Walking on Common Ground

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Walking on Common Ground In Wisconsin Wisconsin
Tribal Judges Association Wisconsin Supreme
Court
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"Central to tribal sovereignty is the capacity
for self-government through tribal justice
mechanisms. . . . Tribal justice systems are
'essential to the maintenance of the culture and
identity of Indian tribes.
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The principles of comity applicable to state
court-tribal court relations are built upon the
goal of fostering tribal self-government through
recognition of tribal justice mechanisms.
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principles of comity must guide both the circuit
court and tribal court when they are faced with
the dilemma of concurrent jurisdiction
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if the state court interprets Wis.Stat.806.245
as a first-to-judgment rule, the result will be a
race to judgment and state courts and tribal
courts will have no incentive to work together in
respect and cooperation to further the dignity of
each court system and the orderly administration
of justice when both courts have concurrent
jurisdiction.
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Comity is based on respect for the proceedings of
another system of government and a spirit of
cooperation. Comity endorses the principle of
mutual respect between legal systems
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In the context of state-tribal relations,
principles of comity must be applied with an
understanding that the federal government is, and
the state courts should be, fostering tribal
self-government and tribal self-determination.
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state governments can develop an increased
understanding of tribal sovereignty, encourage
deference to and support for tribal courts, and
advance cooperation, communication, respect and
understanding in interacting with tribal courts.
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Federal - State - TribalRelationships
Federal

Tribal
State