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