Joint Jurisdiction Wellness Courts
Leech Lake- Ninth Judicial District Courts for Cass and Itasca Counties
United States

The Problem

Poverty, addiction, and hopelessness know no jurisdictional boundaries. All systems struggle to improve outcomes for families, have fewer children in out-of-home placement, decrease incarceration and recidivism rates, and reverse the tide of disproportionate minority contact. But in this era of evaporating resources, no system has proved completely successful on its own. Rather than building on the strengths and capabilities of offenders and their families, state courts have simply dealt with their deficiencies and preached virtue at them, rarely dealing with the problems that undercut their chances of success.
Minnesota is one of eight states with the greatest disparities between white and minority youth in custody. In 2007, 13% of juveniles in secure detention, 7% of probation placements and 18% of youth confined in juvenile correctional facilities were American Indian. This is especially disturbing since Minnesota’s American Indian population is only 1.1%. In 2006, Cass County ranked seventh on Minnesota’s “13 Deadliest Impaired Driving Counties” list. From 2001 to 2005, Cass County experienced thirty-two alcohol-related fatalities; while Cass County’s population of 28,843 represents only a fraction of all other counties, its death rate was the sixth highest in Minnesota.
Statistics for Itasca County are just as grim. In July 2005, 94% of all people who came into the Itasca County Jail had methamphetamine in their possession or in their system, and meth resulted in a 33% increase in jail costs in 2004. In 2008, Itasca County was added to the list of the “13 Deadliest Counties for Impaired Driving” in Minnesota. Between 2004 and 2007, 37% of traffic fatalities were alcohol related, compared to 34% statewide; and there was a 46% increase in impaired driving incident arrests.
Located in rural north-central Minnesota, 235 miles north of Minneapolis/St. Paul and 100 miles south of the Canadian border, the Leech Lake Reservation covers over 1050 square miles within its boundaries, and consists of forests, lakes, and wetlands with small Indian and rural residential communities separated by distances of twenty to eighty miles. The rural location and size of the reservation presents serious challenges for delivery of services to residents. The Reservation encompasses sections of four counties: Beltrami, Cass, Hubbard, and Itasca, all of which are located within Minnesota’s Ninth Judicial District. The Native American unemployment rate on the Reservation is nearly 26%, reflecting that poverty is a serious problem. Statistics from the Leech Lake Band of Ojibwe Addictions and Dependency (A&D) Program show that drug and alcohol abuse is epidemic on the Leech Lake reservation, with 60% of the residents having serious drug or alcohol problems, and 95% of the residents being directly affected by alcoholism or drug abuse by a family member.” While the Leech Lake Band has a Human Services Division with Mental Health, Addictions and Dependency, Opioid Treatment, and Child Welfare Programs, all are seriously under-staffed and under-funded and struggle to deal with the needs of the reservation’s population. Additionally, the Tribal Court was created relatively recently and historically was not seen by other jurisdictions as being legitimate or effective.

Solution and Key Benefits

 What is the initiative about? (the solution)
Because “justice as usual” was not serving local tribal members or non-Indians, there was growing recognition that the solution to adequately addressing the needs of offenders and breaking the cycle of drug and alcohol dependence was to be found in inter-governmental and inter-agency collaboration. In 2006, the Leech Lake Band of Ojibwe Tribal Court teamed up with Minnesota’s Ninth Judicial District’s Cass County District Court, to form a unique problem-solving court that was the first of its kind in the nation. A post-conviction, post-sentencing DWI Court founded on the ten principles of drug courts, the Leech Lake-Cass County Wellness Court handles the cases of both tribal members and non-Indians. The judges are part of a multi-jurisdictional, multi-disciplinary core team made up of representatives from tribal, county, state, and other agencies, and they preside together over hearings. In 2007, a similar Wellness Court was formed in collaboration with the Ninth Judicial District’s Itasca County District Court to work with offenders charged with controlled substance crimes.
After nearly five years, the joint jurisdiction Wellness Courts are still operating successfully and have provided more effective administration of justice and far better results across all systems. Joint tribal-state jurisdiction has brought numerous benefits. First and foremost, the collaborative venture makes our Wellness Courts possible. Without joint jurisdiction, each system would be working in a vacuum, struggling to help people with badly needed resources and expertise out of reach. Second, the use of resources is maximized. Now, by exercising jurisdiction jointly, we have the ability to direct participants to a much broader range of resources. The result is a more effective and efficient method of getting the desired outcome. Third, the opportunities for funding are enhanced. The multi-jurisdictional approach of the Wellness Courts allows us to seek funding through each entity separately or as a joint endeavor. The Leech Lake Tribal Court recently was awarded over $1.5 million in federal and state grants to support its collaborative restorative justice programs; these funds will be used to leverage existing resources of our state court partners. Fourth, cooperative efforts have increased public trust and confidence. Tribal members have expressed that they have a new perspective on the state court judges, seeing their “human” side and finding compassion. Our work has also increased the Tribal Court’s visibility in the community and more people are showing up for hearings in other types of cases than in the past. Fifth, the Joint Powers Agreements have resulted in significant recognition of the Leech Lake Band’s sovereignty and the legitimacy and competency of its judicial system, both by other jurisdictions and other governments. Sixth, Joint jurisdiction has proved to be an instrument for infusing culture into the judicial process. With trust and confidence in our Tribal Court established, the court process has become a key in helping people reconnect via a forum to help people learn about their culture and tradition and restore relationships. Seventh, the joint powers agreements allow the systems to work together to achieve the harmony that fosters healing.

Actors and Stakeholders

 Who proposed the solution, who implemented it and who were the stakeholders?
Joint Tribal-State Jurisdiction is an evolutionary by-product of courageous leaders taking a risk and setting aside years of animosity and mistrust on the chance that their two historically diametrically opposed systems could come together to solve a common problem. Although credit for the programs’ success goes to all those involved with development and ongoing operation of both programs, and to the participants themselves, certain individuals have played pivotal roles. Reno Wells, Cass County Probation Department Director, convinced Cass County District Court Judge John P. Smith to approach the Chairman of the Leech Lake Band of Ojibwe to suggest collaboration. Judge Korey Wahwassuck, who had yet to take the Leech Lake Tribal Court bench, and who was serving as a Tribal Attorney at the time, was present for this meeting. Despite the initial skepticism expressed by the Chairman after the visit, she encouraged the Band to give the program a try. When Judge Wahwassuck took the bench in March 2006, she immediately began working with Judge Smith on Cass County-Leech LakeWellness Court development. When the Leech Lake Tribal Flag was installed in Judge Smith’s courtroom in 2007, Itasca County District Court Judge John Hawkinson and Itasca County Attorney Jack Muhar attended the ceremony. Impressed with the success of the Cass County-Leech Lake Program, and in the process of developing their own drug court program, they invited Judge Wahwassuck to join the Itasca County team. Judge Wahwassuck drafted the Joint Powers Agreement itself, and authored the article “The New Face of Justice: Joint Tribal State Jurisdiction” that was published in the Washburn Law Review n 2008. Judges Wahwassuck, Smith, and Hawkinson co-authored the article “Building a Legacy of Hope: Perspectives on Joint Tribal-State Jurisdiction” that was published in the Washburn Law Journal in 2010. Although the composition of leadership has changed over the years, the Leech Lake Tribal Council and the Boards of Commissioners of Cass and Itasca Counties; the County Attorneys for Cass and Itasca Counties; Law Enforcement officials from the Leech Lake Tribal Police and Cass and Itasca Sheriff Departments; the Minnesota Department of Corrections; Cass County Probation; Public Defenders from the State Board of Public Defense and the Regional Native Public Defense Corporation; the Minnesota Judicial Branch and the Ninth Judicial District; and Chemical and Mental Health providers from the Leech Lake Band and County and private agencies have been instrumental in the success of both programs.
Stakeholders include all those mentioned above, as well as the participants themselves. Wellness Court participants have been reunited with their children who were previously in out of home placement; are all either gainfully employed, doing community service, or are enrolled full-time in local colleges and universities; have long periods of documented sobriety; and many now have their driving privileges restored after years of driving without valid licenses. One tribal official recently recognized that the joint powers work “has taken a vision of a better future for our children and made it a reality for the Leech Lake Band of Ojibwe.”

(a) Strategies

 Describe how and when the initiative was implemented by answering these questions
 a.      What were the strategies used to implement the initiative? In no more than 500 words, provide a summary of the main objectives and strategies of the initiative, how they were established and by whom.
Focusing on the common goals of improved outcomes for families, fewer children in out of home placement, and decreased incarceration and recidivism rates, we realized that each jurisdiction, be it tribal or state, could bring to the table tools unique to its system, and by exercising jurisdiction together the courts could leverage scarce resources and achieve better results. For far too long, opportunities to change the perspective of racial and cultural fairness in the judicial system have been lost. We work hard to do our best, but the reality is that sometimes we fail. We fail, many times, because of misunderstanding. What would be an even worse failure would be if we did not try to understand each other. This joint jurisdiction model demonstrates that the state courts and the tribal courts can work together to promote the interests of the public. In fact, the failure to do so works against the public interest since there is so much to be gained by working together.
Development of the Leech Lake-Cass County Wellness Court and the Joint Powers Agreement reached as a result were based on a set of common goals and objectives shared by both jurisdictions. Such cooperation is only made possible by a willingness to communicate openly and honestly. One Wellness Court team member has commented that one of the best ways to eliminate distrust between people is to require them to work together on a common project. This has proved to be true time and again. And while there is no magic formula for success, there are certain key ingredients that no partnership can survive without. A relationship of trust is one of those ingredients. Since the beginning of the Wellness Court partnerships, both the Cass and Itasca County District Courts and the Leech Lake Tribal Court have focused on what is best for the participants in our programs and the safety of the public. These are common goals that we share. Another ingredient to success is mutual respect. We do not have to do everything the same way or believe the same ideas to respect each other. We do not always agree on what is best for our participants, but we have learned how to disagree and still reach a desirable result. The success of our participants is the best evidence of our working relationship. The programs’ success depends upon mutual understanding of our respective sovereignty, and of what we hold in common. Courageous leaders, those willing to be proactive in working for change for the community-at-large, make this possible. Joint tribal-state jurisdiction in northern Minnesota has built a bridge, not only between systems, but between cultures. Ultimately, it will be up to those who come after us to ensure that the way remains open. As one who witnessed the Joint Powers Agreement being signed in Itasca County pointedpointed out, “‘[t]he youth of today and tomorrow will become the adults and then the elders who carry on this agreement and craft it to fit the changing needs.”

(b) Implementation

 b.      What were the key development and implementation steps and the chronology? No more than 500 words
• Identical Joint Powers Agreements signed with Cass County District Court (2007) and Itasca County District Court (2008). First Joint Jurisdiction Agreement in the nation.
- Differs from Teague Protocol (Wisconsin) in that courts exercise jurisdiction simultaneously, rather than consult to allocate jurisdiction.
- Courts agreed to exercise jurisdiction jointly, where possible, toward common goals of:
1. Improving Access to Justice;
2. Administering Justice for Effective Results; and
3. Fostering Public Trust, Accountability, and Impartiality

• Leech Lake-Cass County Wellness Court created in 2006; Leech Lake Flag installed in Cass County District Court in 2007 (ceremony attended by legislators from both sides of the aisle, and Minnesota Supreme Court Associate Justice and State Court Administrator)
- Founded on Ten Principles of Drug Courts; handles DWI cases of Tribal members and non-Indians.
- Tribal Judge and State Court Judge preside together over bi-weekly hearings held by ITV linking Leech Lake Tribal Court and Cass County Wellness Court
- Participants can appear at either site, regardless of tribal affiliation

• Leech Lake-Itasca County Wellness Court created in 2007; Leech Lake Flag installed in Itasca County District Courtrooms in 2008 (participants in ceremony included Minnesota Supreme Court Chief Justice and Minnesota Supreme Court Associate)
- Court Handles DWI and Drug offenses of Tribal members and non-Indians
- Judges preside together over hearings held weekly in Itasca County District Court

• Leech Lake Restorative Justice Program
- 2009, collaborative diversion program created with Cass County Attorney’s Office and Cass County Probation Department
- Tribal and Non-Indian Youth living on Leech Lake Reservation offered diversion have option of participating in Leech Lake Restorative Program and being subject to joint jurisdiction
- First step in development of Multi-Jurisdictional Juvenile Delinquency Court in collaboration with District Courts for counties overlapping reservation
- 2010 Cass County Probation officers appointed to provide juvenile probationservice for tribal court pursuant to Joint Powers Agreement and Tribal law
- 2010, Leech Lake Tribal Court receives $1.5 million in grant funding to support Restorative Justice Program

• Improved Government-to-Government Relationships Resulting from Joint Powers Work
- 2008, Itasca County Board of Commissioners passes Resolution in support of working cooperatively with Leech Lake Tribal Council on issues of common concern
-2010, Cass County Board of Commissioners and Leech Lake Tribal Council enter into Memorandum of Agreement to ensure sustainability of Wellness Court and commit to collaboration on Restorative Justice Program.

• Recognition of Legitimacy of Tribal Courts and Fundamental Systems Change
- 2010, Sue Dosal, State Court Administrator for the Minnesota Judicial Branch goes on record as saying “cooperation among state and tribal courts has become essential to the effective administration of justice.”
- Minnesota Judicial Council (the governing body of the Minnesota Judicial Branch, adds cooperation with Tribal Courts to its 2010-11 Strategic Plan

• To date, only 1 graduate of either the Cass County-Leech Lake or Itasca County-Leech Lake Wellness Courts has re-offended; at last count, the 42 current participants from both programs had a combined 10,658 days of documented sobriety.

(c) Overcoming Obstacles

 c.      What were the main obstacles encountered? How were they overcome? No more than 500 words
State courts historically focused on the symptoms of the drug and alcohol epidemic, being inadequately equipped to deal with the root causes. People who come before the court have tough issues which need more attention than the system generally can give. Those of us working in the courts day-in and day-out sometimes become so used to the routine affairs of the day that we become hesitant to look at changing how we do things. Far too often we stop looking for ways to make improvements in the way we operate. Despite their best efforts, neither local officials nor the Leech Lake Band have been completely successful on their own.
When thoughts of establishing a DWI Court for Cass County surfaced in 2005, it was clear that such an endeavor would not be successful without overcoming logistical and cultural obstacles. Reno Wells, Director of Cass County Probation, was instrumental in taking the first step. Wells knew that it would be impossible to “accomplish what we believed would truly make a difference in the lives of those entrusted to our care until we also reached out and asked for help ourselves.” When our venture began, we quickly found that even where there is willingness to collaborate, there is no magic formula for success. We hoped at first to find an existing model that we could copy so that we would know how to handle the complexity of a multi-jurisdictional court. We searched around the country to see how other courts in similar situations were operating, only to find that collaboration of this nature was truly unprecedented; if we wished to be successful we would need to learn together.
The easy part was convincing chemically dependent people that there was hope for them; the challenge was convincing the governments that they could be successful by working together. At the outset, there was deeply rooted mistrust between the governments and judicial systems, and relationships between the County Sheriff’s Office and the Leech Lake Tribal Police Department had seen periods of highs and lows over the years. Many in the law enforcement community harbored mixed feelings about the program. Law enforcement officers were not the only ones whose initial skepticism was overcome by the success of the program; the prosecuting attorneys have become believers as well. Even the very judges who spearheaded this novel approach to justice had to overcome uncertainties along the way.
Although governments and judicial systems are institutions, they are run by individuals, and those individuals determine whether collaboration will be successful. As with any relationship, building a partnership between jurisdictions requires trust and a willingness to openly communicate. Initially there were reservations about how the collaboration would work, but sharing a common problem made it easier to work toward a common goal. Admittedly, there was initial concern about how things would work when a major difference in opinion arose; however, after nearly five years operating these Joint Wellness Courts, there has not been a serious difference of opinion on any issue.

(d) Use of Resources

 d.      What resources were used for the initiative and what were its key benefits? In no more than 500 words, specify what were the financial, technical and human resources’ costs associated with this initiative. Describe how resources were mobilized
The Cass County-Leech Lake Wellness Court was initiated through a Minnesota Department of Justice grant received by the Cass County District Court. The Cass County grant supported the salaries of the probation officer and coordinator, as well as drug testing supplies, and training for team members. The Leech Lake Tribal Court also had a Bureau of Justice Tribal Courts Assistance Program (TCAP) grant that supported the time of the tribal judge to participate in the program. Continued drug court funding by the State of Minnesota is at serious risk due to fiscal constraints, but the Leech Lake-Cass County Wellness Court has been assured continued funding at least through September 2011. And while the Tribal Court’s grant program has ended, the Leech Lake Band continues to fund the Tribal Judge’s participation. The Tribal Council and the Cass County Board of Commissioners has committed to contribute financially so the program can continue without interruption.
The Itasca County Wellness Court is funded through Bureau of Justice Drug Court Discretionary grants. In 2009, the Itasca Wellness Program received grant funding to become a “hybrid” Drug and DWI Court. The Leech Lake Band has received no direct funding to contribute to this program; however, the Judge’s time is donated. The Itasca Wellness Court has also received private foundation funds that pay for part of the probation officer’s time.
Participants in both programs are required to pay a fee of several hundred dollars to participate. This money is used for participant incentives (such as gift cards, coupons for credit toward program fees, etc), and for special events such as Sobriety Feasts and celebration of National Recovery Month.
By pooling both tribal and state human and financial capital, we are able to spread costs so that neither system bears the entire burden for sustaining our joint jurisdiction work. Both programs are comprised of multi-jurisdictional, multi-disciplinary core teams made up of representatives from Tribal, County, State and other agencies. Coordination is provided by the Cass County Probation Department for the Leech Lake-Cass County Wellness Court, and by the Ninth Judicial District for the Itasca County Wellness Court. Probation supervision is provided by the Minnesota Department of Corrections for the Itasca County Wellness Court, and by Cass County Probation for the Leech Lake-Cass County Wellness Court. Law enforcement services are provided by both Tribal Police and local Sheriff’s Departments. County Attorneys (prosecuting attorneys) from both Cass and Itasca Counties screen potential candidates for eligibility, and serve on the core team. Defense services are now provided by representatives from the Regional Native American Public Defense Corporation, the alternative public defense system in Minnesota for tribal members on the White Earth, Leech Lake, and Red Lake reservations. Public defender services previously were provided by the State Board of Public Defense, but can no longer do so because ob budget constraints. Chemical and Mental Health Services are provided by both tribal and private treatment providers who serve on the core teams, and funding for treatment is provided through consolidated funding sources.

Sustainability and Transferability

  Is the initiative sustainable and transferable?
Our Joint Jurisdiction work has become a national model that has been called “a remarkable alliance of justice systems” the benefits of which “are so vast and too significant for other jurisdictions to ignore.” Articles about the program have been published in the Washburn Law Journal (See, http://www.washburnlaw.edu/wlj/47-3/articles/wahwassuck-korey.pdf),the William Mitchell Law Review (http://www.wmitchell.edu/lawreview/36_II.html), and in the National Council of Juvenile and Family Court Judges’ Juvenile and Family Court Journal. The Wellness Court Judges are also invited to speak at national conferences.
Technology has allowed the Band to share its joint jurisdiction work with other Native Nations. Recently the Prairie Band Potawatomi Nation (PBPN) was developing its own Healing to Wellness Court, and their entire planning team observed the Leech Lake-Cass County Wellness Court live via ITV, without ever leaving Kansas. In addition, the PBPN last year entered into its own Memorandum of Agreement between the Nation’s prosecutor and the County Prosecutor’s Office to avoid prosecution in both tribal and state court for the same offense.
The fact that we are invited so often to speak about our work, and the fact that other tribes are adapting the Joint Jurisdiction Model to fit their own needs is testament to the fact that Joint Tribal-State Jurisdiction can be replicated by any Nation, anywhere. The Leech Lake Band was recently recognized for its Joint Jurisdiction work when it received “Honors” at the 2010 Harvard Honoring Nations Awards as an outstanding example of tribal governance. Programs chosen for Honoring Nations Awards are judged in part for their transferability and sustainability.
One noted tribal justice expert recently observed that “competition between tribes and states is mutually destructive, wastes taxpayer dollars, impedes economic development, and is based on racism and self-defeatism.” In these times of shrinking financial and human resources, the Leech Lake Band has come to the table with its neighbors to find solutions to common problems. This new “roadmap” provides an essential direction that helps achieve effective results for our people and reverses the effects of drug and alcohol abuse and historical trauma that have devastated our communities for so long. The Joint Jurisdiction model has become an institutional fixture at Leech Lake, and we are using that as a foundation for economic development opportunities. The Tribal Court now works collaboratively with other departments and divisions within the Band, especially the Planning and Economic Development Departments and the Police Departments. Federal grant funding is becoming more and more dependent upon the ability to demonstrate established collaborations with local justice stakeholders. The significant positive results we are achieving with our Wellness Courts has helped build confidence in Leech Lake’s government and has to made the community safer as a whole These are essential ingredients in building infrastructure and expanding economic development opportunities. The more positive work we do, the better things have become on the Leech Lake Reservation for all residents. We are working to maximize the use of available resources to ensure long-term sustainability, and are now turning our focus to juvenile justice issues.

Lessons Learned

 What are the impact of your initiative and the lessons learned?
The benefits of Joint Tribal State Jurisdiction have extended well beyond the judicial realm, and the collaboration has fostered better relationships between tribal, state, and local governments. Both systems have learned that they are not alone in their struggles, that they share common goals, and that together they can make a difference. Acknowledging the importance of creating and nurturing partnerships, one Leech Lake tribal leader proclaimed that it is “time for Leech Lake to reach out and come to the table with our neighbors and find common needs. Together we have power . . . . This Council is willing to do the heavy lifting and hard work because it is in the Band’s best interest to move in this direction.” Leaders in Cass and Itasca Counties and the State of Minnesota share this courageous commitment to change.
Leo Brisbois (White Earth Ojibwe), the first Minnesota State Bar Association President of American Indian heritage and descent, and now a sitting US District Court Magistrate Judge summed it up nicely when he said that:
"[t]he Joint Powers Agreements which memorialize the Wellness Court collaborations between the Tribal Court and the State District Courts within Minnesota’s Ninth Judicial District are a move forward for the modern era, but they have their genesis deep in history. The government-to-government collaborations of the Tribal and State Courts, as branches of co-equal sovereigns, which lie at the heart of the Joint Powers Agreements are not only a manifestation of how things should be, but those government-to-government relationships as equal sovereigns harken to how things were at the beginning of European migration to this continent. The original English colonies and the fledgling United States of America thereafter regularly negotiated and entered into government-to-government relationships with the indigenous tribes of North America, i.e. treaties. Indeed, the status of American Indian communities as sovereign nations is enshrined in the Constitution of the United States wherein the Federal Government reserves to itself the power to make treaties and regulate trade with the Indian Tribes of the continent. This is not to say that relations between Tribal government and the Federal and State governments of the United States during the treaty era were ever all that easy, but it is evident from even a cursory consideration of intervening North American history that American Indian communities suffered most egregiously when mainstream governmental units acted with either indifference to or outright hostility toward the sovereign status of the American Indian Nations. The execution of the Joint Powers Agreements between the Tribal Court and State District Courts within the Ninth Judicial District are an important example of how broader inter-governmental relations can begin to come full circle back to that of co-equal sovereigns; it is fitting therefore that just as the Wellness Courts promote and foster healing for individuals within our communities, the mutual respect and efforts at cross-jurisdictional understanding and collaboration giving rise to the Wellness Courts, as embodied in the Joint Powers Agreements, promote and foster healing within the circle of Nations."

Contact Information

Institution Name:   Leech Lake- Ninth Judicial District Courts for Cass and Itasca Counties
Institution Type:   Government Agency  
Contact Person:   Korey Wahwassuck
Title:   Associate Judge  
Telephone/ Fax:   218-335-4446
Institution's / Project's Website:   218-335-3586
E-mail:   korey.wahwassuck@llojibwe.org  
Address:   6530 Hwy 2 NW
Postal Code:   56633
City:   Cass Lake
State/Province:   Minnesota
Country:   United States

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