal sovereignty is the inherent right of federally recognized Native American tribes to self-government, recognized by the U.S. Constitution, treaties, and federal law. Tribes exercise jurisdiction over their members and territory, subject to the plenary power of Congress and limitations in cases like Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) (no tribal criminal jurisdiction over non-Indians) and Montana v. United States, 450 U.S. 544 (1981) (limits on civil jurisdiction).

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