House Resolution 173 - Introduced
PAG LIN
1 1 HOUSE RESOLUTION NO. ___
1 2 BY EICHHORN, PAULSEN, and SWAIM
1 3 A Resolution urging the General Assembly to continue
1 4 the work begun during the 2006 Legislative Session
1 5 in determining the proper manner for the Iowa court
1 6 system to recognize civil judgments, decrees, and
1 7 orders issued by the Meskwaki Tribal Court.
1 8 WHEREAS, the Meskwaki Settlement has existed within
1 9 the borders of the state of Iowa near Tama since 1857,
1 10 and the Sac and Fox tribe of the Mississippi in Iowa
1 11 is a federally recognized tribe; and
1 12 WHEREAS, the Meskwaki Nation and the state of Iowa
1 13 have an established government=to=government
1 14 relationship that is based on mutual respect which has
1 15 resulted in cooperative efforts, including legislation
1 16 creating landmark laws such as the Iowa Indian Child
1 17 Welfare Act and the reestablishment of the tribe's
1 18 right to control the taking of game on its own land;
1 19 and
1 20 WHEREAS, the Meskwaki Nation previously operated a
1 21 tribal court in the 1930s and, after several years of
1 22 study by past councils and input from tribal members,
1 23 the present tribal council has recently established a
1 24 tribal court to handle civil matters between and
1 25 concerning tribal members; and
1 26 WHEREAS, the Meskwaki Nation is in the process of
1 27 amending its Constitution to incorporate the creation
1 28 of the tribal court into the Constitution, along with
1 29 other progressive reforms initiated by the current
1 30 tribal council; and
2 1 WHEREAS, while nearly 300 tribal courts exist in
2 2 the United States, the Meskwaki Tribal Court is the
2 3 first tribal court established within Iowa's borders;
2 4 and
2 5 WHEREAS, the Meskwaki Tribal Court, while giving
2 6 consideration to tribal customs and traditions,
2 7 operates under rules of procedure that are similar to
2 8 the rules of procedure used by state and federal
2 9 courts, including rules that address a party's
2 10 appropriate notice and opportunity to be heard; and
2 11 WHEREAS, the tribal council is in the process of
2 12 adopting laws granting reciprocal full faith and
2 13 credit to orders from state courts, and the tribal
2 14 court has already given full faith and credit to
2 15 orders from Iowa district courts; and
2 16 WHEREAS, in recruiting judges to hear cases in the
2 17 Meskwaki Tribal Court, the tribal council sought some
2 18 of the nation's leading judges familiar with tribal
2 19 court caseloads, including two judges who serve on the
2 20 board of directors for the National American Indian
2 21 Court Judges Association; and
2 22 WHEREAS, the Chief Judge of the 6th Judicial
2 23 District supported the creation of the Meskawki Tribal
2 24 Court, and the United States Supreme Court and the
2 25 United States Congress have taken steps to support the
2 26 creation and operation of tribal courts across the
2 27 country; and
2 28 WHEREAS, the General Assembly adopted legislation
2 29 during the 2005 Legislative Session asking the Iowa
2 30 Supreme Court to study whether a court rule should be
3 1 created to recognize civil judgments, orders, and
3 2 decrees issued by the Meskwaki Tribal Court, and the
3 3 General Assembly, during the 2006 Legislative Session
3 4 dedicated a significant amount of time to determining
3 5 the proper manner in which to recognize civil
3 6 judgments, orders, and decrees issued by the Meskwaki
3 7 Tribal Court; NOW THEREFORE,
3 8 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES,
3 9 That the House of Representatives firmly supports the
3 10 cross=education of state, local, and tribal officials
3 11 concerning state, local, and tribal systems of law and
3 12 jurisdictional authority; and
3 13 BE IT FURTHER RESOLVED, That the House of
3 14 Representatives recognizes the right of the Sac and
3 15 Fox tribe of the Mississippi in Iowa to form a tribal
3 16 court with the ability to resolve disputes emanating
3 17 from the tribe, and believes that a tribal court can
3 18 bring a special perspective and unique insight to
3 19 issues involving the Meskwaki Nation and tribal
3 20 members; and
3 21 BE IT FURTHER RESOLVED, That the House of
3 22 Representatives also believes that the Meskawki Tribal
3 23 Court will not only benefit members of the tribe, but
3 24 may benefit the state of Iowa and all of its citizens;
3 25 and
3 26 BE IT FURTHER RESOLVED, That the House of
3 27 Representatives urges members of the judicial branch
3 28 of state government, members of the Iowa legal
3 29 community, members of law enforcement, and all
3 30 affected Iowa citizens to establish a working
4 1 relationship with the Sac and Fox tribe of the
4 2 Mississippi in Iowa, and in particular, the Meskwaki
4 3 Tribal Court, to maximize understanding of the tribe's
4 4 legal system, including but not limited to due process
4 5 considerations, and to ensure strong communication
4 6 between the tribal legal system and the legal system
4 7 for the state of Iowa; and
4 8 BE IT FURTHER RESOLVED, That the House of
4 9 Representatives urges the next General Assembly to
4 10 continue the work begun by this General Assembly in
4 11 determining the proper reciprocal manner for the Iowa
4 12 court system and the Meskwaki Tribal Court system to
4 13 recognize civil judgments, decrees, and orders issued
4 14 by the respective courts.
4 15 LSB 6700HH 81
4 16 rh:nh/gg/14.1
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