Collateral Consequences of Conviction in Tribal Gaming Ordinances: A Comparative Analysis

• In Event: Public Policy and Collateral Consequences

Abstract

This analysis of collateral consequences in tribal gaming ordinances is part of a larger study of collateral consequences of criminal conviction in the laws of the 347 federally recognized Indian tribes in the lower 48 states. This is a comparative legal analysis of the 250 tribes that have legalized gambling. Gaming and casino ordinances are among the most complex and common sources for collateral consequences of conviction in tribal law because these are negotiated with state governments and approved by the National Indian Gaming Commission. When Congress legalized tribal gaming, it encouraged exclusions for criminal convictions to prevent money laundering and organized crime. Collateral consequences in tribal gaming ordinances include restrictions on employment as gaming commissioners and administrators, management officials, ordinary casino employees, or contractors and vendors of gaming establishments. Some tribes notably have a discretionary waiver or pardon process that allows the tribal council to consider a person to be sufficiently rehabilitated and thereby enter tribal gaming employment. The overwhelming majority of tribal gaming ordinances have some collateral consequences, though a minority have exclusions for criminal convictions in tribal law that are far broader than what federal law requires.

Author

• Andrew Novak, George Mason University