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