Native Americans On Trial Often Go Without Counsel
Wall Street Journal; February 1, 2007; page A1, column 4.

Reportedly, Native Americans brought to court in a tribal court are NOT guaranteed access to legal counsel. Apparently, when the legal elements separating the governance of Native Americans and the rest of us were being ironed out, someone overlooked the fact that the right of legal counsel is a right guaranteed in the Constitution. And, unfortunately, since Native American tribes are considered sovereign nations (thus not subject to all the benefits of the Bill of Rights), Native American defendants are not covered. And, the WSJ reporter was told that the reason that the tribes have not provided public defenders is that they don't have the money. Does anyone but me find it interesting that Native American casinos rake in billions and yet they cannot afford to provide their own people with something as basic as legal representation? Do all the casinos have spiffy law firms on retainer?