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Legislation/Policy/Procedure
Filter: AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY
Alabama
Parties: Poarch Band of Creek Indians and State of Alabama
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
For additional information contact:Denise Darcy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Alaska
Parties: The State of Alaska and various tribes
Date enacted/published: Varies
Description:
The Alaska Supreme Court has adopted two rules – Criminal Rule 11(i) and Delinquency Rule 23(f) – which authorize judges to refer cases to tribes and other entities for recommendations as to the appropriate sentence or disposition. This was done at the recommendation of the court system’s Fairness, Diversity and Equality Committee.
The basic model is as follows: i) the tribe will monitor the calendar on the Web and notify the relevant court that it is interested in a particular case; ii) the court will send the relevant documents to the tribe; iii) the tribe will look over the paperwork and if it decides to get involved in that case, it will notify the court that it wants to conduct a “proceeding” as to that defendant (generally a circle, but the term is purposefully broad since different tribes have different practices); iv) once the defendant is convicted, the court will refer the matter to the tribe if the parties agree and will set sentencing out long enough for the tribe to conduct the proceeding; v) the tribe will conduct the proceeding and let the court know the outcome, which will be a formal recommendation to the court as to the sentence or disposition; vi) the court will carefully and respectfully consider the recommendation and impose sentence.
Thus far, formal Plans have been signed with a number of tribes, including the Sun’aq Tribe of Kodiak, Qagan Tayagungin Tribe of Sand Point, Kenaitze Ts’ilq’u Circle, Togiak, Shishmaref, Solomon, Chickaloon, Nikolai, Nulatto, Mentasta, and Kluti Kaah tribes, as well as the Tlingit-Haida Central Council, the Hmong Center of Alaska, and the Polynesian Community in Anchorage. There are also a set of forms that the tribes can use for filing the notifications and sentencing recommendations discussed above. These can be found at http://courts.alaska.gov/rjp/index.htm.
For additional information contact:Ret. Judge Eric Smith
PO Box 672117
Chugiak AK 99567
907-441-1267
esmith@akcourts.us
Arizona
Date enacted/published: 2004
Description:
A Legacy of Public Law 280: Comparing and Contrasting Minnesota’s New Rule for the Recognition of Tribal Court Judgments with the Recent Arizona Rule by Kevin K. Washburn and Chloe Thompson, Vol. 31, Issue 2, Article 5, William Mitchell Law Review 2004. The article provides a history of the tribal/state court forums in Arizona and in Minnesota. It contrast the rules adopted in each state involving the recognition of tribal court judgments and contemplates why such different rules were adopted. It concludes that the impact of P.L. 280 on the relationship between state and tribes had a major impact on the resulting rule in Minnesota and that the strong leadership in the Arizona Supreme Court impacted the adoption there.
For additional information contact:Kevin K. Washburn
Dean, School of Law
University of New Mexico
washburn@law.umn.edu
Parties: Tribal courts
Date enacted/published: pending
Description:
Tribal court domestic relations orders cannot divided tax-exempt retirement plans established pursuant to 26 USC §401, et seq. As a result, tribal members obtaining a divorce through their tribal court, often the only forum jurisdictionally available to them, are unable to get an equitable division of their retirement plans, an often sizable community asset. Non-members married to tribal members may also be unable to obtain a division of their retirement plans. Instead, persons divorced in tribal court may be required to cash in their plans and lose the tax benefits of keeping the plan until retirement. This fact sheet recommends that the federal law be amended to add tribal court orders to the statute.
For additional information contact:Administrative Office of the Courts
Legal Services Office
1501 West Washington • Suite 414
Phoenix, Arizona 85007
Phone 602.542.9323
Parties: Fort McDowell Yavapai Nation, State of Arizona and other AZ Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
For additional information contact:Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Parties: Yavapai-Apache Nation, State of AZ, Other AZ tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Parties: Arizona courts
Date enacted/published: proposed
Description:
Arizona Federal, State, and Tribal Court Forum sought to amend the state’s rules related to service of process in Indian Country. An April 2006 memo explained the reasons why service in Indian country in Arizona should be the same as service out of state.
For additional information contact:David Withey
dwithey@courts.az.gov
State, Tribal and Federal Court Forum
Arizona Judicial Branch
Parties: Arizona tribal courts, Arizona courts
Date enacted/published: 2009
Description:
The protocol, supported by the Federal, State, and Tribal Forum in Arizona, is designed to streamline and decrease the time required to file and enforce tribal involuntary commitment orders. It specifically outlines what the tribal courts and state courts should do to expedite enforcement of the tribal order.
For additional information contact:Lydia Hubbard-Pourier
Tribal Contract Administrator
Arizona Department of Health Services
150 North 18th Avenue
Phoenix, AZ 85007
(602) 364-4755
Lydia.Hubbard-Pourier@azdhs.gov
Parties: Arizona tribal courts, Arizona courts
Date enacted/published: 1994, amended 2002
Description:
Rules of Procedure for Arizona courts to follow in enforcing involuntary commitment orders from tribal courts. These rules were supported by the Federal, State and Tribal Court Forum. The rules provide for the filing of tribal orders in state courts without fee, establishes the standard of review to be used by state courts, lists the findings and information required to be included in the tribal order, establishes the response period for objections and provides the required forms. Amendments to the rules continue to be discussed at forum meetings.The education committee is developing a training model on commitment order procedures.
For additional information contact:David Withey
dwithey@courts.az.gov
State, Tribal and Federal Court Forum
Arizona Judicial Branch
Parties: Arizona tribal courts, Arizona courts
Description:
The Arizona Supreme Court Rules of Procedure that govern the recognition of tribal court orders by Arizona courts. Tribal court orders filed with the state shall be enforced as if an order of the state, provided notice is given to the party and no objection based on lack of subject matter or personal jurisdiction, lack of due process, or a few other permissible objections are substantiated.
For additional information contact:David Withey
Arizona Administrative Office of the Courts
1501 West Washington St # 411
Phoenix, AZ 85007-3235
(602) 452-3500
dwithey@courts.az.gov
Parties: Arizona tribal courts, Arizona courts
Date enacted/published: 1994
Description:
Criminal statute supported by the Federal, State, and Tribal Court Forum on procedure required by the state of Arizona to extradite an Indian from Indian jurisdiction or required by a tribe to extradite from state jurisdiction to tribal jurisdiction.
For additional information contact:David Withey
dwithey@courts.az.gov
State, Tribal and Federal Court Forum
Arizona Judicial Branch
California
Parties: California tribal courts, California courts
Date enacted/published: proposed 2011
Description:
The legislation proposed by the California Tribal Court/State Court Forum seeks to clarify and simplify the process by which tribal court civil judgments are recognized and enforced in California. Currently, tribal court judgments may be recognized through the provisions of the Uniform Foreign-Country Money Judgments Recognition Act (Code Civ. Proc., §§ 1713 –1724). Proceeding to obtain enforcement under that act can be lengthy and costly. This proposal would institute a discrete procedure for recognizing and enforcing tribal court civil judgments that would provide swifter recognition of such judgments while applying the principles of comity appropriate to judgments of sovereign tribes throughout the country.
For additional information contact:Judicial Council of California
Administrative Office of Courts
Ann Gilmour, 415-865-4207
ann.gilmour@jud.ca.gov
Jennifer Walter, 415-865-7687
jennifer.walter@jud.ca.gov
Parties: California tribal courts, California courts
Date enacted/published: 2011
Description:
This proposal by the Tribal Court/State Court Forum would revise the rule governing sending the record in juvenile appeals to clarify that if an Indian tribe has intervened in a case, a copy of the record of that case must be sent to that tribe. This change is needed to ensure that a tribe that has become a party to a case through intervention receives a copy of the record, as do other parties to a juvenile court proceeding.
For additional information contact:Judicial Council of California
Administrative Office of Courts
Ann Gilmour, 415-865-4207
ann.gilmour@jud.ca.gov
Jennifer Walter, 415-865-7687
jennifer.walter@jud.ca.gov
Parties: California tribal courts, California courts
Date enacted/published: 2011
Description:
This proposal by the Tribal Court/State Court Forum would establish an efficient and consistent statewide procedure for California superior courts to register protective orders issued by tribal courts in California under Family Code section 6404. Registration of tribal court protective orders will help ensure that law enforcement agencies enforce these orders uniformly and consistently.
For additional information contact:Judicial Council of California
Administrative Office of Courts
Ann Gilmour, 415-865-4207
ann.gilmour@jud.ca.gov
Jennifer Walter, 415-865-7687
jennifer.walter@jud.ca.gov
Parties: Hoopa Valley Indian Tribe, State of California and Other CA Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Parties: Redding Rancheria, State of California and Other CA Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Parties: Smith River Rancheria, State of California and Other CA Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Parties: Hoopa Valley Tribal Court, California court
Description:
The Hoopa Valley Tribe started a Wellness Court and the tribe has authorized the tribal court through statute to enter into contracts with state, federal or tribal agencies for substance abuse treatment, mental health, or other treatment of children who have been adjudicated delinquent.
For additional information contact:Hoopa Valley Tribal Court
PO Box 1389
Hoopa CA 95546
Phone: (530) 625-4305
Fax: (530) 625-4307
Connecticut
Parties: Mashantucket-Pequot Tribal Nation, State of Connecticut
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Idaho
Parties: Coeur d’Alene Tribe of Indians and State of Idaho
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Michigan
Parties: Michigan tribal courts, Michigan courts.
Date enacted/published: May 1996
Description:
In May 1996, the Michigan Supreme Court adopted Michigan Court Rule 2.615, which was prompted by proposals from the Indian Tribal Court/State Trial Court Forum and the State Bar of Michigan. MCR 2.615 provides for the enforcement of Indian tribal court judgments. Basically, the rule states that a tribal court judgment is recognized as long as the tribe or tribal court has enacted a reciprocal ordinance, court rule, or other binding measure that obligates the tribal court to enforce state court judgments, and that ordinance, court rule, or other measure has been transmitted to the State Court Administrative Office.
For additional information contact:State Court Administrative Offices
925 W. Ottawa Street
Lansing, MI 48913
(517) 373-0130
Parties: Little Traverse Bay Band of Odawa Indians
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Minnesota
Parties: Minnesota tribal courts, Minnesota courts
Date enacted/published: 2004
Description:
A Legacy of Public Law 280: Comparing and Contrasting Minnesota’s New Rule for the Recognition of Tribal Court Judgments with the Recent Arizona Rule by Kevin K. Washburn and Chloe Thompson, Vol. 31, Issue 2, Article 5, William Mitchell Law Review 2004. The article provides a history of the tribal/state court forums in Arizona and in Minnesota. It contrast the rules adopted in each state involving the recognition of tribal court judgments and contemplates why such different rules were adopted. It concludes that the impact of P.L. 280 on the relationship between state and tribes had a major impact on the resulting rule in Minnesota and that the strong leadership in the Arizona Supreme Court impacted the adoption there.
For additional information contact:Kevin K. Washburn
Dean, School of Law
University of New Mexico
washburn@law.umn.edu
Date enacted/published: 2009
Description:
Article from the Journal of Court Innovation, which provides some history of state and tribal court relationships and discusses full faith and credit. It specifically refers to statutes and protocols in Wisconsin, New York, New Mexico, and Minnesota and provides case examples.
For additional information contact:Paul W. Stenzel
paul@paulstenzel.com
Date enacted/published: July 2. 2018
Description:
The Minnesota Tribal Court/State Court Forum had previously petitioned the Minnesota Supreme Court to adopt a robust rule for recognition of tribal court orders. Due in large part to public concern about the efficacy of tribal courts, the supreme court adopted a more cautious rule, one that provided limited guidance and delegated excessive discretion to district courts. The consequences were delays and inconsistencies in the recognition process.
In 2016, the Forum petitioned the supreme court to amend the rule, arguing that any concerns about today’s tribal courts are unfounded. It asked the Minnesota Supreme Court to enhance the rule and extend due deference and respect to tribal courts. The petition received overwhelming support from state court judges, local attorney associations, and the national Indian law community. In a 4-2 decision on July 2, 2018, the Minnesota Supreme Court granted the Forum’s petition with minor amendments.
Montana
Parties: Crow Tribe/ Apsáalooke Nation, State of Montana and other MT Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Parties: Fort Belknap Tribes: Gros Ventre Tribe of Montana and Assiniboine Tribe of Fort Belknap, State of Montana and other MT Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Parties: Fort Peck Assiniboine and Sioux Tribes, State of Montana and Other MT Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Nebraska
Parties: Winnebago Tribe of Nebraska and State of Nebraska
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
New Mexico
Parties: Tribal courts, state courts
Date enacted/published: 2009
Description:
Article from the Journal of Court Innovation, which provides some history of state and tribal court relationships and discusses full faith and credit. It specifically refers to statutes and protocols in Wisconsin, New York, New Mexico, and Minnesota and provides case examples.
For additional information contact:Paul W. Stenzel
paul@paulstenzel.com
Parties: New Mexico tribal courts, New Mexico courts
Date enacted/published: March 2008
Description:
Report from the Tribal-State Consortium to the New Mexico Supreme Court on the Project Passport Initiative, an effort to use a recognizable first page on orders for protection in domestic violence cases to increase enforcement. The report shares the comments and suggestions received by the Consortium through surveying state courts and conducting a shareholders meeting.
For additional information contact:Kathy Spurgin
Statewide Program Manager
Administrative Office of the Courts
aockbs@nmcourts.gov
(505) 827-4808
Parties: Navajo Nation, State of New Mexico and Other NM Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Parties: Santa Clara Pueblo, State of New Mexico and Other NM Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Parties: Nambe Pueblo, State of New Mexico and Other NM Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Parties: Sandia Pueblo, State of New Mexico and Other NM Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Parties: Laguna Pueblo, State of New Mexico and Other NM Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Parties: Zuni Pueblo, State of New Mexico and Other NM Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Parties: San Felipe Pueblo, State of New Mexico and Other NM Tribes
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
New York
Parties: Tribal courts, state courts
Date enacted/published: 2009
Description:
Article from the Journal of Court Innovation, which provides some history of state and tribal court relationships and discusses full faith and credit. It specifically refers to statutes and protocols in Wisconsin, New York, New Mexico, and Minnesota and provides case examples.
For additional information contact:Paul W. Stenzel
paul@paulstenzel.com
North Dakota
Parties: North Dakota tribal courts, North Dakota courts
Date enacted/published: 1994, amended 2004
Description:
The administrative rule describes the purpose, membership and duties of the Committee on Tribal and State Court Affairs, a standing committee of the North Dakota Supreme Court. The Committee was formed after the Tribal/State Court Forums in 1993. The Committee on Tribal and State Court Affairs is a vehicle for expanding tribal and state court judges' knowledge of the respective judicial systems; for identifying and discussing issues regarding court practices, procedures, and administration which are of common concern to members of tribal and state judicial systems; and for cultivating mutual respect for and cooperation between tribal and state judicial systems.
For additional information contact:Louis Hentzen or Lee Ann Barmhardt
North Dakota Supreme Court
Judicial Wing, First Floor
State Capitol
Bismarck, N.D. 58505-0530
Phone 701-328-2221
Parties: North Dakota tribal courts, North Dakota courts
Date enacted/published: 1994
Description:
The Tribal/State Court Forum was an initiative of the North Dakota Supreme Court to enhance cooperation between tribal and state courts. The Forum held four meetings in 1993 which resulted in the proposal that became Rule 7.2, N.D.R.Ct, Recognition of Tribal Court Orders and Judgments. Under the Rule, the Indian tribes in this state are considered the equivalent of foreign nations for the purposes of recognizing the orders and judgments of the tribal courts in this state
For additional information contact:Louis Hentzen or Lee Ann Barmhardt
North Dakota Supreme Court
Judicial Wing, First Floor
State Capitol
Bismarck, N.D. 58505-0530
Phone 701-328-2221
Parties: Standing Rock Sioux
Description:
Project Passport encourages the adoption of a recognizable first page (with standardized, common elements and format), known as the Passport Model Template First Page, for domestic violence orders of protection across jurisdictions. This standardization facilitates broader recognition and enforcement of orders of protection across tribal and state jurisdictions. The Passport Model Template First Page presents commonly agreed-upon data elements in a standardized format. By making the essential data readily available and easily recognizable on an order of protection, courts can be more confident that a “foreign protection order” (i.e., a protection order issued in another jurisdiction outside of the enforcing jurisdiction) is authentic, valid, and enforceable, and that the presenting parties at the point of enforcement are properly identified. Major elements such as the identity of the respondent, relationship of the parties to the order, expiration date of the order, and weapon information all appear in an easily recognized format on the first page of the protection order.
Denise Dancy, Research Associate
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Telephone: (757) 259-1593
ddancy@ncsc.org
www.ncsc.org
Wisconsin
Date enacted/published: 2009
Description:
Article from the Journal of Court Innovation, which provides some history of state and tribal court relationships and discusses full faith and credit. It specifically refers to statutes and protocols in Wisconsin, New York, New Mexico, and Minnesota and provides case examples.
For additional information contact:Paul W. Stenzel
paul@paulstenzel.com
Parties: Wisconsin tribal courts, Wisconsin courts
Date enacted/published: 2009
Description:
The Wisconsin State-Tribal Justice Forum works primarily on issues of concurrent jurisdiction and transfer cases. This rule supported by the Forum and adopted strives to streamline the process of transfer to tribal courts by allowing tribal litigants to request transfer from state court using the standards provided in the rule. State court judges then have the ability to decide whether to transfer the case based upon these same standards.
For additional information contact:Shelly Cern, Senior Policy Analyst
Phone (608) 266-8861
michelle.cern@wicourts.gov
Parties: Wisconsin tribal courts, Wisconsin courts
Date enacted/published: 2006
Description:
Surveying the Boundaries: State and Tribal Court Jurisdiction by Beth Ermatininger Hanan and William H. Levit Jr, Wisconsin Lawyer, Vol. 29, No. 6, June 2006, discusses the Wisconsin Supreme Court's Teague v. Bad River Band of Lake Superior Chippewa Indians decisions and the resulting jurisdictional allocation protocols now in place in the two judicial districts in which most of the state's Indian tribes are located.
For additional information contact:State Bar of Wisconsin
P.O. Box 7158
Madison, WI 53707-7158
Phone 608-257-3838
Parties: Ninth Judicial District of Wisconsin and five signatory tribes
Date enacted/published: 2005
Description:
Wisconsin’s Teague Protocol was established for situations in which tribal and state courts have jurisdiction over the same civil dispute, such as a contract or personal injury claim, or a family law matter. Under the Teague Protocol, state court and tribal court judges temporarily stop actions that are filed in both courts and hold a joint hearing or conference to determine which court should handle the case. Thirteen different factors are to be taken into account in deciding which court should take jurisdiction, including whether the case involves a matter of state or tribal law, how far the case has proceeded in each court, how much time and money the courts have invested in the case, and any cultural issues for the tribe. If the two judges cannot reach an agreement, the agreement allows for a third judge to help resolve the matter. This third judge is selected from a standing pool of tribal and state court judges. A random selection is made if the two judges presiding on the cases cannot agree on a choice.
For additional information contact:Judge David Raasch
Associate Judge
Stockbridge-Munsee Tribal Court
N8476 Moh-He-Con-Nuck Road
P.O. Box 70
Bowler, WI 54416
(715) 793-4397
chief.david22juno.com
