Fort Berthold District Court now has jurisdiction over non-enrolled members for domestic and sexual violence cases

In a historic move, effective July 1, 2025, the Fort Berthold District Court informed the public on social media and their website that the newly revised versions of Title I, Title II, and Title III of the Tribal Code will officially go into effect on July 1.

The Three Affiliated Tribes Title III Criminal Code has been redrafted to include the enhanced jurisdiction of the Tribal Law and Order Act of 2010 and the 2022 Reauthorization of the Violence Against Women Act. 

The announcement stated it is a historic moment for the tribe and its inherent tribal sovereignty.  Since 1978, tribes have not been able to prosecute non-Indians because of the Oliphant v. Suquamish Indian Tribe (1978) Supreme Court ruling.  Also stripped away in 1978, was the Tribes ability to criminally sentence for longer than 1 year. 

The court will now have jurisdiction over non-enrolled for Domestic Violence and Sexual Assault cases.

TLOA and VAWA have been vital to tribal self-governance by returning inherent tribal policing authority of theirown territories. Since the passage of TLOA and VAWA, the Mandan, Hidatsa, and Arikara Nation has invested resources into law enforcement, corrections, and the court to meet the statutory provisions or pre-requisites of TLOA and VAWA.

The Title III Criminal Code includes enhanced sentencing authority of 3 years and can be stacked for no more than 9 years in accordance with TLOA.  The Tribe will be exercising Special Tribal Criminal Jurisdiction over non-Indians for covered crimes in accordance with VAWA 2022.  The covered crimes include assault of Tribal justice personnel, child violence, dating violence, domestic violence, obstruction of justice, sexual violence, sex trafficking, stalking, and violation of a protection order.

The full text of all three revised titles is now available on the Court’s official website:

https://fbdcourt.com