10th Circuit revives domestic violence case against Ute man

Wednesday, August 3, 2011  

A member of the Ute Tribe who was the first person in Utah to be charged for being a habitual domestic violence offender will once again return to federal court.

Adam Ray Shavanaux was charged under 18 U.S.C. § 117. The law recognizes the use of "Indian tribal court proceedings" in order to punish habitual domestic violence offenders.

A federal judge initially dismissed the indictment because Shavanaux was convicted in tribal court without the aid of an attorney. But in a unanimous decision, the 10th Circuit Court of Appeals reversed and said the Sixth Amendment to the U.S. Constitution does not apply to tribal governments.

"Protecting Indians from domestic violence is unquestionably a legitimate government interest. Congress has found that Indian women are subject to physical and sexual abuse at higher rates than other groups in the United States," the decision stated.

Shavanaux faces up to five years in prison and a fine of $250,000 if convicted.

Get the Story:
Ute tribal member’s indictment reinstated (The Vernal express 8/2)

10th Circuit Decision:
US v. Shavanaux (July 26, 2011)

8th Circuit Decision:
US v. Cavanaugh (July 6, 2011)

10th Circuit allows use of tribal court conviction in federal court (7/27)
8th Circuit accepts tribal court convictions for federal prosecution (7/7)