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Walking on Common Ground Pathways to Equal Justice: Findings of the 2005 National Gathering for Tribal-Federal-State Court Relations

NCJ Number
225857
Editor(s)
Rebecca Murdock
Date Published
2005
Length
19 pages
Annotation
This report describes the National Gathering for Tribal, Federal, and State Court Relations’ event, the process, and problem-solving discussions held in Green Bay, WI, in 2005, in an attempt to develop an ongoing collaboration between the three judicial systems for ultimately a more equal justice system.
Abstract
For Tribal, Federal, and State courts, seeking common ground for the boundaries of jurisdiction and developing an understanding of the unique characteristics of each others’ systems can result in conflict. Following earlier forums which highlighted the significance of cooperation to resolve and reduce jurisdictional disputes and a recommendation supporting Indian tribes assumption of jurisdiction in Indian country, the U.S. Department of Justice, Bureau of Justice Assistance (BJA) supported the development of a series of three gatherings to be held in three separate locations (Anchorage, AK; Washington, DC; and Green Bay, WI) giving participants full opportunity to generate discussions and provide insight on critical needs within the justice system. The third Gathering in Green Bay, the National Gathering for Tribal, Federal, and State Court, brought together the three judicial systems’ judges to share equally in discussion and develop mutually agreeable solutions. This report presents the findings from this Gathering in which four discussion topics were addressed: choice of forum and Federal review; recognition of judgments and orders; judicial independence; and the Indian Child Welfare Act. Within each discussion topic followed challenges and responses to those challenges. Within each discussion it was recognized that dialogue, ongoing training, and ongoing formal relationships are possible, but not without shared commitment at all levels of government. Key recommendations drawn from the discussions were in the areas of communication and understanding, statutory and regulatory change (tribal jurisdiction), statutory and regulatory change (family law), and resources, funding, and personnel. Sharing responsibility with other justice systems and working together to resolve individual cases effectively will save effort, energy, and even lives in the long run.