Native American Press/Ojibwe News

Supreme Court rules committee continues consideration of proposed “Full faith and credit rule”

By Clara NiiSka - July 12, 2002
The Minnesota Supreme Court Advisory Committee on the General Rules of Practice met on the afternoon of July 10, 2002 in the Minnesota Judicial Center in St. Paul.

“Recognition of Tribal Court Orders and Judgments” was the first item on the agenda. The rules committee is considering the Tribal Court/State Court Forum’s petition to adopt a “full faith and credit rule” which would require Minnesota courts to recognize tribal court decisions as valid. The rule would require anyone objecting to a tribal court decision to legally “prove” that it meets certain specific criteria and should not be accepted.

The rules committee is still considering the proposed rule. Tribal attorneys/tribal court judges including Andrew Small and Henry Buffalo have been lobbying heavily for acceptance of the rule, which would substantially increase the power and influence of tribal courts.

The proposed rule would also require tribal court recognition of state court judgments, although it provides no mechanism for enforcing acceptance on any of the reservations.

The interface between tribal courts and state courts is both legally and politically complicated, and Press/ON will cover it more depth next week.

Michael B. Johnson, Senior Legal Counsel for the State Court Administration, has taking responsibility for notifying the public of the Rules Committee’s ongoing process in considering the proposed ‘full faith and credit’ rule, and is accepting written submissions to the rules committee at 120-D Minnesota Judicial Center, 25 Constitution Avenue, St. Paul, MN 55155.