Judge Cynthia Jordan, left, speaks with Anna Ziegler at the University of Idaho Native American Student Center during the center's weekly Soup Friday. Jake Barber/Argonaut

Four tribal judges with more than 50 years combined experience in tribal courts spoke to Angelique EagleWoman’s Native American Law class and attended lunch at the University of Idaho Native American Student Center on Friday.
EagleWoman brought in Retired Chief Judge Fred Gabourie Sr. of the Kootenai Tribal Court, Chief Judge Cynthia Jordan of the Kootenai Tribal Court and associate judge of the Coeur d’Alene Tribal Court, Judge Earl McGeoghegan Justice of the Colville Confederated Tribes Court of Appeals and Associate Judge of the Nez Perce Tribal Court and Chief Judge Mary Pearson of the Coeur d’Alene Tribal Court to speak to her class.
The judges answered questions from EagleWoman’s law class but stressed the importance of law students learning all they can about tribal court systems.

“It’s good practice to work with tribal courts,” Jordan said.
She said tribal jurisdiction is something law students may come across and should be aware of.
“Some attorneys don’t know that they can transfer their case to a tribal court for a lesser sentence,” Jordan said.
After speaking with EagleWoman’s Native American Law class, the judges spent an hour answering questions from the general UI Law School population.

Dean Don Burnett, a former tribal judge for the Shoshone-Bannock tribes, welcomed the judges for their second hour.
“Federal and Treaty Law is a new area in UI Law School,” Burnett said. “We’re hopeful to be one of the leaders in such a broad area.”
The judges stressed while tribal courts are similar they are vastly different depending on tribal customs and traditions.
“Tribal courts are not just about law, but also respect,” Gabourie said.

Tribal courts are different from federal and state courts because they incorporate tribal customs and traditions.
McGeoghegan said individual tribes are different and should not be lumped together. He advises potential tribal judges to be open to unique ways for settling problems.
Pearson pointed out that tribal attorneys should cite tribal case law and customs before referring to state and federal case law.
“There are cases where we allow witnesses in the form of elders to explain tribal customs,” Pearson said.

While the judges maintain their individual opinions, they all agree tribal sovereignty must be protected.
“The strength of sovereignty depends on the strength of tribal courts and increasing the outreach and dialogue between tribal courts, state and federal courts and law schools,” Burnett said.
After speaking at the law school, the judges joined students at the NASC for Soup Friday a weekly event to provide lunch for Native American students on campus.

“I was impressed; they’re a terrific group of students,” Jordan said.
All the judges said they would like to see more students go into the field of tribal law, both Native American and non-Native American.
“The continuance of tribes depends on the younger generation,” Pearson said. “We need leaders, and students must learn to be diplomatic.”
EagleWoman said it was successful.

“It brought to life to the course reading on the tribal justice system,” she said.
Each of the four judges entered law in different ways.
Pearson returned to school as a single mother of four and earned her undergraduate degree at Boise State University and her juris doctorate at Willamette University College of Law after working as a secretary for the Shoshone-Bannock Tribe in Fort Hall.
“I saw how important it was to have tribal attorneys who know what the issues are,” Pearson said.

Pearson actually failed the bar three times. In Oregon there was a three times only rule, so she took a job with legal aide. She sued the Oregon State Board of Bar Examiners on the basis of discrimination. The judge threw the case out but allowed her to take the bar again. Since then she has worked for tribes and Native American people.
Gabourie had a less noble reason for going to law school.

“I went to law school because I was pissed off about what I was doing, and it was the easiest thing to get into,” Gabourie said.
Jordan had been encouraged by her husband to attend law school — she was accepted at the UI College of Law.
“I was having a mid-life crisis, and I always liked and was interested in law,” Jordan said. “And I enjoyed working with tribes.”
McGeoghegan was a U.S. Marine Corp Vietnam veteran. He retired in 1984 after 22 years of active duty and graduated from the UI College of Law in 1987.

Burnett commended EagleWoman for bringing innovative ideas to the table to expand the American Indian Law program by inviting the judges to campus.
“It’s important for the law school to have a healthy relationship with all judges in Idaho, including tribal judges,” EagleWoman said.

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