Public Notice Detail
Advisory Committee Seeks Supplemental Information Regarding Public Hearing on Recognition of Tribal Court Orders and Judgments - Deadline Extended One Week To April 24
Posted: Thursday, April 6, 2017
On March 31, 2017, the Minnesota Supreme Court Advisory Committee on General Rules of Practice held a public hearing
regarding the recognition of tribal court orders and judgments as set forth in the Petition of Minnesota Tribal Court/State Court Forum to Amend Rule 10, filed November 30, 2016, and its accompanying Appendix.
The advisory committee is requesting additional information from any speakers or submitters in regard to the following issues:
- Is the proposed change making tribal court orders and judgments presumptively enforceable substantive or procedural, and does it encroach on federal or state legislative authority?
- Do tribal court civil monetary judgments immediately become liens on real property when filed in MN? (e.g., Wisconsin requires a court to approve it; Iowa says must wait until any filed objections are resolved)?
- How would the proposed change making tribal court orders and judgments presumptively enforceable, address the problem of law enforcement not honoring lawful tribal court orders when people would still need to get “cover orders” from the state courts.
- To what extent would there be reciprocal recognition for state court orders in tribal court?
- What model does the current proposal follow and what has been the experience in those jurisdictions?
- How can a tribal court ordering a civil commitment do so without making the commitment facility a party to the proceedings?
- How are tribal court judges selected?
- What meets the burden to “demonstrate” one of the veto items, such as lack of jurisdiction? I was never there, I was never served, you have the wrong Mike Johnson?
- Are tribal court records public so that litigants can verify what is and is not there?
Those who spoke at the hearing or submitted comments to the advisory committee on the subject may submit supplemental written materials not exceeding ten pages, double spaced, without attachments, no later than Monday, April 24, 2017
. Please submit this by mail or email (email preferred) to the location below. The committee reserves the right to limit all comments appropriately.
Senior Legal Counsel
State Court Administration
125H Minnesota Judicial Center
25 Rev. Dr. Martin Luther King, Jr. Blvd.
Saint Paul, MN 55155
Email address: LegalCounselRules@courts.state.mn.us