Catherine Titzer, PBI Intern
As Domestic Violence Awareness Month concludes, it remains crucial to address the pressing issue of domestic violence in Indigenous communities and the barriers that sustain it. Native American, Alaska Native, and Native Hawaiian women face disproportionately high rates of violence, compounded by significant challenges in accessing support services, including legal assistance.
The POWER Act, a federal law, promotes pro bono legal services as a crucial means of empowering survivors of gender-based violence, helping to provide the resources necessary for healing. Fostering collaboration and prioritizing culturally relevant support through pro bono efforts can work towards creating safer, more equitable environments for all survivors, including Indigenous communities.
Disproportionate Impact: Understanding Violence in Indigenous Communities
Native American, Alaska Native, and Native Hawaiian communities experience alarmingly high rates of domestic and sexual violence, coupled with significant barriers to accessing essential support services. Notably:
- More than four out of five (84.3%) of Native American and Alaska Native women experience violence in their lifetimes, making them over 2.5 times as likely to experience violent crimes than any other race.
- Native American and Alaska Native women are also twice as likely to experience rape or sexual assault, with 56.1% experiencing sexual violence and 55.5% experiencing physical violence by an intimate partner.
- 20.6% of Native Hawaiian women between 18 to 29 years old experience intimate partner violence, compared to 13.3% of non-Hawaiian women.
Although Indigenous communities experience violence at disproportionately high rates, 38% of Native women reported they were unable to access support services they needed, including legal support. This makes them 2.5 times more likely than white women to lack the necessary services for safety and healing, with financial barriers and rural locations being common obstacles to accessing legal representation for indigenous people.
The violence faced by Native women is not an isolated issue: it is deeply connected to broader historical injustices, including displacement and systemic discrimination. This connection is underscored by domestic violence being the leading cause of homelessness for women and children. Access to legal services plays a critical role in reducing the likelihood of ongoing abuse; addressing the disparity in access to these services is essential for ensuring the safety of Native women and breaking the cycles of violence perpetuated by barriers to legal support.
Empowering Change: The Role of Pro Bono Work and the POWER Act
Enacted in 2018, the federal Pro Bono Work to Empower and Represent (POWER) Act takes meaningful steps to close the critical gap in legal services for survivors of domestic violence, dating violence, sexual assault, and stalking, with a particular focus on Indigenous survivors. The POWER Act mandates that the “Chief District Court Judge for each federal judicial district lead at least one public event a year promoting pro bono legal services for survivors.”
In federal judicial districts that include Indian Tribes or Tribal organizations, the law further requires collaboration with these groups in hosting at least one POWER Act event every two years. These events involve the community, strengthening partnerships with state, local, Tribal, and territorial domestic violence service providers, coalitions, and volunteer lawyer projects to ensure that the needs of survivors are met.
By requiring events held in partnership with domestic violence service providers and Indigenous communities, the POWER Act ensures that survivors receive support in ways that are both accessible and culturally relevant. This community-centered approach not only improves access to justice but also strengthens local networks, empowering survivors through a collective effort rooted in trust and local expertise.
While the POWER Act was set to expire at the end of 2022, Congress passed the bipartisan POWER 2.0 Act in 2022 to permanently extend the Act’s authorization, ensuring the continuation of its mission to promote pro bono legal services and access to justice for traditionally marginalized communities.
Legislative Impact: Progress Through the POWER Act
Following its 2018 enactment, the POWER Act has had significant impact. POWER Act initiatives in 2020 reached over 43,000 Americans, raising awareness about the critical role of pro bono legal services in advancing access to justice for underserved communities. In 2022, 81% of federal judicial districts hosted POWER Act events, often in partnership with local and state volunteer lawyer projects.
Several POWER Act events have occurred in collaboration with Indigenous organizations, with 22% of POWER Act Events engaged an Indian Tribe or Tribal Organization in 2022, providing a platform to address the unique legal needs and challenges faced by Indigenous communities. Highlights from these events include:
- The U.S. District Court for the District of Montana held a two-day public POWER Act webinar series in October 2022. This program included speakers from the court, the Montana Legal Services Association, and the Margery Hunter Brown Indian Law Clinic, which focuses on issues affecting tribal governments, justice systems, and Indigenous peoples, underscoring the importance of legal services in addressing the unique challenges faced by Indigenous communities.
- Fifty federal district courts came together in July 2024 to present the 2024 Virtual Power Act Event. The event featured four prominent speakers, including Brenda Golden, a citizen of the Muscogee (Creek) Nation and a lawyer, activist, and advocate for Native people. Collaboration among the 50 federal district courts, combined with the powerful presence of Brenda Golden’s voice, demonstrates the collective strength of the legal community in driving meaningful progress toward elevating pro bono services for survivors and access to justice for all.
- In September 2024, the U.S. District Court for the Eastern District of North Carolina, in collaboration with the U.S. District Court for the Northern District of New York, hosted a virtual POWER Act Event featuring Danielle McLean, the Legal and Compliance Officer for the Lumbee Tribe of North Carolina. The event highlighted the Enlightening Native Daughters (END) Program, which provides direct services, including court advocacy and case management, to American Indian women and children who are survivors of domestic violence. A recording of the event can be found here.
These events are examples of the ongoing commitment to improving access to justice for all survivors, particularly within Indigenous communities.
A Call to Action: Mobilizing Pro Bono Services for Survivors
As Domestic Violence Awareness Month concludes, the commitment to creating safer communities for all survivors must continue. Access to legal services remains a significant barrier to justice and healing, making the expansion of pro bono services crucial. Local and state legal aid and volunteer programs provide opportunities for attorneys to engage where systemic challenges complicate access to justice.
POWER Act events serve as a crucial tool for mobilizing pro bono attorneys, legal service providers, and community organizations, catalyzing change by inspiring attorneys to engage in pro bono work and fostering connections with local coalitions aimed at closing the justice gap for survivors. To maximize their effectiveness, these events should prioritize the perspectives of survivors, especially from Tribal communities, while integrating expertise from various legal and domestic violence organizations.
Pro bono volunteers fluent in languages other than English, including sign language, are essential for addressing the need for language access, ensuring that all survivors receive appropriate support. Additionally, promoting nonlawyer legal assistance, such as the roles of social workers and victim advocates, can further enhance the navigation of legal processes for survivors. By prioritizing accessible legal support, pro bono lawyers can take meaningful steps toward ensuring all survivors have the resources they need to move forward with strength and justice.
If you or someone you know needs immediate support, the following hotlines are available 24/7:
- RAINN: 800.656.HOPE (4673)
- National Domestic Violence Hotline: 1.800.799.SAFE (7233)
- Trevor Project: 1.866.488.7386 or text START to 678-678