Tlingit and Haida's contract with the Department of the Interior has a choice of forum clause requiring resolution in tribal court of disputes arising between the Tribe and the Department. Until then, however, the separate councils will make decisions on behalf of their members. KIC established a tribal court by resolution in 1990. The court operates in an advisory capacity by receiving notice in ICWA proceedings, working with the state DFYS on case management plans, filing ICWA petitions in state court, and attending court hearings. By resolution of the council, one judge acts for the court.
Future plans are to have the tribal council sit as an appellate court.
KIC is redrafting its constitution to provide for the court's exercise of judicial authority on the tribe's behalf. To date, the KIC tribal court has conducted no adjudications. When the court grows beyond its advisory phase, it plans to apply ICWA and already-enacted tribal ordinances concerning children, domestic relations, economic development, and enrollment. The tribal court also will be the forum for any disputes that arise from KIC's contracts with suppliers. All of its contracts contain choice of forum clauses designating the tribal court as the forum for resolution of such disputes.