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Legislation/Policy/Procedure
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
