ICT interview with Erin Shanley, special prosecutor for tribe

How do cases get to your desk? Do you oversee the collection of evidence?

Most of our cases are first handled by the [Bureau of Indian Affairs] police and then later investigated by either BIA Criminal Investigators and/or FBI depending on the circumstances. I work with all three. Sometimes cases are completely investigated by the time I receive them and sometimes they are not. When a person is arrested immediately after or during an incident, then an initial police report and complaint will be submitted to the Tribal Prosecutor’s Office. I will file charges and there will most likely be a follow-up investigation. In serious cases involving bodily injury or physical evidence, the officers and sometimes BIA Criminal Investigators or FBI will follow up with witnesses, obtain medical records, and submit physical evidence to the crime lab. I can take witness statements, but usually that is done by the officers or investigators.

How is the decision on whether to prosecute the case in tribal or federal court made?

Well, generally charges will be filed first in tribal court, particularly if the defendant is in custody. Subsequent charges may also be filed in federal court under the habitual offender statute, if the defendant has two prior convictions for domestic abuse in either tribal or state court. Furthermore, if the incident involved the use of a dangerous weapon or resulted in serious bodily injury, federal charges will most likely be pursued.