The Third Branch
State-Tribal Justice Forum sponsors joint conference with Michigan counterparts
On July 28-29, 2011, the Wisconsin State-Tribal Justice Forum sponsored a two-day conference with state and tribal judges from Michigan to explore issues of mutual concern regarding the relationship between state and tribal courts.
A Bridge to Cooperation was held at the Oneida Nation's Radisson Hotel & Conference Center near Green Bay. The conference was attended by thirty-seven state and tribal court judges from both Wisconsin and Michigan, and also included a session for clerks of court from both systems.
"The genesis of this conference came from a Midwest Walking on Common Ground conference held in Michigan in October of 2010," said Judge Neal A. Nielsen, forum chair and Vilas County Circuit Court Judge.
"The Michigan judges at that conference were impressed by the level of cooperation and communication between the state courts and tribal courts in Wisconsin and expressed a desire to learn more about how the State-Tribal Justice Forum functions. We thought there could be valuable things to learn from our Michigan colleagues as well, and this led to planning for the conference."
The conference explored issues of full faith and credit or comity, the discretionary transfer of cases from state courts to tribal courts, state codification and implementation of the Indian Child Welfare Act, and the development of tribal and joint state-tribal specialty courts in both Wisconsin and Michigan, comparing and contrasting the relevant statutory provisions and case law in both jurisdictions. In addition to the judges, the conference was attended by eleven court administrators and policy analysts, eight clerks of court, a professor and four attorneys specializing in Indian law issues.
"We learned a great deal from one another and made valuable professional friendships," said Nielsen. "Our program evaluations indicate that everyone believed the conference was successful and a valuable learning experience for the participants. The judges of the Oneida Nation hosted a cultural night featuring a Native American feast and a very interesting oral history of the Oneida people. They were, as always, warm and welcoming hosts throughout the conference."
The conference was made possible by a contribution from the National Judicial College through a grant from the Bureau of Justice Assistance, and conference coordination was provided by Fox Valley Technical College. Special thanks to Dave Raasch of Fox Valley Technical College (also a Stockbridge-Munsee tribal judge) and to Shelly Cern of the Director of State Courts office for their invaluable assistance in making the conference possible.
The Wisconsin State-Tribal Justice Forum is a group of state and tribal court judges that also includes representatives from the state Legislature and the State Bar of Wisconsin's Indian Law Section, and a policy analyst from the Director of State Courts. It was formed in 2005 and given a general charge to promote and sustain communication, education and cooperation among tribal and state court systems.