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Resolving State-Tribal Jurisdictional Dilemmas

NCJ Number
162818
Journal
Judicature Volume: 79 Issue: 3 Dated: (November-December 1995) Pages: 154- 156
Author(s)
S G Feldman; D L Withey
Date Published
1995
Length
3 pages
Annotation
The Conference of Chief Justices established the Civil Jurisdiction in Indian Country Project in 1989 to address jurisdictional problems between State and tribal courts.
Abstract
The project began with a survey of the approximately 150 tribal courts across the country and many of the State officials with whom they interact. Results identified several types of disputed civil cases and means to resolve jurisdictional issues, but little consistency from State to State or even within States. The project moved forward in 1990 under the direction of a coordinating council composed of State, tribal, and Federal court members and several Indian law experts. Subsequently, two major conferences were held. The projects themes became communication, cooperation, and comity based on mutual respect. The project has identified many methods of overcoming jurisdictional problems and promoting cooperation. These include the adoption of a uniform statute providing for reciprocal recognition of certain tribal court judgments, amending existing uniform acts to include American Indian tribes as potential participants, promoting congressional funding of tribal courts and law enforcement sufficient to enable their full partnership with State justice systems, and preparing a tribal court handbook with basic information. Footnotes

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