Wisc. SCT Justice Unhappy with Teague Protocol

News article here.

Tribal court judges assert there’s no problem with consent to tribal court transfer:

Oneida Chief Judge Winifred Thomas told the Supreme Court this week that the results have been excellent. She said the tribal courts try very hard to create a win-win situation, even though the parents have agreed to disagree.

Thomas says the transfers to tribal courts are important, because she believes many Native Americans don’t get a fair shake in circuit courts.

Wisconsin Supreme Court Amends Tribal Court Comity/Transfer Rule

From the Wisconsin Law Journal:

Postjudgment proceedings involving modifications to child support, custody, and placement will soon be transferable from Wisconsin circuit courts to tribal courts without a hearing.

Pursuant to Rule 801.54, adopted by the Wisconsin Supreme Court in 2008, and effective Jan. 1, 2009, courts have already had discretion to transfer any civil action if the court finds that concurrent jurisdiction is present.

But that rule requires notice and a hearing before transfer occurs.

At a May 1 administrative conference, the court adopted an amendment to the rule for family law cases that would dispense with a hearing if no party objects.

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