Tribal and State courts consider changes to better work together

A Minnesota Supreme Court advisory committee is reviewing the manner in which Minnesota courts recognize tribal court orders and judgments. A public hearing was held in St. Paul on Friday, March 30, to receive testimony from interested individuals on possible changes.

The interaction between State and Tribal courts is currently governed by Rule 10 of the Minnesota General Rules of Practice. A petition with broad support has been submitted to amend Rule 10.

Submitting comments in support of changes were the Lower Sioux Indian Community; the Boise Forte, Fond du Lac, Leech Lake, and Grand Portage Chippewa Bands; the Indigenous Law and Policy Center of Michigan State; the Minnesota American Indian Bar Association; the Indian Child Welfare Act Law Center and many others.

Commenters wrote in support of the change, stating that the present rule is outdated and fails to recognize the growth, development and quality of tribal courts in Minnesota.

The Minnesota District Judges Association also submitted comments in support of changes to Rule 10. The association includes representatives from all of Minnesota’s Judicial Districts, including District 6 which includes the Cook County court.

Sixth District Chief Judge Sally Tarnowski wrote that judges in her district believe Rule 10 provides insufficient guidance to judges, advocates and parties. Tarnowski said the proposed amendment remedies those insufficiencies and better ensures the effective and efficient administration of justice.

Some opposition has been expressed. Mille Lacs County Attorney Joe Walsh wrote in opposition, sharing his opinion that there had been no confusion regarding the enforcement of tribal orders and that the criteria for selection of tribal judges is not stringent enough.

A Deer River attorney Frank Bibeau argued that the Rule 10 changes do nothing to clarify tribal jurisdiction. White Earth Band Member Leonard Roy wrote that any decision on Rule 10 needs to wait until after the Minnesota Chippewa Tribe amends its own Constitution to create tribal court standards.

Another entity, the Minnesota County Attorneys Association, said it would remain neutral on the issue, but noted that it would be mutually beneficial if tribal and state courts have reciprocal recognition of each court’s respective orders and if tribal orders would be permitted to be entered into the state court’s record system.

Grand Portage Band of Lake Superior Chippewa Judge Christina Deschampe submitted comments on behalf of the Grand Portage Band, citing the same reasons and reminding the Minnesota Supreme Court that “Indian tribes are sovereign nations, vested with inherent authority to regulate both their members and their territories.”

The State/Tribal Court General Rules Committee has been meeting since 2002.