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Public Defense Resource Hub

Selected Federal Resources for Tribal Criminal Defense Providers

The Office for Access to Justice is committed to support for public defense in all settings, including in Tribal courts. This page highlights select federal funding opportunities and resources that may be of use to Tribal governments and Tribal defense providers seeking to establish and support the public defense function in their Tribal courts.

Congress has set forth protections applicable to Tribal courts through the Indian Civil Rights Act (ICRA). More recent amendments to ICRA in the Tribal Law and Order Act (TLOA), the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), and the Violence Against Women Reauthorization Act of 2022 (VAWA 2022) have created heightened requirements for the provision of defense counsel in particular circumstances where the Tribal court is exercising enhanced sentencing or expanded criminal jurisdiction authorities provided for under those laws.

Informational Resources

Grants.gov is the federal government’s official website for searching for and applying for federal grants opportunities. Grants.gov features an expansive Grants Learning Center with educational materials on federal grants and the application process. The Grants Learning Center resources including the following:

Department of Justice

Additional materials exist to help grantseekers identify and apply for funding opportunities across the federal government, offering process overviews and specific resources.

 

 Federal Resources by Type

A discretionary grant is a merit-based award of funds to eligible applicants who apply directly to the federal agency. A federal grant-making agency accepts applications for discretionary funding, determines eligibility, reviews the contents of the application, and determines which applicants receive awards and the amount of funding to be awarded.

 

Tribal Civil and Criminal Legal Assistance (TCCLA)

Administered by the Bureau of Justice Assistance (BJA), the Tribal Civil and Criminal Legal Assistance (TCCLA) Program is authorized by 25 U.S.C. 3651, et seq. (Public Law 106-559) to strengthen and improve the representation of indigent defendants in criminal cases and indigent respondents in civil causes of action under the jurisdiction of Indian tribes, with the goal of enhancing the operations of tribal justice systems and improving access to those systems by tribal citizens. TCCLA also funds training and technical assistance (TTA) partners to collaborate with BJA to develop and enhance justice system personnel and practices within tribal justice systems.

  • Category 1: Tribal Civil Legal Assistance Grants
    Category 1 is limited to non-profit organizations (tribal and non-tribal), as defined by Internal Revenue Code (I.R.C.) § 501(c)(3)) that provide legal assistance services for federally recognized Indian tribes, members of federally recognized Indian tribes, or tribal justice systems pursuant to federal poverty guidelines. Services include civil legal assistance services for Indian tribes, members of Indian tribes, and tribal justice systems, pursuant to the federal poverty guidelines. These services may include guardian ad-litem appointments, court-appointed special advocates, and development and enhancement of tribal court policies, procedures, and code.
     
  • Category 2: Tribal Criminal Legal Assistance Grants
    Category 2 is limited to non-profit organizations (tribal and non-tribal), as defined by (Internal Revenue Code (I.R.C.) § 501(c)(3)) that provide legal assistance services for federally recognized Indian tribes, members of federally recognized Indian tribes, or tribal justice systems pursuant to federal poverty guidelines. Services are to provide criminal legal assistance services for Indian tribes, members of Indian tribes, and tribal justice systems, pursuant to the federal poverty guidelines. Criminal legal assistance services to tribal members may include adult criminal actions, juvenile delinquency actions, and guardian ad-litem appointments arising out of criminal delinquency acts or development. Legal support to tribal governments and tribal justice systems may include, but is not limited to, the enhancement of tribal court policies, procedures, and code.

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Coordinated Tribal Assistance Solicitation (CTAS)

The Coordinated Tribal Assistance Solicitation (CTAS) provides federally recognized Tribes and Tribal consortia an opportunity to develop a comprehensive and coordinated approach to public safety and victimization issues.  This program is an effort on the part of the Department to combine all of the Department’s existing Tribal government-specific competitive solicitations into one solicitation. Eligibility is limited to federally recognized Indian Tribal governments, as determined by the Secretary of the Interior. This includes Alaska Native villages and Tribal consortia consisting of two or more federally recognized Indian tribes. Applicants may apply for funding under purpose areas that best address Tribes’ concerns related to the public safety, criminal and juvenile justice, and the needs of victims/survivors of domestic violence, sexual assault, and other forms of violence. 
The CTAS purpose areas that support indigent defense are:

  • Purpose Area 3: Tribal Justice Systems: BJA’s Tribal Justice Systems Program supports tribal efforts to develop, support, and improve adult tribal justice systems and prevent crime, including violent crime and crime related to opioid, alcohol, stimulant, and other substance use disorders. Service populations may also include youth, but entirely youth-focused projects should apply under OJJDP’s Purpose Area 9. Purpose Area 3 funding supports a broad range of needs in the adult tribal justice system, from prevention to law enforcement to courts to corrections to reentry, including Indigent defense.

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Tribal Jurisdiction Program

Administered by the DOJ Office of Violence Against Women (OVW), the Grants to Tribal Governments to Exercise Special Tribal Criminal Jurisdiction (Tribal Jurisdiction Program) provides support and technical assistance to Indian Tribes for planning and implementing changes in their criminal justice systems necessary to exercise “special tribal criminal jurisdiction” (STCJ) and funds to exercise the jurisdiction. Under the 2013 and 2022 reauthorizations of the Violence Against Women Act, Tribes may exercise STCJ over non-Indians who commit covered crimes – assault of Tribal justice personnel; child, dating, sexual and/or domestic violence; obstruction of justice; sex trafficking; stalking; and protection order violations – within the Tribe’s jurisdictional boundaries.

Tribal Jurisdiction Program funding may be used to plan for or implement STCJ requirements related to criminal defense, namely that the Tribe must provide indigent criminal defendants with licensed defense counsel at no cost to the defendant in criminal proceedings in which a participating Tribe prosecutes covered crimes.

Governments of Indian Tribes that have jurisdiction over Indian country are eligible applicants, as are consortia of such governments. OVW does not limit eligibility for the Tribal Jurisdiction Program to Tribes that are already exercising or are immediately prepared to exercise STCJ. Since FY 2023, OVW has issued a separate solicitation under the Tribal Jurisdiction Program to provide targeted support for Alaska Tribes that do not have jurisdiction over Indian country but are interested in preparing to seek Attorney General designation to exercise STCJ under the Alaska Pilot Program.

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Tribal Reimbursement Program

In addition to the grant funding and technical assistance provided under the Tribal Jurisdiction Program described above, OVW also administers a reimbursement program for Tribes already exercising SCTJ. The Violence Against Women Reauthorization Act of 2022 authorized this reimbursement program to reimburse participating Tribes for expenses incurred in exercising STCJ, including the provision of indigent defense services for one or more persons charged with one or more covered crimes.

Tribal governments can seek reimbursement under this program if they are recognized by and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian Tribes, and exercise STCJ over at least one of the covered crimes during the relevant calendar year. Exercise of jurisdiction over all covered crimes is not required.

Tribes that are in the planning phases prior to implementing STCJ are not eligible for reimbursement of planning costs from this program. Participating tribes that are currently exercising STCJ over any covered crime and are in the planning phase to exercise jurisdiction over additional covered crimes are eligible for reimbursement for their STCJ cases, but not for planning costs.

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U.S. Department of the Interior, Bureau of Indian Affairs

The Department of Interior’s Bureau of Indian Affairs (BIA) provides funding to Tribes to support many initiatives through the Tribal Justice Support (TJS) Directorate. 

  • Tribes may use BIA funding for civil and criminal legal representation, including by contracting with legal service providers. 
  • Under Public Law 93-638 (PL 638), Tribes may submit direct requests for funding through PL 638 contracts based on Tribal court assessment recommendations from TJS for public defense services, child dependency representation, case managers, self-representation resources, and other functions. 
  • Additional specialized initiatives and specific appropriations are available to Tribal justice systems, including the Tiwahe Initiative, Healing to Wellness Courts, trainings for Tribal courts, and implementation of the Tribal Law and Order Act as well as the Violence Against Women Reauthorization Act. 

Requests for BIA funding must come directly from Tribal governments.

To learn more about BIA funding for Tribal justice systems, you may also contact TJS at bia_tribal_courts@bia.gov.

A discretionary grant is a merit-based award of funds to eligible applicants who apply directly to the federal agency. A federal grant-making agency accepts applications for discretionary funding, determines eligibility, reviews the contents of the application, and determines which applicants receive awards and the amount of funding to be awarded.

 

Community Based Violence Intervention and Prevention Initiative Site-Based – Bureau of Justice Assistance

This program seeks to prevent and reduce violent crime in communities by supporting comprehensive, evidence-based community-based violence intervention and prevention programs that include efforts to address gang and gun violence, based on partnerships among community residents, local government agencies, victim service providers, community-based organizations, law enforcement, hospitals, researchers, and other community stakeholders.  Tribal defenders are eligible applicants under Category 1 and 2.

The solicitation for FY24 closed on June 10, 2024. Organizations interested in applying for FY2025 should check the Department of Justice Grants Program Plan for future opportunities.

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Adult Treatment Court Program – Bureau of Justice Assistance

This program supports state, local, and Tribal efforts to plan, implement, and enhance the operations of adult treatment courts, including Tribal healing to wellness courts. It serves as a tool for criminal court partners and the judiciary to facilitate coordinated approaches that address the needs of nonviolent individuals involved in the justice system who have substance use disorders and/or co-occurring mental health needs. Funding may be used by an eligible entity to support the role of a defense attorney, including Tribal defenders on the treatment court team.

The solicitation for FY24 closed on April 30, 2024. Organizations interested in applying for FY2025 should check the Department of Justice Grants Program Plan for future opportunities.

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Veterans Treatment Court – Bureau of Justice Assistance

This program supports planning, implementing, and enhancing the operations of veterans treatment courts (VTC), including service coordination, participant service and supervision coordination, fidelity to the VTC model, and recovery support services. Funding may be used by an eligible entity to support the role of a defense attorney, including public defenders or Tribal defenders who serve a key role on the VTC team.

The solicitation for FY24 closed on June 27, 2024. Organizations interested in applying for FY2025 should check the Department of Justice Grants Program Plan for future opportunities.

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Family-Based Alternative Justice Program – Office of Juvenile Justice and Delinquency Prevention

This diversionary program aims to establish new and enhance existing family-based alternative justice programs for parents/primary caregivers in the criminal justice system to mitigate the harmful impacts of incarceration on children and their families to improve child, parent, and family outcomes. Funding from this program could support a variety of programs including Tribal defender led diversion programs, or support defense attorney roles in new or existing diversion and alternative justice programs for parents/caregivers in the criminal justice system.

The solicitation for FY24 closed on April 29, 2024.  Organizations interested in applying for FY2025 should check the Department of Justice Grants Program Plan for future opportunities.

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Family Treatment Court Program - Office of Juvenile Justice and Delinquency Prevention

This program supports the establishment, enhancement, or expansion of family treatment courts. These courts aim to more effectively address the needs of parents, children, and families affected by a substance use and/or co-occurring mental health disorder who are involved in the child welfare system because of child abuse and neglect or other parenting issues. They intend to increase collaboration with substance use treatment providers and child welfare systems to ensure the provision of treatment and other support services for families and to improve child, parent, and family outcomes.  Funding from this program can be used to support Tribal defenders and their multidisciplinary teams that represent parents and/or children in child welfare systems.  Attorneys representing justice-involved parents and caregivers are identified as key community collaboration stakeholders.

The solicitation for FY24 closed on May 6, 2024.  Organizations interested in applying for FY2025 should check the Department of Justice Grants Program Plan for future opportunities.

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Juvenile Drug Treatment Court Program - Office of Juvenile Justice and Delinquency Prevention

This program seeks to implement new and innovative approaches to enhance existing juvenile drug treatment courts and improve outcomes for youth with substance use disorder or co-occurring substance use and mental health disorders, including those with histories of trauma. Funding may be used by an eligible entity to support the role of key drug court team members, which includes Tribal defenders, and can be used to support the multidisciplinary teams that support the defense attorney role.

The solicitation for FY24 closed on May 14, 2024.  Organizations interested in applying for FY2025 should check the Department of Justice Grants Program Plan for future opportunities.

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Enhancing School Capacity to Address Youth Violence - Office of Juvenile Justice and Delinquency Prevention

This program supports targeted efforts to address youth violence through implementing evidence-based prevention and intervention efforts in a school-based setting (K–12th grade only). Program goals are to (1) reduce the incidence of school violence through improved school safety and climate and (2) prevent youth violence, delinquency, and victimization in the targeted community. Funding from this program can be used to support multidisciplinary, multiagency stakeholders that includes Tribal defenders.

The solicitation for FY24 closed on June 10, 2024. Organizations interested in applying for FY2025 should check the Department of Justice Grants Program Plan for future opportunities.

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Supporting Effective Interventions for Youth with Problematic or Illegal Sexual Behavior Program - Office of Juvenile Justice and Delinquency Prevention

This program provides funding to communities to develop intervention and supervision services for youth with problematic or illegal sexual behavior and provides treatment services for their victims and families/caregivers. Under this initiative, successful applicants are expected to have an established multidisciplinary team that (1) supports a comprehensive holistic approach to treating youth with problematic or illegal sexual behavior and (2) provides support services to victims and families/caregivers.

The solicitation for FY24 closed on June 18, 2024.  Organizations interested in applying for FY2025 should check the Department of Justice Grants Program Plan for future opportunities.

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The Primary Prevention Youth Homelessness Demonstration Program - Department of Health and Human Services

This program provides funding to identify and implement strategies and services for youth between ages 12 and 26 in order to prevent homelessness, including strategies designed to serve youth and young adult populations with a high likelihood of imminently experiencing homelessness, housing instability, or other forms of victimization such as human trafficking, to include individuals transitioning out of foster care, the juvenile justice system, or a residential behavioral health system.  Tribal defenders are eligible applicants and can use this funding to support a range of primary prevention strategies including support for housing related legal services or special education advocacy.

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Legal Assistance Enhancement Program - Department of Health and Human Services

HHS’s Administration for Community Living’s Legal Assistance Enhancement Program (LAEP) supports legal assistance enhancements and innovations for older Americas with social or economic needs in four key areas: (1) outreach; (2) intake; (3) essential partnerships within and outside the aging network; and (4) delivery of full-range legal assistance. Tribal defenders are eligible applicants and could use this funding to support partnerships with organizations within the aging network, support intake and legal representation with the use of social workers, and multidisciplinary legal representation for elder clients.

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Expand Substance Use Disorder Treatment Capacity in Adult and Family Treatment Drug Courts - Department of Health and Human Services

This program seeks to expand substance use disorder (SUD) treatment and recovery support services in existing drug courts – including prevention, harm reduction, treatment, and recovery services – focusing on the need for treatment instead of incarceration for individuals with SUDs. With this program, SAMHSA aims to improve abstinence from substance use, housing stability, employment status, social connectedness, health/behavioral/social consequences, and reduce criminal justice involvement. Funding from this program can be used by an eligible entity to support defense attorneys in SUD treatment court, including Tribal defenders, and for legal services as part of a multidisciplinary approach in the operations of the drug court.

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Encouraging Innovation: Field Initiated Program – Bureau of Justice Assistance

This program seeks to prevent and reduce crime and enhance the criminal justice system through innovative approaches that accelerate justice by identifying, defining, and responding to emerging or chronic crime problems and systemic issues.  This funding can support new approaches, address gaps in responses, build or translate research knowledge, or build capacity.  Tribal defenders, depending on organizational structure, may be eligible for all three solicitation categories or could partner with an external organization to deploy an innovative field-initiated program.

The solicitation for FY24 closed on August 9, 2024.  Organizations interested in applying for FY2025 should check the Department of Justice Grants Program Plan for future opportunities.

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Justice and Mental Health Collaboration Program – Bureau of Justice Assistance

The Justice and Mental Health Collaboration Program seeks to fund collaborative programs that reduce criminal justice involvement and improve outcomes for individuals with mental health disorders (MHDs) or co-occurring mental health and substance use disorders (MHSUDs). Tribal defenders are eligible entities for this award, but BJA will accept applications only for proposed programs that will be administered jointly by the criminal agency (e.g., the Tribal defender) and a mental health agency. Tribal defenders can utilize this funding to support a range of programs including but not limited to building or expanding existing justice and mental health collaborative programs; supporting navigators, case managers, or court liaison programs that connect individuals living with MHDs and MHSUDs with programs and services; increasing defender-led diversion strategies; or creating or expanding specialized legal services for clients who prequalify for specialized mental health courts.

The solicitation for FY24 Justice and Mental Health Collaboration Program closed on May 14, 2024. Organizations interested in applying for FY2025 grants should check the Department of Justice Grants Program Plan for future opportunities.

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Juvenile Justice and Mental Health Collaboration Program – Office of Juvenile Justice and Delinquency Prevention

The Juvenile Justice and Mental Health Collaboration Program grant provides funding to support cross-system collaboration to improve responses and outcomes for youth under the age of 18 or under the jurisdiction of the juvenile justice system with mental health disorders, including traumatic brain injury and post-traumatic stress disorder, or co-occurring mental health and substance abuse disorders who encounter the juvenile justice system. Tribal defenders are eligible entities for this award, but OJJDP will only accept applications that demonstrate that the proposed project will be administered jointly by the youth justice agency (e.g. the Tribal defender) and a mental health agency.

Tribal defenders can utilize this funding to support a range of programs including but not limited to: the creation or expansion of existing mental health courts, defense-led diversion, or alternative prosecution and sentencing programs; specialized training for Tribal defenders, or mental health personnel to better respond to youth with mental health disorders mental health substance use disorder programs that promote and provide mental health treatment and transitional services for incarcerated youth or for transitional reentry programs for youth released from penal or correctional institutions; or programs that support, administer, or develop treatment capacity and increase access to mental health care and substance use disorder services for youth in the community.

The solicitation for FY24 Juvenile Justice and Mental Health Collaboration Program closed on July 2, 2024.  Organizations interested in applying for FY2025 grants should check the check the Department of Justice Grants Program Plan for future opportunities.

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Reducing Risk for Girls in the Juvenile Justice System – Office of Juvenile Justice and Delinquency Prevention

The Reducing Risk for Girls in the Juvenile Justice System grant provides funding for programs that help to address the unique needs of girls who encounter the juvenile justice system.  This funding can be utilized by Tribal defenders for programs that improve juvenile justice system responses for girls and increase protective factors to prevent further delinquent behavior.

The solicitation for FY24 Reducing Risk for Girls in the Juvenile Justice system closed on June 10, 2024. Organizations interested in applying for FY2025 grants should check the Department of Justice Grants Program Plan for future opportunities.

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Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program (LSV-H)

The Department of Veterans Affairs (VA) provides grants to both public and non-profit organizations that provide legal services to Veterans who are homeless or at-risk of homelessness. This funding can be utilized by Tribal defenders to provide a range of legal services including but not limited to criminal defense in matters symptomatic of homelessness, eviction defense, access to healthcare and public benefits, and family law for Veterans who are confronting housing instability.

Criminal defense services include but are not limited to providing legal representation to Veterans eligible for diversion and specialized treatment courts or for criminal record clearing.

In FY23, the VA awarded $11.5 million in legal service grants to 79 organizations that helped Veterans experiencing or at-risk of homelessness with their legal needs. The application period for FY24 LSV-H grants closed on February 23, 2024. Tribal defenders interested in applying for FY2025 LSV-H grants should check the VA website frequently for possible funding opportunities.

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Formula grants—also called “pass-through funds” or “block grants”—are   funding programs that are based on established eligibility and formulas that ensure designated recipients will receive funds. To access formula funds, applicants generally apply to the administering state and/or local government agencies or their grantees.

Exactly how funds are distributed is most often governed by statutes or congressional appropriations acts that specify which factors are used to determine eligibility, how the funds will be allocated among eligible recipients, as well as the method by which an applicant must demonstrate its eligibility for that funding. Each grant award amount is calculated by a formula, and actual funding amounts vary. Award calculations may consider factors such as population, census data, violent crimes reported to the Federal Bureau of Investigation, and the annual appropriation provided by Congress.

 

Byrne Justice Assistance Grants (JAG)

The Edward Byrne Memorial Justice Assistance Grant (JAG) program is the primary provider of federal criminal justice funding to state and local jurisdictions, including tribal jurisdictions. This formula grant program provides states, units of local governments, and Indian tribes with critical funding necessary to support a range of program areas.  

Byrne JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: 

  • Law enforcement programs
  • Prosecution and court programs (including indigent defense)
  • Prevention and education programs
  • Corrections and community corrections programs
  • Drug treatment and enforcement programs
  • Planning, evaluation, and technology improvement programs
  • Crime victim and witness programs (other than compensation)

In FY 2024, the JAG solicitation identified public defense as one of the areas of emphasis at the state and local level. State and local jurisdictions are encouraged to bring all system stakeholders together in a strategic criminal justice planning process to guide JAG funding, and the Department notes that “our recommended guidelines are that at a minimum, the strategic planning process includes law enforcement, courts, prosecutors, indigent defense providers, victim advocates, and corrections officials.” The solicitation incorporates application requirements to help the Department “assess” the extent to which states are engaged in strategic planning in making allocation decisions about JAG funds, and the extent to which the recommendation that these efforts include all criminal justice stakeholders, including indigent defense, are being followed to ensure fairness in the criminal justice system.” 

Through the FY 2024 JAG Local Solicitation, 16 Indian tribes were eligible to receive a direct allocation, totaling $410,116, based on voluntary reporting of Part 1, violent crime to the Federal Bureau of Investigations.

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John R. Justice Student Loan Repayment Program

Interested public defenders employed by tribal government or a non-profit organization operating under a contract with a tribal, state or unit local government should identify and contact their John R. Justice (JRJ) Governor-designated State Agencies to seek an application and answer questions. More information about the program can found at the JRJ Program Information page.

Under this formula program, the BJA administers resources to state designated agencies who provide loan repayment assistance for public defenders and prosecutors, including individuals employed by tribal governments, who agree to remain employed as public defenders and prosecutors for at least three years.

For each state and territory that is eligible for funding under the John R. Justice Grant Program, BJA will make awards to agencies designated by the Governor of those states or territories (or in the case of D.C., by the Mayor) to administer the JRJ Grant Program within the state or territory. These Governor-designated agencies shall establish and maintain a statewide JRJ Grant Program consistent with the guidance contained in the solicitation and the Act.

Solicitations for this funding have been offered since 2010.

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DOJ Tribal Training and Technical Assistance Opportunities

The Department maintains a page on its website of DOJ training and technical assistance opportunities, including announcement of training sessions, that is both specifically geared toward tribes and across broader topic areas. Several of the technical assistance opportunities on the site are available to defense providers. 

 

National Training and Technical Assistance Center (NTTAC)

Both the Bureau of Justice Assistance and the Office of Juvenile Justice and Delinquency Prevention support National Training and Technical Assistance Centers (NTTAC) to support their programs.  These centers accept requests for and provide training and technical assistance to state and local criminal justice stakeholders, including tribal justice communities.

The Department of Justice has funded and authored studies and reports relevant to Tribal defense. Links to recent reports are included below.

 

Updated December 17, 2024