Reflecting on the Access to Justice in Indian Country Symposium
- Lydia Locklear Canty
- Oct 22
- 3 min read
The Native American Law Student Association and the South Dakota Law Review recently hosted the Access to Justice in Indian Country Symposium at the University of South Dakota Knudson School of Law on September 29, 2025. The Symposium featured panels and presentations covering justice-focused topics in Indian Country such as restorative justice, tribal courts, tribal law enforcement, and federal intervention in tribal affairs.
Access to justice remains a concern nationwide, particularly for tribal communities across Indian Country. Numerous barriers to justice in Indian Country abound due to the complexity of federal, state, and tribal jurisdiction, insufficient funding for tribal justice systems, and the lack of recognition for tribal laws and governing systems by federal, state, and local governmental entities.
Lydia Locklear Canty, partner at Current Tribal Law & Policy, PLLC, presented at the Symposium on her upcoming publication with co-author Holly James titled “The Reclamation of Law Enforcement in Indian Country: Tribal Justice Yesterday, Today, and Tomorrow.” Locklear Canty and James’ publication dives into law enforcement within Indian Country, emphasizing the multitude of challenges tribes face to ensure both the safety of tribal citizens, as well as access to justice, with particular attention afforded to those tribes located in the southeast and along the eastern seaboard. The publication will touch upon the history of traditional policing within tribal communities and the ongoing reclamation of what policing within tribal communities looks like today. Locklear Canty’s presentation at the Symposium primarily focused on the Catawba Nation, highlighting the Nation’s history, its unique jurisdictional challenges, and the development of its first police department, which has served as a testament to the Nation’s reclamation of restorative policing.
Other presentations at the Symposium focused on tribal wills and the American Indian Probate Reform Act, federal jurisdiction and application within Indian Country, tribal access to justice, and tribal restorative justice programs. There were two breakout sessions, one focused on an overview and the importance of United States v. Sioux Nation while the other focused on criminal law in Indian Country with a focus on data and artificial intelligence. Each of the Symposium panels highlighted the resilience demonstrated by tribal communities in addressing barriers to justice, and facilitated engaging, substantive discussions among participants.
Mary Smith ended the Symposium as the keynote speaker. Mary Smith recently served as president of the American Bar Association and was the first Native American woman to serve in this role in the Association’s almost 150-year history. Mary addressed the significance of access to justice within Indian Country, noting that tribal communities face ongoing justice challenges stemming from historical trauma, complex jurisdictional frameworks, and limited tribal resources and funding. She also emphasized the resilience demonstrated by tribes and Native peoples in overcoming these obstacles, underscoring the importance of recognizing tribal sovereignty, fostering collaborative relationships between tribal and non-tribal entities, and increasing Native representation within the legal profession.
The topic of Native representation in the legal system and access to legal services for tribal communities was further highlighted by the presence of the Dakota Plains Legal Services’ Justice Bus at the Symposium. As South Dakota’s first mobile legal aid office, the Justice Bus enables attorneys to travel throughout South and North Dakota, delivering free legal services to a range of communities. Dakota Plains Legal Services also supports nine tribal nations, helping on matters such as housing, family law, wills and estates, employment, and more. Drawing on previous experience interning with North Carolina Legal Aid and collaborating with legal aid organizations in South Carolina, I recognize the significant impact that these services have—particularly for tribal citizens. For additional information about Dakota Plains Legal Services or the Justice Bus, please visit https://www.dpls.org/.
I would like to express my deep gratitude to the Native American Law Student Association and the South Dakota Law Review for organizing this important Symposium. Their efforts shine a light on the innovative ways tribes throughout Indian Country are addressing complex and difficult justice issues to ensure the safety of their citizens and communities.
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