Robert Malone
Law Office of Robert S Malone
Flagstaff, Arizona • Serving Coconino County
About Robert Malone
Robert Malone is a tribal law attorney at Law Office of Robert S Malone serving Native communities and clients in Flagstaff, 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: DC School of Law
Common questions about Tribal Law in Arizona
Answered by Arizona Attorney Search Network
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).
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.
How does the Indian Child Welfare Act apply in Arizona?
ICWA, 25 USC § 1901 et seq., applies to state-court custody proceedings involving Indian children. It requires notice to the child's tribe, gives tribes the right to intervene or transfer the case to tribal court, and establishes preferences for placement with extended family or tribal members. Arizona courts apply ICWA in adoption, foster care, and termination proceedings.
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Office Location
Law Office of Robert S Malone
308 N WC RILES ST
Flagstaff, AZ 86001
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