Tribe: Organized Village of Kake
Section 8. Kake Youth Circle Peacemaking
A. Peacemaking Circle: The Kake Youth Circle Peacemaking Tribal Youth
Court shall be conducted through the use of Peacemaking Circles.
B. Choosing the Circle participants and Circle Keeper: Circle participants
and the Facilitator of the Circle shall be chosen by the OVK Youth
Coordinator plus two Youth from the Youth Panel, and shall not be parties in the case or live in the same household as the wrongdoer coming before
the Circle.
C. Circle Participants: In general, participants of Peacemaking Circles shall
include resident Youth between and including the ages of 8 and 18, are
selected by the Youth Coordinator and two youth. The OVK Youth
Coordinator shall be present at Circle hearings in order to write the decision
of the Circle on a Consensus Agreement form. Circles may also include
adult community members, parents, teachers, counselors, and any other
person who those choosing Circle participants decide should be in the
Circle.
D. Keeper’s Role for Opening and Conducting the Circle:
• The Keeper of the Circle shall begin the Circle process by opening the Circle.
• Opening the Circle may include a prayer or special comments from an Elder or
someone in the Circle.
• The Keeper shall ask the participants to agree to the Oath of Confidentiality and
Fairness Witten in Section 8 of this Ordinance.
• One person shall talk at a time with no interruptions
• The Keeper shall oufline the rules of the Circle and ask participants if there are any
additional rules they would like lo see the Circle go by.
• Comments shall be limited to maximum of five minutes, unless permission granted
by Facilitator.
• The Keeper shall state what the situation is that the Circle will be hearing.
• The Keeper shall begin the Circle by passing the talking stick or other special object
in a clockwise direction.
• The Keeper shall be responsible for keeping order in the Circle should that become
necessary.
• The Keeper shall summarize the highlights of what has been said after each round
of discussion.
• Participants shall show respecl to one another and not point the blame.
• The Keeper shall state the final consensus of the Circle, and make sure that it is an
accurate summary of the Circle’s decision, and sign the written Consensus
Agreement after the Tribal Court Clerk or OVK Youth Coordinator has prepared it.
• All comments made in the Circle shall be confidential. E. Basic Rules of the Circle: The most basic rule of the Circle is that persons
shall have respect for one another. Only one person shall speak at a time,
which shall be the person with the talking stick, or as directed by the Keeper
of the Circle. What is said in the Circle shall stay in the Circle, and shall not
be discussed outside of the Circle.
F. Order of Speaking: Once the Keeper has opened the Circle, he or she shall
pass the talking stick around the Circle and participants shall speak only
when they hold the stick. If a person chooses not to speak, they may pass
the stick on to the next person in the Circle. The discussion of the Circle
shall continue in this manner unless the Keeper directs otherwise.
G. Process of the Circle: The first round: quick introductions shall be made,
stating name and the person being supported (victim, wrongdoer). The
second round of the Circle discussion shall be for participants to voice their
feelings (speaking from the heart), opinions, share information, and
generally talk about the situation. After these things are thoroughly aired,
the Keeper shall begin a new round of discussion focusing on appropriate
solutions and sentencing.
H. Decision of the Circle: The decisions of the Circle shall be made by
consensus. The discussion in the Circle shall proceed until everyone can
stand behind the decisions being made. The decision of the Circle shall be
written on a Consensus Agreement form by the OVK Youth Coordinator or
Court Clerk and signed by the Keeper of the Circle, by the victim, and the
wrongdoer. The decision shall include who shall do specific tasks that may
be decided by the Circle, who shall Mentor the wrongdoer, and specify
guidelines for the sentences decided.
I. Mentors: Specific adult mentors shall be assigned to oversee the progress
of wrongdoers in completing their sentences. Mentors shall sign off on proof
of compliance forms when wrongdoers complete tasks assigned in Consensus Agreements. Mentors shall report to the OVK Youth Coordinator
if a wrongdoer fails to complete assignments made in Consensus
Agreements within the allowed timeframe.
J. Follow-up on Circle Consensus Agreements: Before a Circle adjourns a
session, it shall make a specific plan for how follow-up will be monitored, and
may set a date to reconvene the Circle to examine the progress of a case if
appropriate in 30 days. If a party is not complying with an Consensus
Agreement of the Circle, the person may be brought before the Circle again,
or the case may be referred to the Kake District Court.