Senate Resolution 159 - Introduced PAG LIN S.R. ________ H.R. ________ 1 1 SENATE RESOLUTION NO. ___ 1 2 BY WARNSTADT, LARSON, LAMBERTI, GRONSTAL, 1 3 MILLER, and KREIMAN 1 4 A Resolution urging the General Assembly to continue 1 5 the work begun during the 2006 Legislative Session 1 6 in determining the proper manner for the Iowa court 1 7 system to recognize civil judgments, decrees, and 1 8 orders issued by the Meskwaki Tribal Court. 1 9 WHEREAS, the Meskwaki Settlement has existed within 1 10 the borders of the state of Iowa near Tama since 1857, 1 11 and the Sac and Fox tribe of the Mississippi in Iowa 1 12 is a federally recognized tribe; and 1 13 WHEREAS, the Meskwaki Nation and the state of Iowa 1 14 have an established government=to=government 1 15 relationship that is based on mutual respect which has 1 16 resulted in cooperative efforts, including legislation 1 17 creating landmark laws such as the Iowa Indian Child 1 18 Welfare Act and the reestablishment of the tribe's 1 19 right to control the taking of game on its own land; 1 20 and 1 21 WHEREAS, the Meskwaki Nation previously operated a 1 22 tribal court in the 1930s and, after several years of 1 23 study by past councils and input from tribal members, 1 24 the present tribal council has recently established a 1 25 tribal court to handle civil matters between and 1 26 concerning tribal members; and 1 27 WHEREAS, the Meskwaki Nation is in the process of 1 28 amending its Constitution to incorporate the creation 1 29 of the tribal court into the Constitution, along with 1 30 other progressive reforms initiated by the current 2 1 tribal council; and 2 2 WHEREAS, while nearly 300 tribal courts exist in 2 3 the United States, the Meskwaki Tribal Court is the 2 4 first tribal court established within Iowa's borders; 2 5 and 2 6 WHEREAS, the Meskwaki Tribal Court, while giving 2 7 consideration to tribal customs and traditions, 2 8 operates under rules of procedure that are similar to 2 9 the rules of procedure used by state and federal 2 10 courts, including rules that address a party's 2 11 appropriate notice and opportunity to be heard; and 2 12 WHEREAS, the tribal council is in the process of 2 13 adopting laws granting reciprocal full faith and 2 14 credit to orders from state courts, and the tribal 2 15 court has already given full faith and credit to 2 16 orders from Iowa district courts; and 2 17 WHEREAS, in recruiting judges to hear cases in the 2 18 Meskwaki Tribal Court, the tribal council sought some 2 19 of the nation's leading judges familiar with tribal 2 20 court caseloads, including two judges who serve on the 2 21 board of directors for the National American Indian 2 22 Court Judges Association; and 2 23 WHEREAS, the Chief Judge of the 6th Judicial 2 24 District supported the creation of the Meskwaki Tribal 2 25 Court, and the United States Supreme Court and the 2 26 United States Congress have taken steps to support the 2 27 creation and operation of tribal courts across the 2 28 country; and 2 29 WHEREAS, the General Assembly adopted legislation 2 30 during the 2005 Legislative Session asking the Iowa 3 1 Supreme Court to study whether a court rule should be 3 2 created to recognize civil judgments, orders, and 3 3 decrees issued by the Meskwaki Tribal Court, and the 3 4 General Assembly, during the 2006 Legislative Session 3 5 dedicated a significant amount of time to determining 3 6 the proper manner in which to recognize civil 3 7 judgments, orders, and decrees issued by the Meskwaki 3 8 Tribal Court; NOW THEREFORE, 3 9 BE IT RESOLVED BY THE SENATE, That the Senate 3 10 firmly supports the cross=education of state, local, 3 11 and tribal officials concerning state, local, and 3 12 tribal systems of law and jurisdictional authority; 3 13 and 3 14 BE IT FURTHER RESOLVED, That the Senate recognizes 3 15 the right of the Sac and Fox tribe of the Mississippi 3 16 in Iowa to form a tribal court with the ability to 3 17 resolve disputes emanating from the tribe, and 3 18 believes that a tribal court can bring a special 3 19 perspective and unique insight to issues involving the 3 20 Meskwaki Nation and tribal members; and 3 21 BE IT FURTHER RESOLVED, That the Senate also 3 22 believes that the Meskwaki Tribal Court will not only 3 23 benefit members of the tribe, but may benefit the 3 24 state of Iowa and all of its citizens; and 3 25 BE IT FURTHER RESOLVED, That the Senate urges 3 26 members of the judicial branch of state government, 3 27 members of the Iowa legal community, members of law 3 28 enforcement, and all affected Iowa citizens to 3 29 establish a working relationship with the Sac and Fox 3 30 tribe of the Mississippi in Iowa, and in particular, 4 1 the Meskwaki Tribal Court, to maximize understanding 4 2 of the tribe's legal system, including but not limited 4 3 to due process considerations, and to ensure strong 4 4 communication between the tribal legal system and the 4 5 legal system for the state of Iowa; and 4 6 BE IT FURTHER RESOLVED, That the Senate urges the 4 7 next General Assembly to continue the work begun by 4 8 this General Assembly in determining the proper 4 9 reciprocal manner for the Iowa court system and the 4 10 Meskwaki Tribal Court system to recognize civil 4 11 judgments, decrees, and orders issued by the 4 12 respective courts. 4 13 LSB 6668SS 81 4 14 rh:nh/gg/14.3