Meet Chief Judge Thomas Weissmuller, the Tribal Representative on the NCJA Board of Directors

Thomas W. Weissmuller serves as the Chief Judge of the Mashantucket Pequot Tribal Nation in Connecticut and serves as the Tribal Representative on the NCJA Board of Directors.

Chief Judge Weissmuller is an alumnus of the National Judicial College at the University of Nevada, Reno, where he now serves as faculty. He attended Oxford Polytechnic before earning his B.A. from the University of Rhode Island and his J.D. from Washington University School of Law. As a private attorney he has emphasized business, criminal, Indian, trust, and estate litigation while simultaneously serving tribal nations in the northwestern United States as both a trial judge and appellate justice. From 1997 to 2004, Chief Judge Weissmuller presided over a significant expansion of tribal jurisdiction as Washington ceded jurisdiction of the 22,500 acre Tulalip Indian Reservation. The Tulalip Tribal Court won Harvard University's prestigious Honoring Nations Award in 2005. In addition to his judicial and administrative responsibilities, Chief Judge Weissmuller serves his community through teaching and outreach efforts. He participates on several regional and national boards to aid both tribal and non-tribal entities in their efforts to ensure justice for all.  In a phone interview we asked Judge Weissmuller about the importance of state and tribal collaboration. Following are excerpts from our conversation.

Please tell us a little bit about the Mashantucket Pequot Tribal Nation and its justice system.

The Mashantucket Pequot Tribal Nation is located in Southeastern Connecticut. The justice system is composed of three trial judges and three appellate justices who hear all types of cases from administrative issues and workman's comp claims to family and criminal law, probate, zoning and tax issues. It is the court of tribal general jurisdiction.

How is the tribal justice system different from/ similar to state justice systems? 

The Mashantucket Pequot system is very similar to state systems because the Mashantucket tribe chose a standard adversarial system that would be familiar to any lawyer. Other tribes have made other decisions but most have chosen an adversarial system. Native Americans who commit major crimes on tribal lands are prosecuted under federal law in federal court as well.

Describe the biggest criminal justice related issues facing Mashantucket Pequots today?

Our tribe faces many of the same issues that states are dealing with like substance abuse, violence and the same type of property crimes.

In what ways does the Mashantucket Pequot tribe currently work with state criminal justice officials?

The Mashantucket Pequot Nation works with state justice officials in many ways. First, tribes cannot punish non-natives and we are limited on remedy so naturally that means that service providers work together. Also we work together to share resources. Our tribal probation officer works with the state courts as a liaison between the state probation office and tribal service providers and serves as conduit to make sure state and tribes are not doubling their efforts but augmenting the services the state provides.

In addition, I serve on the Connecticut Bar Association Committee for Liaison with State Government. It is a great collaborative effort and the Bar made me a member so there could be increased collaboration.

Are there areas in which state and tribal collaborations would not work?

Collaboration is always beneficial. Look at the work of NCJA and the National American Indian Court Judges Association (NAICJA).  Both work with the Department of Justice on ways to increase collaboration.

What would you identify as the critical factors for successful multi-jurisdictional collaborations?

Face to face communication is always very positive. Think outside the box. When there is synergy you always end up with a better product than when you work on your own.

What do you see as the most important successes that have come from your Nation's collaboration with state officials?

Familiarity breeds greater trust and collaboration prevents people from falling through the cracks. When I first came here I saw children who were victims and I never saw the perpetrators being prosecuted. So much of that came from a lack of communication. In one family- it was a very large family- and all of the sisters had been abused by one man. The state had never prosecuted him. They had all of the information but the native children would not talk to non-native officers. We were able to facilitate communication and he was untimately sent away for nine years.

As the voice of state, tribal and local governments, what can NCJA do to help tribal communities?

There is a need to assist getting states and tribal entities to work together, many are and that is positive, but others aren't because they don't know how to do the outreach. NCJA especially with DOJ money facilitates putting states that currently have such collaborations in place in touch with states that want to start. Currently, there are 30-40 cross commissioning agreements across the country but that leaves a lot of room. In addition, the sides have to talk to each other to know what the others' standards are. You won't know unless you talk. NCJA can be a facilitator in this. NCJA can also work to break the stovepipe open by talking to DOJ on behalf of states and tribes.

As the tribal government representative on the NCJA Board of Directors, what do you hope to accomplish?

I advocate for this type of collaboration all the time and I did this on the Advisory Council. Now on the Board of Directors I have a vote to actually direct policy and that is very helpful. I also hope it is helpful to other board members because I can answer questions. So many tribes don't have the resources to do this and I can use my position to advocate for the good of all of them.