state court

South Dakota Tribal-State Court Reciprocity Court Rule Adopted by Standing Rock

Matthew L.M. Fletcher

From the Rapid City Journal (H/T Indianz):

The Standing Rock Sioux Tribal Court will now recognize judgments made in state court and other tribal courts.

“In exchange, South Dakota’s Unified Judicial System will recognize and honor judgments made in Standing Rock Sioux Tribal Court.

Tribal Rule 23, which allows the Standing Rock court to recognize court rulings from other jurisdictions, was adopted by the tribal court and signed by tribal Chairman Ron His Horse Is Thunder.

Because of Rule 23, South Dakota courts are now authorized under state statute to recognize Standing Rock court orders and judgments.

“It is the first tribe that has actually notified us that they have court rule in place that has been signed by the chairman of the tribe and by the court,” said Judith Roberts, legal counsel for the Unified Judicial System.

Indian Families and Peyote

Matthew L.M. Fletcher1 Comment

From the Leelanau Enterprise:  “Leelanau County Family Court Judge Joseph E. Deegan last week ordered that the parents of three children who are members of the Grand Traverse Band of Ottawa and Chippewa Indians must refrain from giving their children hallucinogenic peyote as part of Native American religious rituals.”

This appears to be an emerging issue in Michigan and perhaps elsewhere. Naturally, these cases arise when the families split and custody and visitation questions are decided in court. Interestingly, because there is relatively little trust land in Michigan, I would imagine that few (if any) of these cases are heard in tribal court. I wonder if the outcomes would be different.