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Michigan

Tribal-State Forums

Title: Remarks of Justice Michael F. Cavanagh, “The First Tribal/State Court Forum and the Creation of MCR 2.615
Parties: Michigan tribal courts, Michigan courts
Date enacted/published: October 29, 2007

Description:

Justice Cavanagh, Michigan Supreme Court, reflects on the tribal/state forum held in Michigan in 1992 and the subsequent accomplishments of that forum in a speech hosted by the Indigenous Law and Policy Center at MSU. Many of the recommendations of that forum continue today. Cavanagh discusses the considerations and strategies used in the adoption of the Michigan Civil Rule 2.615 on the recognition of tribal judgments in Michigan.

For additional information contact:
Justice Michael F. Cavanagh
State Court Administrative Offices
925 W. Ottawa Street
Lansing, MI 48913
(517) 373-0128
Title: Report of the State Court and Tribal Court Forum
Parties: State Court Judges and Tribal Court Judges
Date enacted/published: 1992

Description:

Report of the first official interaction between tribal and state courts in Michigan. The forum was developed in 1992, but lapsed some years later. An excpert:

"Forum members and members of the public who attended the meetings raised a plethora of specific technical matters that require cooperation between state and tribal justice systems.  These include service of process on and off the reservation, the issuance of subpoenas, traffic violations, law enforcement, child welfare, enforcement of custody and support orders, and extradition. The forum devised a three part strategy to address these concerns. First, resolution of all the issues raised requires the consistent application of full faith and credit between the tribal and state courts. To achieve this the Forum drafted state and tribal Court Rules to set out procedures for granting full faith and credit between state and tribal courts. Second, the existing legislative efforts in the areas of child welfare and law enforcement certification must be supported.  Third, the State and Tribal Courts must put systems in place to foster ongoing education and cooperation."

For additional information contact:
Justice Michael F. Cavanagh
State Court Administrative Offices
925 W. Ottawa Street
Lansing, MI 48913
(517) 373-0128