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June 21, 2002
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“Full faith and credit”
for tribal court decisions?
Supreme Court
Rules
Committee to meet July 10th
The Minnesota Supreme Court Rules Committee has scheduled
their next meeting for Wednesday, July 10, 2002 from 2 p.m. to 5 p.m. According to Michael B. Johnson, Senior
Legal Counsel for the State Court Administration, the agenda “will be
prepared
a littler closer to the meeting,” but it is anticipated that further
consideration the “Full Faith and Credit Rule” proposed by the Tribal
Court
State Court Forum will be on the agenda.
The proposed rule, printed in full in the May 31st
issue of Press/ON, would mandate that Minnesota courts consider
any,
“judgment, decree, order, apprehension order, protection order,
warrant,
subpoena, record, or other judicial act of a tribal court of a
federally-recognized Indian tribe, a defined in 25 U.S.C. §
450b(e), … presumed
valid and enforceable and shall be given full faith and credit by the
courts of
the State of Minnesota.” Under the
proposed rule, many tribal court actions would be rubber-stamped into
state
jurisdiction without any hearing or notification requirements: “the
tribal
court administrator or clerk shall file such orders with the court
administrator of any county; and … the court administrator of any
county shall
stamp the orders as filed in the district court and then forward the
file-stamped order to the local law enforcement agencies, and to the
tribal
court administrator.”
Press/ON publisher Bill Lawrence expects to testify
at the July 10th meeting. |
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