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Court: Tribal convictions might not stand

By WTOP Staff

AMY BETH HANSON
Associated Press

HELENA, Mont. (AP) — Federal prosecutors can’t always use past tribal court convictions as proof of a defendant’s criminal history, a panel of the 9th U.S. Circuit Court of Appeals found in a Montana case.

The determination came Tuesday as the three-judge panel ruled that two federal counts of domestic assault filed in 2011 against Michael Bryant Jr. must be dismissed.

The judges said Bryant was convicted of previous crimes in Northern Cheyenne Tribal Court and served time in custody but didn’t have an attorney. The judges said those convictions would not be considered legal under the Sixth Amendment of the U.S. Constitution, which guarantees a defendant the right to an attorney.

Northern Cheyenne tribal court rules say defendants can hire their own attorneys but it does not guarantee an attorney will be appointed.

The U.S. attorney’s office in Montana argued that tribal courts aren’t governed by the U.S. Constitution, and that Bryant’s convictions were legal under tribal law. The 8th and 10th circuits have agreed with similar arguments.

“We recognize our holdings place us in conflict with two other circuits,” 9th Circuit justices Harry Pregerson, Richard A. Paez and Paul J. Watford wrote.

While Watford agreed with the decision in Bryant’s case, he argued the case law on which the judges based their decision case should be revisited.

“The implication is that, if the defendant lacks counsel, tribal courts are inherently suspect and unworthy of the federal courts’ respect,” Watford wrote.

Watford also noted that the 9th Circuit is inconsistent because another decision allows tribal court convictions to be used as a basis to charge someone with being a felon in possession of a firearm, even if that conviction didn’t meet Sixth Amendment standards.

“That seems illogical,” Watford wrote. “If anything, we would want to be more cautious about the use of uncounseled prior convictions in prohibiting firearms possession, because that prohibition impinges upon what would otherwise be a fundamental right.”

The U.S. Attorney’s office could ask for the entire court to consider the matter or seek to raise the issue with the U.S. Supreme Court.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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