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Legislation/Policy/Procedure
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
