Intertribal Courts swears in first chief judge

By: ANDREA MOSS - Staff Writer | Sunday, August 27, 2006 9:07 PM PDT ∞

PALA INDIAN RESERVATION ---- American Indian songs, prayers and chants mixed with solemn vows Sunday as the fledgling Intertribal Court of Southern California swore in its first chief judge on the Pala Indian Reservation.

Standing before more than 150 leaders of area Indian tribes, law enforcement agencies and other guests, retired Superior Court Commissioner Anthony Brandenburg raised his right hand and pledged to uphold the laws of those tribes in his new role with the tribal court.

Brandenburg then accepted arrows from each tribe, and, tying the weapons together with a piece of leather, held them high above his head and said the bundle symbolized a new unity, strength and rebirth.

"There is no greater expression of tribal sovereignty than an intertribal system of justice," he said. "The tribal court is about the people. It's about what they need and what they want."

As the court's chief judge, he will travel among local Indian reservations, hearing their civil cases.

Tribal court administrator Temet Aguilar told listeners at Sunday's ceremony that tribal housing disputes, environmental issues, and land use and trespassing cases are examples of the types of cases the new court could hear.

It could also settle disputes over tribe enrollment, hear Indian child welfare cases and handle civil infraction violations such as arson and assault, he said.

Aguilar said that having the tribal court handle such cases will preserve Indians' integrity, autonomy and sovereignty. Unlike state and federal court systems, the tribal court can also factor Indian culture and heritage into its decisions, he said.

"I hope that all of you here today, someday, will tell your children that you were here for this event," he said, referring to Brandenburg's swearing-in, which included the presentation of tribal flags and performances by rattle-shaking men known as bird singers. "(The court) preserves our culture."

California has jurisdiction over its Indian reservations, under a federal law called Public Law 280. Tribes that have court systems, however, generally handle small claims and minor infractions involving their members.

Federal courts handle felony cases on the reservations.

The local Intertribal Court got its start in 2002 when an association of tribal chairmen received a U.S. Department of Justice grant.

The leaders of six San Diego County tribes ---- the La Jolla Nation of Luiseno Indians, the Mesa Grande Band of Mission Indians, the Pala Band of Mission Indians, the Pauma Band of Mission Indians, the Rincon Band of Mission Indians, and the Santa Ysabel Band of Diegueno Indians ---- worked together to plan the court and select its first chief judge.

Brandenburg is a former attorney in private practice who served two terms on the Encinitas Union Elementary School District before he was appointed to the bench as a commissioner in 1989. On Sunday, he said he will strive to be fair and just while administering Indian law.

"A tribe is a family," the new chief judge said. "As with any family, there are times when they have their differences. As sovereign tribes and families, we must come together and work together. Because if we don't, history will repeat itself. And we'll find ourselves facing outsiders coming in (to decide our disputes)."

The Intertribal Court of Southern California has an office at 365 W. Second Ave. in Escondido, a location Aguilar said was chosen to enable the court to serve all its member reservations without bias.

Contact staff writer Andrea Moss at (760) 739-6654 or amoss@nctimes.com. To comment, go to nctimes.com.